• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
MENUMENU
MENUMENU
  • Home
  • About
    • Contact Us
    • FlaglerLive Board of Directors
    • Comment Policy
    • Mission Statement
    • Our Values
    • Privacy Policy
  • Live Calendar
  • Submit Obituary
  • Submit an Event
  • Support FlaglerLive
  • Advertise on FlaglerLive (386) 503-3808
  • Search Results

FlaglerLive

No Bull, no Fluff, No Smudges

MENUMENU
  • Flagler
    • Flagler County Commission
    • Beverly Beach
    • Economic Development Council
    • Flagler History
    • Mondex/Daytona North
    • The Hammock
    • Tourist Development Council
  • Palm Coast
    • Palm Coast City Council
    • Palm Coast Crime
  • Bunnell
    • Bunnell City Commission
    • Bunnell Crime
  • Flagler Beach
    • Flagler Beach City Commission
    • Flagler Beach Crime
  • Cops/Courts
    • Circuit & County Court
    • Florida Supreme Court
    • Federal Courts
    • Flagler 911
    • Fire House
    • Flagler County Sheriff
    • Flagler Jail Bookings
    • Traffic Accidents
  • Rights & Liberties
    • Fourth Amendment
    • First Amendment
    • Privacy
    • Second Amendment
    • Seventh Amendment
    • Sixth Amendment
    • Sunshine Law
    • Third Amendment
    • Religion & Beliefs
    • Human Rights
    • Immigration
    • Labor Rights
    • 14th Amendment
    • Civil Rights
  • Schools
    • Adult Education
    • Belle Terre Elementary
    • Buddy Taylor Middle
    • Bunnell Elementary
    • Charter Schools
    • Daytona State College
    • Flagler County School Board
    • Flagler Palm Coast High School
    • Higher Education
    • Imagine School
    • Indian Trails Middle
    • Matanzas High School
    • Old Kings Elementary
    • Rymfire Elementary
    • Stetson University
    • Wadsworth Elementary
    • University of Florida/Florida State
  • Economy
    • Jobs & Unemployment
    • Business & Economy
    • Development & Sprawl
    • Leisure & Tourism
    • Local Business
    • Local Media
    • Real Estate & Development
    • Taxes
  • Commentary
    • The Conversation
    • Pierre Tristam
    • Diane Roberts
    • Guest Columns
    • Byblos
    • Editor's Blog
  • Culture
    • African American Cultural Society
    • Arts in Palm Coast & Flagler
    • Books
    • City Repertory Theatre
    • Flagler Auditorium
    • Flagler Playhouse
    • Flagler Youth Orchestra
    • Jacksonville Symphony Orchestra
    • Palm Coast Arts Foundation
    • Special Events
  • Elections 2024
    • Amendments and Referendums
    • Presidential Election
    • Campaign Finance
    • City Elections
    • Congressional
    • Constitutionals
    • Courts
    • Governor
    • Polls
    • Voting Rights
  • Florida
    • Federal Politics
    • Florida History
    • Florida Legislature
    • Florida Legislature
    • Ron DeSantis
  • Health & Society
    • Flagler County Health Department
    • Ask the Doctor Column
    • Health Care
    • Health Care Business
    • Covid-19
    • Children and Families
    • Medicaid and Medicare
    • Mental Health
    • Poverty
    • Violence
  • All Else
    • Daily Briefing
    • Americana
    • Obituaries
    • News Briefs
    • Weather and Climate
    • Wildlife

Why The Obsession Against Smokable Medical Pot? John Morgan Wants To Know.

July 7, 2017 | FlaglerLive | 29 Comments

The Florida Legislature and the state Department of Health have unilaterally interpreted an amendment legalizing medical marijuana in such a way as to prohibit smokable pot. (Cool Revolution)
The Florida Legislature and the state Department of Health have unilaterally interpreted an amendment legalizing medical marijuana in such a way as to prohibit smokable pot. (Cool Revolution)

Saying Floridians knew what they were voting on in November, Orlando trial lawyer John Morgan on Thursday followed through on threats to sue the state over a smoking ban included in a new law carrying out a constitutional amendment that broadly legalized medical marijuana.


Morgan, who largely bankrolled the medical-marijuana ballot initiative, had repeatedly threatened to launch a legal challenge over smoking, which he maintains was permitted in the amendment supported by more than 71 percent of Florida voters last fall.

Even so, lawmakers banned smoking of marijuana — but allowed patients to vaporize, or “vape,” pot products — in a bill approved during a special session last month. Gov. Rick Scott signed the bill, which went into effect last week.

“The people of Florida knew exactly what they were voting on, when they voted. When they were voting on it, the vast majority, if not 100 percent, knew that smoke was included. The fact that we are here today is really unnecessary, but here we go,” Morgan told reporters Thursday morning outside the Leon County Courthouse.

In the lawsuit filed in Leon County circuit court, Morgan accused a number of state officials, including Department of Health Secretary Celeste Philip, of “deprivation of rights and privileges” by prohibiting patients eligible for the treatment from smoking marijuana products.

Morgan said he intends to add as plaintiffs to the lawsuit patients who smoke marijuana as a treatment for their illnesses. Some patients insist that smoking marijuana, rather than ingesting pot by other methods, alone provides relief for their conditions.

In defending the ban on smoking pot products, legislative leaders maintained that, as is the case of cigarettes, smoking marijuana is bad for patients’ health, and that medicinal dosages can’t be controlled when the product is smoked.

But Morgan, in the lawsuit, argued there is no research indicating that smoking marijuana contributes to lung illnesses.

“In fact, marijuana was shown to increase lung capacity,” Morgan argued.

By banning smoking, Florida lawmakers put themselves in the place of doctors, who, under the amendment, are responsible for deciding patients’ course of treatment, Morgan maintained in the lawsuit.

Click On:


  • Medical Pot Deal Collapses Over Dispensaries, Leaving Framework in Strict Regulators’ Hands
  • House Approves Medical Pot Measure That Would Allow Unlimited Number of Retailers
  • Three Ways Forward on Enacting Florida Voters’ Medical Marijuana Mandate
  • Local Governments Nursing Headaches Over Legalized Pot as Health Department Holds Hearing Across Florida
  • Attention Florida Patients: You May Start Buying Your Pot Treatment in 90 Days
  • Pot Amendment Goes Into Effect Amid Mass Confusion and “Dangerous Legal Area”
  • Palm Coast Council Talks As If It Wants To Be Pioneer in Medical Pot, But Post-Moratorium
  • Flagler County Approves 6-Month Moratorium on Medical Pot Dispensaries or Facilities
  • Amendment 2: Medical Marijuana Through the Eyes and Suffering of Those Who Need It Most
  • Pot Amendment’s Passage Creates a Green Rush in Nation’s 2nd Largest Marijuana Market
  • Medical Marijuana Cruises to Reality in Florida With Healthy 71% Majority
  • The Reek of Hypocrisy Behind Federal Marijuana Laws
  • Cashing In on Pot: How Business Is Getting High on Marijuana’s Potential
  • Palm Coast Council Looks to Regulate Potential Medical Pot, But in a Cloud of Misinformation
  • Pam Bondi’s Pot Problem
  • Marijuana Use Barely Up, Synthetic Drug Use Sharply Down, Along With Other Narcotics
  • Medical Marijuana Archives
  • People United for Medical Marijuana
  • Drug Policy Alliance Website

The constitutional amendment bans smoking of marijuana in public places — language Morgan insists permits smoking on private property.

The sharp-tongued Morgan, who regularly uses expletives when speaking with reporters, said the interpretation of the law “is as clear … as it would be to any first-grader.”

He compared the language in the amendment to rules regarding the use of hotel swimming pools, where signs that prohibit pool use at certain times mean that swimming is permitted during the hours in which the activity isn’t banned.

But House Majority Leader Ray Rodrigues, an Estero Republican who sponsored the legislation and insisted on the smoking ban, defended lawmakers’ actions, saying he was certain courts would uphold the law.

Rodrigues said other states that permit smoking of medical marijuana made it clear in the proposals that went before voters.

“If you look at those other states, their constitutional amendments declared that it could be smoked and that it could be self-grown. If that’s what John Morgan wanted for Florida, he should have declared it in the amendment,” Rodrigues told The News Service of Florida on Thursday.

Florida law-enforcement officials, including sheriffs and police chiefs, encouraged the ban on smoking, saying an outright ban on “whole flower,” or what is more commonly known as “bud,” would make it easier to identify people who are breaking the law.

The issue is also rooted in a debate about whether smoking opens the door for recreational marijuana users, something Morgan rejected Thursday.

He accused Florida lawmakers of laying the groundwork for a recreational marijuana initiative in the near future. He said such an initiative would be pushed by advocates unhappy with the way the medical marijuana amendment was implemented, as has happened in some other states.

“They (the Legislature) have kicked the door wide open for recreational use of marijuana,” Morgan said. “They thought that this was their way of stopping people from backdooring the recreational use of marijuana. All they did, in the process, was to hurt the patients who need it the most.”

But Rodrigues said he “absolutely” disagreed with Morgan’s assessment.

States that have authorized recreational marijuana have three things in common, according to Rodrigues: smoking, self-growth and a large gray market for marijuana.

“We have implemented a system that does none of those things,” he said.

–Dara Kam, News Service of Florida

Support FlaglerLive's End of Year Fundraiser
Thank you readers for getting us to--and past--our year-end fund-raising goal yet again. It’s a bracing way to mark our 15th year at FlaglerLive. Our donors are just a fraction of the 25,000 readers who seek us out for the best-reported, most timely, trustworthy, and independent local news site anywhere, without paywall. FlaglerLive is free. Fighting misinformation and keeping democracy in the sunshine 365/7/24 isn’t free. Take a brief moment, become a champion of fearless, enlightening journalism. Any amount helps. We’re a 501(c)(3) non-profit news organization. Donations are tax deductible.  
You may donate openly or anonymously.
We like Zeffy (no fees), but if you prefer to use PayPal, click here.

Reader Interactions

Comments

  1. South Florida says

    July 7, 2017 at 1:37 pm

    Its better than taking pills,

  2. Mr.G says

    July 7, 2017 at 2:26 pm

    MORE GOVT INTERFERENCE WITH WHAT THE PEOPLE WANT ..FLORIDA IS WAY BEHIND AS ALWAYS..

  3. Wishful Thinking says

    July 7, 2017 at 2:34 pm

    God invented pot, along with many other herbs, vegetables, fruits, animals, fish, etc that sustain human life. . If you believe in God it’s time to believe in pot. It is not addictive, it is not deadly, you cannot OD on it… What more do our aw makers need to know?
    Cigarettes, Booze and addictive deadly pills were not invented by God and unlike pot, they destroy untold thousands of lives every day. In high school we used to joke that that the only classes taught in Florida colleges and universities were ‘underwater basket weaving’…. Now it’s behind the doors fairy tale weaving….

  4. sadness says

    July 7, 2017 at 5:12 pm

    alchohol is the number one killer for families car accidents and death by far and like ted turner said from the perspective of him being in the 1 percent of wealthy of wealthiest in the world we are all useless eaters and earth is only sustainable for 500,000 people green bud cures and heals so its outlawed wake up sheeple

  5. Coyote says

    July 7, 2017 at 9:25 pm

    Shoot, I’ve only lived in Florida for 13 years (this time), but it only took less than a year to recognize that the Florida Legislature is the ‘schoolyard bully’ in this state. Whenever the People (you know, their employers?) do something the legislature doesn’t like, they will spend inordinate amounts of time and (your) money fighting it in little, seemingly-insignificant ways, and finding implausible interpretations of the wordings of documents/amendments, etc. until they manage to corrupt their citizen-mandated response into something they (the Legislature) like a little better.

    And, also, They (the Legislature) ALWAYS know better than the People what the people need ..

  6. Dave says

    July 8, 2017 at 3:22 am

    I love how cops are so fast to trample people’s rights in order to make there jobs easier No one with any bud is ever commiting a crime unless they are giving it to minors.

  7. D says

    July 9, 2017 at 11:53 am

    Ok then make smoking cigerettes illegal. Make them only vape. Yea…smh

  8. Carol Ogden says

    July 9, 2017 at 12:12 pm

    Corporate interests pretty much pay Florida legislators to ignore what people want in favor of corporate profits and executive bonuses. Remember the attempt to hijack the solar initiative too. My husband is a cancer patient who has purchased medical marijuana products that did not work as well (including adverse reaction side effect) as just smoking a bit. People and their medical advisors should be making these decisions. Not paid shills for the pharma industry.

  9. tulip says

    July 9, 2017 at 2:38 pm

    I did some reading on the subject of marijuana affecting the lungs. People who have any kind of lung issue at all can be seriously affected by the smoke. I read this in many different sites just to make sure it was correct. A study had been done and there was some evidence that it could increase your lung capacity a tiny bit, provided you had never been a cigarette smoker.

    Someone said that pot is not addictive. I know people who do smoke pot and they “need” it just the same as a cigarette smoker “needs” it. So I guess it is addictive in a way.

    I am IN FAVOR of medical marijuana with the euphoric component removed, but the smoking of full blown weed bothers me because we all know that people will smoke it around others and wherever they can, if they are told they can’t. If a person is confined to their home because of painful illnesses, or other medical issues, then maybe smoking it vs eating it would be ok for them because they aren’t amongst other people who could be harmed.

    People who have copd or any of its components can be very seriously compromised if around smoke of any kind. There are a lot of them around.

  10. Dave says

    July 9, 2017 at 5:12 pm

    Tulip you nor any doctor have the right to tell anyone what they can and can not do in order to make themselves more comfortable with there illness. You seem very worried about what others might do, to the point you have become comfortable telling them what is best for them. Also smoking in public places is and will always be illegal ,just like open container.

  11. RayD says

    July 9, 2017 at 5:12 pm

    I’d rather eat it anyway.

  12. Gkimp says

    July 9, 2017 at 5:17 pm

    It should be in pill or capsule form and should only be sold at a pharmacy!

  13. mark101 says

    July 9, 2017 at 5:39 pm

    If people smoke their pot in their homes, I’m fine with it, but like all things smoking, do it in allowed smoking areas.

  14. tulip says

    July 9, 2017 at 6:09 pm

    @ DAVE I do not go around telling people what is best for them. I only did that with my kids, for all the good it did me LOL.

    . I was merely pointing out a pitfall and that people should look into things before making a decision. Like cigarette or cigar smoking, marijuana smoke could hurt certain ones that have lung issues. That’s all I wanted to point out. I firmly believe a person in a lot of chronic pain should have as much relief as possible so they don’t suffer. Whatever type of relief they choose is totally up to them, but should ask their doctor which form is best for their particular illness.

  15. Chris Hoey says

    July 9, 2017 at 8:47 pm

    Given the proclivity of many to abuse prescription drugs, it would be better if there were a reliable test for DUI for Marijuana, to avoid a plethora of stoned drivers. (I know there too many out there now, legalizing it under the guise of medical use will increase its use exponentially. Testing methods are needed.)

  16. Chris says

    July 9, 2017 at 9:35 pm

    John Morgan for Governor!

  17. a tiny manatee says

    July 9, 2017 at 10:44 pm

    “we all know that people will smoke it around others and wherever they can”

    Then pass legislation that they can only do it in designated areas.

    Smoking cannabis allow it to act far more quickly and without ingestion. If you’re puking your guts up from chemo, you probably aren’t up for a) holding down anything and b) waiting 2 hours for relief. That’s orally ingested cannabis.

    The no smoking ban is a middle finger by the Florida legislature at the people.

  18. Constantly amazed says

    July 10, 2017 at 6:53 am

    There are so many questions that haven’t been asked or explained regarding medical marijuana.
    For instance :

    1. Will there be an age limit for use?
    2. What medical condition would qualify for use?
    3. Can any authorized “script” writter prescribe medical marijana?
    4. Would you be allowed to operate a vehicle or othe machinery while taken medical marijuana?
    5. Can one user give it to another?
    6. Are insurance companies going to pay for it like other prescription drugs?
    7. Can a user “stockpile” marijuana?
    8. Can it be smoked in a public place?
    9. Will the user have to carry a ” medical marijuana” ID card or medic alert braclets at all times?
    10. Etc.

    A lot of questions that still are not answered.

  19. George says

    July 10, 2017 at 7:14 am

    Look at states where it is already 100% legal. Has total anarchy erupted there? Nope, states can actually make billions of dollars in tax revenue and people are very happy. Have significantly more people been arrested because of a supposed correlation between marijuana and crime? Nope, crime rates actually dropped. Has anyone died because of it? Nope, no one has ever died from marijuana in the history of mankind, it’s simply not toxic.

    People love to hang onto “Reefer Madness.”

  20. mike says

    July 10, 2017 at 10:13 am

    What is Morgan’s obsession with smoikable pot ? I could care less which way it go’s

  21. MannyHM says

    July 10, 2017 at 10:26 am

    There are folks in pain who respond quite well to MJ. All they want is some relief.
    Imagine stopping the sale of Aleve, Tylenol, etc It’s cruel.

  22. Sherry says

    July 10, 2017 at 11:39 am

    I guarantee you that the massively profitable pharmaceutical companies are “lobbying” (AKA bribing) legislators like crazy to stop the approval of “medical pot”! They don’t want anything eating into their “PROFITS”! Politicians are only interested in lining their own pockets, instead of helping ease the suffering of those who voted them into office.

    Follow the Money! American Greed!!!

  23. Dave says

    July 10, 2017 at 2:34 pm

    Imagine they made it illegal to swallow pills, instead all pills must be taken anally. , this stuff is becoming comedic. Everyone should be allowed to grow there own marijuana at home. I know lung cancer patients who still smoke ciggerettes so how is that better then them smoking marijuana? So is it illegal to sell ciggerettes to a person with lung cancer? I mean really what are we even talking about here?!

  24. Joan says

    July 10, 2017 at 5:10 pm

    There are people moving away from states where marijuana has become legalized due to the fact they do not wish to smell pot every waking moment of the day. There are also concerns about rental properties now being used as grow houses, money that is supposedly going to school systems which see none of it, etc. I agree that it is necessary for medical purposes and have no problem with it in any form when used in a private home or on private property for medical purposes. I do not wish to feel run out of my state however if smoking becomes wide spread.

  25. Sherry says

    July 10, 2017 at 6:28 pm

    The FACTUAL numbers say that states who have legalized recreational pot actually have “open minded” people moving into them and they have experienced “increased” population. . . along with very low unemployment. . . read this article about Colorado:

    http://www.cnbc.com/2017/06/03/colorado-economy-low-unemployment-high-pot-sales.html

  26. Dave says

    July 11, 2017 at 12:25 am

    Smoking pot outside your home is illegal in California, and I’ve been told you rarely come acrossed it as a nuisance and if you do, you have every right to call the police. Let’s not make problems where there aren’t any. Also for as long as time, people have either moved towards or away from areas they like and dislike do to whatever reasons may occur.

  27. tulip says

    July 11, 2017 at 3:58 pm

    Do you want to fly in a plane when the pilot is on Marijauna?
    Do you want surgery by a doctor who is on it
    Do you want your son or daughter in a car driven by someone on pot
    Do you want a lawyer on pot when trying your case
    Do you want a school bus driver your child to school on the stuff
    How about a dentist drilling your cavity or doing a root canal while on pot?

    That’s what all these “open minded’ people are willing to put up with that believe in recreational weed. Medical is a whole different story though.

  28. Dave says

    July 11, 2017 at 6:53 pm

    @tulip
    Does your dentist drill your teeth while he is drunk?
    Does your Airline allow pilots to fly planes drunk?
    Do children often show up to school drunk?
    Does your lawyer show up to court drunk?
    Do you allow your children to drive with drunk drivers?

    I’m sure the answer is no, so what is your point exactly? Again people creating problems where there are none.

  29. Robin says

    July 14, 2017 at 1:15 am

    Just legalize it entirely and put an end to all this ridiculous hysterical hand wringing. Marijuana is a plant. People should be able to grow it, smoke it or eat it without being arrested. Maybe some day Florida will catch up with the 21st century, but probably not until 2100.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

  • Conner Bosch law attorneys lawyers offices palm coast flagler county
  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Primary Sidebar

  • grand living realty
  • politis matovina attorneys for justice personal injury law auto truck accidents

Recent Comments

  • Ed P on The Daily Cartoon and Live Briefing: Friday, May 9, 2025
  • Let’s go Xi on $2.8 Billion Tax Cut Deal Collapses as Senate President Calls It Unsustainable in Light of Coming Budget Shortfalls
  • Ed P on Tariffs, Trade Wars and the Great Depression’s Lessons
  • Critical Eye on Flagler Beach Mayor Patti King Questions Palm Coast Mayor Mike Norris’s ‘Authenticity’ on Beach Plan
  • c on The Daily Cartoon and Live Briefing: Saturday, May 10, 2025
  • Disappointed on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • Pogo on Tariffs, Trade Wars and the Great Depression’s Lessons
  • Jim on $2.8 Billion Tax Cut Deal Collapses as Senate President Calls It Unsustainable in Light of Coming Budget Shortfalls
  • Laurel on How Groupthink Creates Intolerance
  • Scientifically Speaking on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • Factory Boy on Without a Single Question, Bunnell Board Approves Rezoning of Nearly 1,900 Acres to Industrial, Outraging Residents
  • Laurel on Tariffs, Trade Wars and the Great Depression’s Lessons
  • Pogo on The Daily Cartoon and Live Briefing: Saturday, May 10, 2025
  • Denver Lunstroth on I Confess: I Like Palm Coast
  • Donald J Trump on Flagler Beach Will Consider Selling Ocean Palm Golf Club to Leaseholder, With Conditional Milestones
  • Spencer Ross on $2.8 Billion Tax Cut Deal Collapses as Senate President Calls It Unsustainable in Light of Coming Budget Shortfalls

Log in