FLORIDA -- A judge will decide whether Floridians can legally smoke medical marijuana.

  • Patients want to use medical marijuana to alleviate chronic pain
  • State says lawmakers have right to ban smoking

Orlando attorney John Morgan is suing the state, hoping to overturn a law passed by state lawmakers that prohibits smoking cannabis.

Many patients say that is the only way they can alleviate their chronic pain.

"If I was Pam Bondi or I was Rick Scott, I'd take a look at this video of this woman today and I'd say, 'Enough is enough. Let's stop the politics and let these people live,'" said John Morgan.

Lawyers for the state argue that lawmakers have every right to ban smoking.

The judge's decision will apply to all medical marijuana patients in the state.

If Morgan wins his case, the state Department of Health would need to write up the new rules.