Medical Marijuana "Smoking Ban" Lawsuit Heard In Tallahassee
Florida Medical Marijuana patients have been furious with state lawmakers over the "smoking ban" they enacted last year. The ban doesn't allow for marijuana to be smoked in its natural, flower form.
Longtime marijuana supporter and Orlando based attorney John Morgan filed a lawsuit against the state of Florida, stating that this "smoking ban" is unlawful and doesn't go along with the spirit, or text of Amendment 2.
Morgan represents Cathy Jordan and her husband Bob who have been involved in a half-decade fight with lawmakers over Cathy being able to take cannabis for her Lou Gerigs Deseis. Cathy says that medical marijuana is the only thing that helps her symptoms and she should know, having tried every single medicine on the market for the past 30 years.
Now Leon County Circut Judge Karen Gievers heard opening arguments in January 2018. They were focused on the state's request to dismiss Morgans lawsuit. The state argued that the "smoking ban" was well within state lawmakers acceptable duty, saying they had to come up with a way for patients to access cannabis as medicine without a large public safety risk. They told the judge that smoking anything is harmful to a person's health and therefore should not be allowed.
Morgan quickly fired back by explaining that smoking in public places could be looked at as a public safety hazard, but in the privacy of your own home, you should be able to ingest cannabis the most natural way.
Morgan also brought to Judge Gievers attention the fact that Cathy has issues with the vapor currently allowed by state law and that she simply cannot inhale it.
The vape oil has been recognized by some patients as being harsh and if you cant get the medicine into your body quickly, it doesn't help the fast onset of symptoms.
Furthermore, Morgan states that it is simply unconstitutional to take away the right of a patient to treat an illness with the support of a doctor. Telling someone they cant take a drug a certain way just makes no sense at all.
Patients statewide were literally in shock when the smoking ban was first enacted since no other state currently legal for medical marijuana has such a ban!
The people want to be heard and after the day's arguments, Judge Gievers denied the states motion to dismiss Morgans case, saying there is plenty of evidence that this case should be heard and weighed in on. She also stated that she would be sure to make a fast ruling in the case.
More is scheduled for February 2018