In late 2020, Mississippi voters approved a significant ballot initiative aimed at establishing one of the most accessible medical marijuana markets in the nation. Initiative 65 proposed medical marijuana identification cards priced at no more than $50 for patients, ensured that taxes on medical marijuana would not exceed the state’s regular sales tax rate, and did not impose limits on the number of licensed medical marijuana businesses. This initiative received overwhelming support, securing over 68 percent of the vote. When faced with a competing amendment from the state legislature that included stricter limitations, 74 percent of voters chose Initiative 65.
The implementation of Mississippi’s medical marijuana market was scheduled for July 2021. However, following its passage, the mayor of Madison City filed a lawsuit to invalidate the initiative, ultimately succeeding in the Mississippi Supreme Court.
Mayor Mary Hawkins Butler’s argument was expansive, asserting that no initiative passed in Mississippi over the past two decades could be valid due to a state law that requires petitioners to gather a minimum percentage of signatures from each of the state’s former congressional districts to qualify for the ballot. Following reapportionment in 2000, Mississippi lost a congressional seat and now has only four districts, rendering compliance with those provisions impossible. Despite the secretary of state relying on an attorney general’s opinion that allowed for signature submissions based on the boundaries of the old districts, the state Supreme Court sided with Mayor Butler and opponents of the medical marijuana initiative, overturning the new law.
Debates on Limited Medical Marijuana Legislation
Since then, state lawmakers have considered proposals to create a more restricted medical marijuana market. During the 2021 legislative session, Republican State Senator Kevin Blackwell introduced Senate Bill 2765, similar to the competing initiative that Initiative 65 defeated in the 2020 ballot. Although the bill passed the State Senate, it stalled in the House last March. Compared to the widely supported Initiative 65, it included several notable drawbacks.
Senate Bill 2765 would have expired three years after its effective date, potentially leading to a sudden discontinuation of the state’s legal medical marijuana program. Additionally, it lacked deadlines for the adoption of critical rulemaking, which could have allowed the executive branch to delay implementation indefinitely. The bill would also have restricted patient eligibility by excluding individuals suffering from “chronic or debilitating pain,” “intractable nausea,” and “severe muscle spasticity,” all of which were permitted under Initiative 65 and supported by medical research.
Furthermore, the bill required applicants for a medical marijuana business license to have been residents of Mississippi for five consecutive years, violating the Dormant Commerce Clause. It also designated a single dispensary for each patient based on their zip code, creating an anti-competitive environment similar to public school zoning. Lastly, it proposed a two-tier tax system, with medical marijuana taxed at four percent of the wholesale price and seven percent of the retail price, as opposed to the general sales tax rate envisioned in Initiative 65.
Opposition from State Leadership
As Mississippi heads toward the 2022 legislative session, a new iteration of marijuana legalization legislation is under consideration, facing resistance from Governor Tate Reeves. At a recent press conference, the governor outlined his concerns regarding the medical marijuana proposal. He claimed that the law would permit an excessive amount of medical marijuana sales.
Governor Reeves stated, “If 10 percent of Mississippi residents get a marijuana card, that’s 300,000 Mississippians. Under the law in its most recent draft, you can get up to 3.5 grams of the product… This would allow all 300,000 Mississippians to get up to 11 joints a day.” He expressed concern that such high distribution rates indicate a shift from medical to recreational marijuana use.
It is important to note that typical pre-roll offerings in regulated marijuana markets generally include either a half-gram or full gram, meaning 3.5 grams would equate to approximately three to seven joints. Additionally, daily purchases from dispensaries are uncommon, and patient requirements can vary significantly based on their conditions, suggesting the governor’s interpretation may overlook the complexities of patient needs.
Moreover, the governor contended that allowing medical marijuana could decrease workforce participation, a claim not supported by evidence from other states with similar laws. In fact, if patients can manage severe health conditions effectively, it is plausible that a medical marijuana program could enable some individuals to return to the workforce.
Lastly, Governor Reeves raised concerns that crime rates could increase as a result of legalized marijuana. However, states with legal medical marijuana programs have not seen escalating crime rates; in fact, such programs are often associated with decreased crime as demand shifts to legitimate businesses.
In summary, the arguments presented by Governor Reeves and his supporters may distract from the central issue. Mississippi lawmakers should prioritize the initiative that voters overwhelmingly supported, focusing on aligning their medical marijuana policies with the research and preferences evident among their constituents.