Lawyer John Morgan filed the lawsuit Thursday, saying smoking marijuana is the best way to administer it to some patients.
Morgan led the ballot effort that put medical use of marijuana in the state constitution with 71 percent voter approval. He said the language in the constitution said marijuana can’t be smoked in public, which implies that it should be allowed in private.
But the law signed by Republican Gov. Rick Scott last month bans smokable forms of marijuana. Lawmakers who supported the ban argued smoking marijuana isn’t healthy.
Morgan has taken his cause to social media, where he is using the hashtag #NoSmokeIsAJoke.