John Morgan helped bankroll Amendment 2 — the state's medical marijuana bill that passed overwhelmingly by Florida voters back in November.

  • Attorney John Morgan files lawsuit against the state
  • Medical marijuana law bans smoking
  • Morgan says it counters what voters OK'd in Amendment 2

Gov. Rick Scott signed the bill into law June 23, but Morgan is now heading to court.

The Orlando power lawyer is suing the state as he seeks to strike down the medical marijuana smoking ban passed last month by Republican leaders in Tallahassee.

Morgan, who has turned #NoSmokeIsAJoke into an online hashtag, is arguing that Republican lawmakers are disrespecting the will of the voters.

At a news conference in Tallahassee, Morgan took aim at Rep. Ray Rodrigues, who took a leading role in drafting the smoking ban within the law.

"For Ray Rodrigues to say he's concerned about a cancer patient smoking a few hits of marijuana so that they can kill the nausea is ridiculous," Morgan said. "If Ray Rodrigues is so concerned about smoking, then why doesn't he tax cigarettes at $5 a pack?"

"Do we give a rat's a** if a person who died from ALS smokes instead of vapes?" he said. "I don't, and I trust the doctors to figure out what's best for that client, best for that patient, not Ray Rodrigues."

The ban's supporters are returning fire, though. They said there's no way to accurately measure dosages by smoking medical marijuana. Supporters also point out there are plenty of ways to consume it legally, including vaping and eating the marijuana.

"What I have tried to do is make sure we do this in a way that honors the letter of the amendment, the spirit of the amendment," Rodrigues said. "But also exists within the confines of federal law, which is a paradox because this is a Schedule 1 substance that is illegal."

Morgan predicts Rodrigues' argument will fail in court, and when it does, the very thing Republicans say they're trying to prevent, could come to pass.

"They have kicked the door wide open for recreational marijuana use in Florida," Morgan said.

Morgan said patients with chronic conditions will be joining his suit.