According to the lawsuit, by passing a law banning smoking of marijuana by patients, the state legislature violated the amendment's definition of "medical use" because lawmakers were making medical decisions on behalf of patients instead of their doctor doing so.
"Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream", the lawsuit states.
John Morgan made promises to both the citizens of Florida, as well as legislators in Tallahassee, that he would sue the state for a revamped and trimmed up cannabis bill that hit the floor during a special legislative session in June.
Morgan, who is the chairman of People United for Medical Marijuana, was a major proponent of the amendment.
Amendment 2, which passed with 71 percent of the vote last November, prohibits the smoking of medical marijuana in public places.
But now Morgan says that the Florida legislature has ignored the original goal of the amendment in favor of money and donors.
"I told Richard Corcoran is the worst thing you could do to boost me is to limit smoke, " he said. "It doesn't take a genius to figure out if smoking isn't allowed in public, it must be allowed in private". "The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers".
Morgan, who has recently been seen discussing marijuana issues with the political strategist Roger Stone, brushes off the rumors that his interest in Florida's medical marijuana legislation is exclusively a political stump for a future run at governor.
"I think about it all the time and people come up to me all the time and you know, I know this, I know that there is nobody in Florida that would fight for the forgotten and the powerless like me", said Morgan. "It's a bunch of people who don't understand what they don't understand".
"I have learned a great deal about the miracles of marijuana over the last five years", he wrote in an email to the Herald. Prescription opioids cause thousands of deaths every year but in states that have legalized medical marijuana, opioid related hospital visits are down by 23 percent. "The fact that we are here today is really unnecessary, but here we go". Mills is a constitutional attorney and a former Democratic House speaker.
The ballot summary for Amendment 2 approved by the voters of the State of Florida was clear and concise: "Medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician".