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May 16, 2018, 10:55 PM ET John Morgan, who helped get Florida’s medical marijuana amendment on the ballot and passed in 2016, takes questions before a trial on whether the ban on smoking cannabis is allowed under the state constitution on Wednesday, May 16, 2018, in Tallahassee, Fla. (AP Photo/Joe Reedy) Add Marijuana as an interest to stay up to date on the latest Marijuana news, video, and analysis from ABC News. A Florida judge will soon decide if patients approved to use medical marijuana will be allowed to smoke it. Leon County circuit court Judge Karen Gievers heard testimony Wednesday from two women with terminal illnesses challenging the state's ban on smoking cannabis. Voters approved a constitutional amendment in 2016 allowing the use of medical marijuana. The only mention of smoking in the amendment's language and in an intent document during the 2016 campaign was that the Legislature and local governments could restrict it in public places. "I don't think you need to be too much of a legal scholar to understand it means it is allowed in other places," said John Morgan, who led the effort to get the constitutional amendment passed. The Legislature last year passed enacting laws that banned the sale of smoking products, saying that poses a health risk. The laws, which were signed by Florida Gov. Rick Scott in June, state that patients can use cannabis through vaping and in food, oils, sprays and tinctures. Jon Mills, who represented the plaintiffs, said in closing arguments that the intent document clearly laid out that private use was not illegal.
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