WINTER PARK, Fla. -

The issue of medical marijuana hasn't been discussed at a public City Commission meeting yet, but the city of Winter Park is taking matters into their own hands asking an attorney to start drafting up an ordinance to control the issue.

"Smoking is not prohibited but it is discouraged," said Winter Park spokesperson Clarissa Ward, and the same will be for medical marijuana if polls show it is expected to be legalized statewide after the November election.

But, there are legal issues around if you can prohibit where someone lights a legal joint.

Attorney Clifford Sheppard, already has Maitland's ordinance on paper and says due to the Clean Indoor Air Act stating tabacco smoke can't be regulated on a municipal level- the same may be applied to marijuana in the future.

Sheppard says the state amendment will set the direction for most municipalities and state how medical marijuana can be consumed possibly through a tablet or oil.

Maitland's ordinance will go before the Planning and Zoning Commission next week.

Winter Park will send their draft to the Planning and Zoning Commission on Sept. 2.