This Tuesday marked the deadline for opting out of the Mississippi Medical Cannabis Act, resulting in at least 44 counties and municipalities choosing not to permit the medical marijuana industry in their jurisdictions. The Sun Herald confirmed that 28 cities and 16 counties have made the decision to opt out, including George and Pearl River counties in South Mississippi, as well as D’Iberville, Pass Christian, Picayune, and Lucedale. Notably, Pass Christian was the first city on the Coast to opt out during its March 1 meeting, while D’Iberville voted unanimously to opt out in its recent meeting.
Implications of Opting Out
Entities that missed the 90-day deadline can no longer opt out. However, those that have chosen to opt out may later opt back in through another vote or an election. For instance, Iuka and Philadelphia initially opted out but later decided to opt back in after further discussion and research.
An election to opt back in would require a petition signed by at least 1,500 voters or 20% of the electorate, whichever is lower. Petitions are already circulating in various parts of the state, and the election must occur after three weeks of public notice but no more than 60 days following the petition’s submission. The Medical Cannabis Act even specifies the required wording for the ballot. If the law does not pass in the vote, a new petition and election process can be initiated after two years.
What Does Opting Out Prohibit?
Residents in areas that opted out may need to travel further for prescriptions, but their right to use or possess prescribed amounts of cannabis remains unaffected. Practitioners can still register to participate in the program, irrespective of their location. Registered practitioners are responsible for treating eligible patients, certifying their qualifications for treatment, and prescribing medical marijuana accordingly.
According to the act, municipal governing authorities could opt out of cultivation, processing, sale, or distribution of medical cannabis products. Most municipalities that opted out chose to exclude all four categories. Boards of supervisors are also empowered to opt out for unincorporated areas within their counties.
Counties and Municipalities Opting Out
Here is a list of municipalities that opted out:
- Amory
- Belmont
- Booneville
- Brandon
- Caledonia
- Carrollton
- Clinton
- D’Iberville
- Ecru
- Flora
- Flowood (opted in for research)
- Gluckstadt
- Greenwood
- Horn Lake
- Kilmichael
- Lucedale
- Madison
- New Albany
- North Carrollton (opted in for dispensaries, out for cultivation)
- Noxapater
- Pass Christian
- Picayune
- Poplarville
- Pontotoc
- Ridgeland
- Southaven
- Sumrall
- Tishomingo
- Vaiden
- Winona (opted in for dispensaries, out for processing and cultivation)
Counties that opted out include:
- Calhoun
- Carroll
- Choctaw
- George
- Jones (opted in for cultivation, out for processing and dispensaries)
- Lauderdale
- Leflore
- Lincoln
- Madison (out for dispensaries, in for cultivation, processing, and distribution)
- Montgomery (out for dispensaries, in for processing and cultivation)
- Newton
- Neshoba
- Pearl River
- Pontotoc
- Tippah
- Union
Coast Counties and Cities Opting In
On the Gulf Coast, several counties and cities have opted in to allow for the medical marijuana industry:
- Bay St. Louis
- Waveland
- Long Beach
- Gulfport
- Biloxi
- Ocean Springs
- Pascagoula
- Moss Point
