Miami Herald, July 6, 2017
Mary Ellen Klas

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TALLAHASSEE -- Arguing that Florida legislators violated voters’ intent when they prohibited smoking for the medical use of marijuana, the author of the state’s medical marijuana amendment sued the state Thursday to throw out the implementing law.

John Morgan, the Orlando trial lawyer who spearheaded and financed the successful campaign to make medical access to cannabis a constitutional right, filed the lawsuit in Leon County Circuit Court on Thursday morning, asking the court to declare the law implementing the 2016 constitutional amendment unenforceable.

“Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol [THC], and other cannabinoids, to the bloodstream,” wrote Morgan and his lead lawyer, Jon Mills, a constitutional lawyer and former Democratic House speaker, on behalf of Florida for Care Inc., the non-profit formed to promote the initiative.

“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,” the lawsuit states.

More than 71 percent of Florida voters approved the amendment in November 2016, the largest percentage of support a medical marijuana initiative has received by popular vote, Morgan said.

The amendment allowed the Legislature to address smoking — but only by prohibiting it in public places, he said, anything more violates the intent of the Constitution. [...]

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