Orlando attorney John Morgan is getting ready to sue the state after legislators failed to come up with regulations to allow patients to smoke medical marijuana.

Even though medical marijuana is legal, smoking it is not an option, at least for now.  Legislators passed a bill regulating medical marijuana last week, but it excludes smoking.

"I'm gonna sue the state, because in my amendment, it was mentioned four separate times that smoke would be allowed," Morgan said.

Not everyone agrees. 

"All the scientific literature out there indicates smoking does as much harm as it does benefits. We believe all the benefits of marijuana can be done with vaping without any of the physical harm," said Florida Rep. Ray Rodrigues, R-Fort Myers.

Morgan disputes that.

"They say this is for health reasons. Remember the people who are using medical marijuana for health reasons are sick and dying. The reason that's such 'B.S.'  And if they were really worried about the health from smoking, they would tax the fire out of cigarettes."

Morgan said smoking is the easiest way to take the medical marijuana, rather than using a vaping device or eating it.

"The difference is some people don't want to eat the marijuana. They don't want to take it as a brownie, they don't want to take it as a gummy bear. Some people don't want to vape."

Morgan said this isn't about partying.

"It's fighting for your life, fighting to maintain a pain, resistance. It's about living with pain and dying with dignity, it has nothing to do with partying."

The new medical marijuana rules go into effect in July.  Morgan said it's around the same time he plans to file his lawsuit.