By: Lanetra Bennett | WCTV Eyewitness News

July 6, 2017

TALLAHASSEE, Fla. (WCTV) -- The attorney who led the ballot initiative for medical marijuana is now suing the State of Florida.

The medical marijuana law passed in Florida with 71 percent voter approval. However, the law allows medical patients to use marijuana in forms such as vapor, but it does not allow them to smoke it.

Attorney John Morgan says there are thousands of patients where smoking marijuana is the only or best way to take it.

Tallahassee resident Rosalyn Deckerhoff's son, who has epilepsy and autism, has been taking medical marijuana for his seizures since last September.

"We definitely feel like it's been helpful," she said.

Deckerhoff says medical marijuana has decreased the frequency and severity of her son's seizures. He takes the substance in oil form.

"You put the oil into capsules, and then we put it in applesauce and he just takes it down, he swallows it," she explains.

Deckerhoff supports Morgan's efforts to allow patients to smoke medical marijuana. She says what form it's taken and the dosage should be left to doctors.

"As with really any other treatment of any other disease and any other medication, we don't have politicians saying we can take only so much of our high blood pressure medication or in what type of form." Deckerhoff said.

Morgan responded to the argument that smoking medical marijuana leads to recreational use. "This is not about a healthy person buying marijuana and smoking it. People that we lay out very specifically in the bill are people who have things like ALS, AIDS, cancer, multiple sclerosis; it goes on and on and on."

Morgan says whether using oil, vaporizing it, or smoking it, shouldn't matter. "If this works best for you and you are on your death bed, or you are on your bed with debilitating pain, who really cares?" he said.

The medical marijuana law specifically says marijuana can't be smoked in public. Morgan says that should automatically imply that patients can smoke it privately at home.

He said, "I don't think anyone doesn't understand that if smoking is prohibited in public, what does that mean. I don't think anybody, whether it's a first grader or circuit judge, is not going to understand that."

Morgan filed the lawsuit electronically Thursday morning.

By: Associated Press

July 6, 2017

TALLAHASSEE, Fla. (AP) -- Florida is being sued because its new medical marijuana law doesn't allow patients to smoke the plant.

Lawyer John Morgan filed the lawsuit Thursday, saying smoking marijuana is the best way to administer it to some patients.

Morgan led the ballot effort that put medical use of marijuana in the state constitution with 71 percent voter approval. He said the language in the constitution said marijuana can't be smoked in public, which implies that it should be allowed in private.

But the law signed by Republican Gov. Rick Scott last month bans smokable forms of marijuana. Lawmakers who supported the ban argued smoking marijuana isn't healthy.

Morgan has taken his cause to social media, where he is using the hashtag #NoSmokeIsAJoke.