Leon County Circuit Court Judge Karen Gievers ruled in favor of People United for Medical Marijuana and two patients challenging the ban. John Morgan, who led the push to get medical marijuana legalized in Florida, was among the plaintiffs. Voters approved a constitutional amendment in 2016 allowing the use of medical marijuana through vaping and in food, oils, sprays and tinctures. Judge Says Florida’s Ban on Smokable Medical Marijuana Is UnconstitutionalJohn 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)TALLAHASSEE, Fla. (AP) — A Florida judge has ruled that the state’s ban on smokable medical marijuana is unconstitutional. The plaintiffs argued that because the amendment’s language only mentions smoking in public, users should be allowed to smoke in private.