Lawyer Challenges Florida’s Ban on Smokable Cannabis
Florida’s medical cannabis victory has been bittersweet for those who expected to see medical cannabis in its smokable form. On July 6, attorney John Morgan filed a lawsuit in the Leon County Circuit Court against Florida’s decision to ban cannabis in its smokable form.
John Morgan led the campaign to legalize medical cannabis in Florida. He didn’t expect a curveball, however, when Florida lawmakers banned the smokable form of cannabis. In Florida, only edibles and vaping products are allowed. “Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol [THC], and other cannabinoids, to the bloodstream,” wrote Morgan in the lawsuit. “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.”
Over 71 percent of Florida voters approved medical cannabis in 2016, making it the highest percentage of support for medical cannabis in any state. But many Floridians feel duped after lawmakers took away their right to smoke cannabis.
Morgan argued that the will of the people, who obviously wanted to see cannabis in its most popular form, is being ignored by lawmakers. The hashtag #NoSmokeIsAJoke is circulating the internet as Florida residents continue to react to the smoking ban. Morgan continued to say that if Florida lawmakers were truly concerned about smoking’s impact on public health, they would have taxed tobacco products “to the hilt.”
In 2012, a study in the Journal of the American Medical Association found that smoking cannabis does not impair lung function, and could increase lung capacity in some circumstances. Also cannabis burns at a much lower temperature than tobacco. Cannabis burns at about 350° F and becomes active at only 200° F, but tobacco burns at about 580° F, making it safer to smoke than tobacco.
