John Morgan files lawsuit demanding 'smokable' cannabis

John Morgan

John Morgan

When asked Thursday whether he was still contemplating a run for governor, John Morgan told reporters about his warning to his pal, Florida House Speaker Richard Corcoran.

Morgan contends that because the ballot amendment says that public smoking of marijuana is prohibited, it should be assumed that smoking cannabis in private is allowed.

Morgan filed the suit in Leon County Circuit Court Thursday morning.

"I'm going to think about it, " he said, after filing a lawsuit challenging the law the Florida Legislature passed implementing the medical marijuana amendment he bankrolled. "Promises made are promises kept".

"The Florida legislature chose to get involved in the medical use and that is not allowed", Morgan said.

When John Morgan drafted Amendment Two-a medical cannabis initiative approved in 2016-he included language prohibiting smoking in public.

Gov. Rick Scott signed a bill last month that outlines how patients can qualify and receive medical marijuana. "Meaning, it was allowed to be smoked in private places".

Passed by an overwhelming majority of registered Floridians, Morgan's lawsuit took issue with Florida's legislators redefining the term "medical use.' "By redefining the constitutionally defined term "medical use" to exclude smoking, the Legislature substitutes its medical judgment for that of 'a licensed Florida physician" and is in direct conflict with the specifically articulated Constitutional process".

Some of the defendants now listed in the suit: Florida Secretary of Health Celeste Philip, Director of the Office of Compassionate Use Christian Bax, Florida Board of Medicine Chairman James Orr, Florida Board of Osteopathic Medicine Chairman Anna Hayden. Medical use was very clear", Morgan asserted, "that a patient and a doctor would determine what's best for them.

The lawsuit cites a 2012 study published in the Journal of the American Medical Association, which found marijuana smoking increased lung capacity and did not impair lung function.

But now Morgan says that the Florida legislature has ignored the original goal of the amendment in favor of money and donors. For now, he's just watching the field and seeing how things play out.

"If you go to a swimming pool at a hotel", Morgan offers, "and it says no swimming after 9 pm, no swimming before 8 am, does it mean you can swim between 8 am and 9 pm?"

Morgan touts himself as a "capitalist with a capital "C" whose conservative values and skills in negotiating would help him transition party lines if he were ever step into the political spotlight more so than he already has.

In a press conference, Morgan explained that his fight was not for recreational marijuana but was for medicinal use of the plant.

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