A prominent Orlando attorney is suing the state of Florida over new regulations governing use of so-called medical marijuana.
Lawyer John Morgan’s lawsuit, filed today, claims that allowing vaping, oils, and edibles—but not smokable marijuana, violates the very constitutional amendment that made medical marijuana legal.
Morgan says the amendment does prohibit “public” smoking by patients, so that assumes that “private” smoking of pot is allowed. “It doesn’t take a genius to figure out that if smoking is not allowed in public, it must certainly be allowed in private,” Morgan said.
Morgan also says that despite health risks associated with smoking pot, people with debilitating or terminal conditions are worried about health problems later.
“Do we give a rat’s ass that a person dying from ALS is smoking?” Morgan said.
The constitutional amendment passed with 71 percent of the vote last November. It legalizes medical marijuana for patients with cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other debilitating medical conditions.