Attorney Sues Florida Over Medical Marijuana Smoking Ban

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By William Stash Jones
Oregon Cannabis Connection


In a bold move by the man that primarily funded the Florida medical marijuana initiative that voters approved last year, a lawsuit was filed to stop the legislature’s smoking ban on medical marijuana. He argues the constitutional amendment that passed does allow smoking and he is seeking clarification from the state’s courts.

“Today is a day that should not have been necessary, other than the Florida Legislature decided not to do their job,” Orlando attorney John Morgan said in a press conference outside the Leon County Circuit Court. “It doesn’t take a genius to figure out that if smoking is not allowed in public, it must certainly be allowed in private. That’s the intent. That’s what we said before we started.”

The legislature made a number of changes to Amendment 2, but none were as far reaching than to ban smoked cannabis. In fact, they had to finish their efforts in a special session of the legislature after failing to finish during the regular session. However, during the rule making, they decided that smoked marijuana will not be allowed.

“If Morgan and his team had been honest with the public and had put clear language in there that they wanted this smoked like recreational marijuana, the voters would have had second thoughts about the issue and they would realize they’re being tricked,” Calvina Fay, executive director of the prohibitionist group Drug Free America, told the Sun Sentinel. “All during the campaign, they consistently said that marijuana is a good medicine and sick people should be allowed to have it. The Legislature took them at their word and treated it like a medicine.”

But a huge margin of victory was achieved on November 8th, 2016. Constitutional amendments in Florida require a 60% yes vote to pass, and Amendment 2 surpassed that by over 10 points. Just two years earlier Florida voted 58% in favor of an amendment, falling just 2% shy of the super majority needed.

“71% of Floridians voted to legalize medical marijuana in Florida … by all calculations I have ever been able to determine, it’s the largest vote ever in the history of America for a marijuana initiative,” explained Morgan. “The people of Florida knew exactly what they were voting on when they voted, and when they were voting on it the vast majority of them knew, if not 100 percent, knew that smoke was included.”

There is another option, according to Morgan. He strongly believes a full legalization initiative would pass in Florida, to the objections of many conservative legislators. He says that could be an option if he doesn’t get his way.

“If they piss me off too much, I’ll address the smoking issue by having a constitutional amendment legalizing marijuana,” he said. “If I lose in court, I’ll go through all the marijuana people I know, it won’t take a lot of money, and we will move to legalize the recreational use of marijuana. Then they’ll really be sorry they pushed me.”

© 2017 Oregon Cannabis Connection. All rights reserved.




William Stash Jones

William "Stash" Jones is a medical marijuana patient and medical cannabis advocate. He focuses on medical cannabis and its benefits, and believes that medical cannabis is the solution to many problems in medicine today.

stashjones has 58 posts and counting.See all posts by stashjones

2 thoughts on “Attorney Sues Florida Over Medical Marijuana Smoking Ban

  • 07/10/2017 at 12:56 pm

    It’s time for us, the majority of The People to take back control of our national medical marijuana policy. By voting OUT of office any and all politicians who very publicly and vocally admit to having an anti-medical marijuana, prohibitionist agenda! Time to vote’em all OUT of office. Period. Plain and simple.

    Politicians who continue to demonize Medical Marijuana, Corrupt Law Enforcement Officials who prefer to ruin peoples lives over Marijuana possession rather than solve real crimes who fund their departments toys and salaries with monies acquired through Marijuana home raids, seizures and forfeitures, and so-called “Addiction Specialists” who make their income off of the judicial misfortunes of our citizens who choose marijuana, – Your actions go against The Will of The People and Your Days In Office Are Numbered! Find new careers before you don’t have one.

    The People have spoken! Get on-board with Medical Marijuana Legalization Nationwide, or be left behind and find new careers. Your choice.

    Legalize Nationwide!

    There is absolutely no doubt now that the majority of Americans want our politicians to provide us safe, legal access to Medical Marijuana Nationwide. Our numbers grow on a daily basis.

    The prohibitionist view on medical marijuana is the viewpoint of a minority of Americans.. It is based upon decades of lies and propaganda.

    Each and every tired old lie they have propagated has been thoroughly proven false by both science and society.

    Their tired old rhetoric no longer holds any validity. The majority of Americans have seen through the sham of medical marijuana prohibition in this day and age. The number of prohibitionists left shrinks on a daily basis.

    With their credibility shattered, and their not so hidden agendas visible to a much wiser public, what’s left for a medical marijuana prohibitionist to do?

    Maybe, just come to terms with the fact that Medical Marijuana Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think, and there is nothing they can do to stop it!

    Legalize Nationwide!…and Support All Medical Marijuana Legalization Efforts!

    Support Medical Marijuana Now!

    “[A] federal policy that prohibits physicians from alleviating suffering by prescribing marijuana for seriously ill patients is misguided, heavy-handed, and inhumane.” — Dr. Jerome Kassirer, “Federal Foolishness and Marijuana,” editorial, New England Journal of Medicine, January 30, 1997

    “[The AAFP accepts the use of medical marijuana] under medical supervision and control for specific medical indications.” — American Academy of Family Physicians, 1989, reaffirmed in 2001

    “[We] recommend … allow[ing] [marijuana] prescription where medically appropriate.” — National Association for Public Health Policy, November 15, 1998

    “Therefore be it resolved that the American Nurses Association will: — Support the right of patients to have safe access to therapeutic marijuana/cannabis under appropriate prescriber supervision.” — American Nurses Association, resolution, 2003

    “The National Nurses Society on Addictions urges the federal government to remove marijuana from the Schedule I category immediately, and make it available for physicians to prescribe. NNSA urges the American Nurses’ Association and other health care professional organizations to support patient access to this medicine.” — National Nurses Society on Addictions, May 1, 1995

    “[M]arijuana has an extremely wide acute margin of safety for use under medical supervision and cannot cause lethal reactions … [G]reater harm is caused by the legal consequences of its prohibition than possible risks of medicinal use.” — American Public Health Association, Resolution #9513, “Access to Therapeutic Marijuana/Cannabis,” 1995

    “When appropriately prescribed and monitored, marijuana/cannabis can provide immeasurable benefits for the health and well-being of our patients … We support state and federal legislation not only to remove criminal penalties associated with medical marijuana, but further to exclude marijuana/cannabis from classification as a Schedule I drug.” — American Academy of HIV Medicine, letter to New York Assemblyman Richard Gottfried, November 11, 2003

  • 07/10/2017 at 12:57 pm

    There is absolutely no denying that the vast majority of Americans support providing full, safe, legal access to Medical Marijauana Nationwide.

    Pennsylvania: Franklin & Marshall College
    A record number of Pennsylvania voters, 84 percent, favor legalizing medical marijuana for adults if a doctor recommends it.

    Harris Poll
    Eighty-one percent of respondents, including super-majorities ofDemocrats, Republicans, and Independents, expressed support forlegalizing marijuana for medical treatment.

    Virginia: Quinnipiac University Poll
    Fifty-four percent of voters support “allowing adults to legally
    possess small amounts of marijuana for personal use.” Nearly nine out of ten Virginians support legalizing the use of cannabis for medicinal purposes.

    Florida, Ohio, Pennsylvania: Quinnipiac University Poll
    Voters in three critical swing states support legalization and
    super-majorities in all three states endorse allowing doctors to
    recommend cannabis therapy.

    Pennsylvania: Robert Morris University
    The survey showed 67.5 percent of Pennsylvanians are in favor of legalizing medical marijuana.

    Iowa: Des Moines Register Poll
    Seventy percent of Iowa adults say they favor legalizing marijuana for medical uses.

    North Carolina: Public Policy Polling
    Nearly seven out of ten North Carolinians support a doctor’s right to prescribe marijuana to patients in need.

    Third Way
    Fifty percent support legalizing recreational marijuana for use by adults; 78% are in favor of allowing individuals to use marijuana for medical purposes if a doctor recommends it.

    Florida: Gravis Marketing Poll
    More than 60 percent of Florida voters say that they support Amendment 2, a proposed constitutional amendment to permit cannabis therapy to qualified patients.

    Florida: Quinnipiac University Poll
    Fifty-five percent of voters support allowing adults in Florida to legally possess small amounts of marijuana for personal use.

    Connecticut: Quinnipiac University Poll
    Nine out of ten Connecticut voters support legalizing the use of cannabis for medicinal purposes, and a majority support allowing adults to possess the plant for any purpose.

    Minnesota: KSTP/SurveyUSA Poll
    Sixty-eight percent of Minnesotans believe marijuana should be legal for medical purposes.

    WebMD Survey of Doctors
    A majority of doctors say that medical marijuana should be legalized nationally and that it can deliver real benefits to patients.

    Virginia: Quinnipiac University
    Virginia Voters Back Medical Marijuana with 84% support.

    Iowa: Quinnipiac University Poll
    Iowans overwhelmingly support allowing doctors to prescribe marijuana for medical use.

    Maryland: Goucher Poll
    Ninety percent of Marylanders support the use of marijuana for medical purposes, if prescribed by a doctor.

    Pennsylvania: Mercyhurst Center for Applied Politics Poll
    A strong majority (85%) of Pennsylvania voters say that patients should be allowed to use marijuana when prescribed by a doctor.

    Ohio: Quinnipiac University Poll
    Eighty-seven percent of Ohio voters support the use of medical marijuana.

    New York: Quinnipiac University Poll
    Voters in New York support the legalization of marijuana for both medical (88%) and personal (57%) use.

    North Carolina: Public Policy Polling
    A recent Public Policy Polling survey found 63 percent of North Carolina voters believe doctors should have the right to prescribe marijuana for medical use.

    Florida: Quinnipiac University Poll
    Eighty-two percent of Florida voters support the medicinal use of marijuana.

    Oklahoma: SoonerPoll
    Seventy-one percent support allowing seriously ill patients to possess marijuana for medical purposes with a physician’s recommendation.

    Fox News Poll
    Eighty-five percent of voters favor medical marijuana.

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