Attorney John Morgan challenges Gov. Rick Scott on marijuana smoking ban

TAMPA (FOX 13) - High profile attorney John Morgan is throwing down the gauntlet against Governor Rick Scott.

He wants the state to end its appeal and allow people to smoke medical cannabis.

Last week, a judge ruled the state's ban on smoking medical marijuana is unconstitutional.

John Morgan had a large role to play in bringing medical marijuana to Florida. He and many advocates say the vote was for medical marijuana in all forms, and that includes smoking.

They believe the state is working against the people.

Moriah Barnhart also fought to change attitudes and bring medical marijuana to Florida. Her daughter was diagnosed with brain cancer at two years old.

“I would never have pursued this so heavily had my daughter not benefited so greatly,” Barnhart said.

In 2016, thanks to an organized effort and funding from attorney John Morgan, 72 percent of Florida voters said 'yes' to medical marijuana.

“When people voted for this they believed they were voting for all forms of the cannabis plant, this being the most natural,” Barnhart said.

After the vote, however, lawmakers said smokable medical marijuana was off-limits, but on Friday a judge ruled the state's ban on smokable cannabis was unconstitutional. 

The Florida Department of Health is appealing that ruling, which means the rules are still in flux. John Morgan is not happy about it.

"The most effective delivery system is smoke," Morgan said. “The person who has the power with this appeal is Governor Rick Scott."

Carlos Hermida runs a CBD dispensary in Ybor City and is involved with NORML a pro-legalization group. He also opposes the appeal.

“Sometimes in this movement, we take two steps forward for the patients and lawmakers take us two steps back,” he said.

FOX 13 reached out to the governor’s office for comment, but there has been no response.