Mississippians eager to establish medical marijuana businesses face new challenges as city aldermen take action against the state’s cannabis program. Despite a significant majority of voters supporting Initiative 65 in November 2020 to create a medical marijuana framework, the program was invalidated by the state Supreme Court on a constitutional technicality. After prolonged uncertainty, Governor Tate Reeves signed the Mississippi Medical Cannabis Act into law in February. However, local officials are now hindering efforts from businesses aiming to enter the industry.
Plans for a dispensary in Brandon by a local pharmacist are on hold indefinitely, and cultivators in surrounding areas are encountering similar obstacles. City boards in Brandon, Ridgeland, Gluckstadt, and Pass Christian have opted out of participating in the medical marijuana program, with additional municipalities from Winona to Sumrall expected to follow suit before the state’s May deadline. Though patients in these municipalities can still possess medical cannabis, dispensaries and cultivation operations will be prohibited from operating within their jurisdictions for the time being.
“This was anticipated,” remarked Slates Veazey, an attorney specializing in cannabis law. “It’s an issue the industry has been closely monitoring, and more cities are likely to make similar decisions.”
Local Concerns and Caution
Advocates for medical marijuana criticize the decision to opt out as narrow-minded. City leaders express a preference for caution, suggesting they want to assess the impact of cannabis businesses in other locations before allowing them in their own communities. The cannabis industry in Mississippi has become accustomed to delays and regulatory hurdles.
Veazey added that even in municipalities that haven’t opted out, businesses will face restrictive zoning regulations. The newly established program permits growth operations solely in zones designated for agricultural or industrial use. While counties may consider re-zoning to facilitate business growth, some might opt for restrictive measures instead.
A public hearing in Brandon saw local pharmacy owner Buell Polk advocating for a dispensary to be established in a vacant bank building near his existing shop. “Having provided medical services in Brandon and Rankin County for over 50 years, I believe I’m qualified to contribute positively,” he said. He noted the potential dispensary’s proximity to assisted living facilities and major health services, emphasizing its accessibility for patients with severe or terminal conditions.
Brandon’s economic development director, Todd Troxler, urged the board to allow indoor cultivation operations, suggesting that opting out entirely would preclude local businesses from benefiting. However, the Brandon board ultimately voted 5-2 to opt out, with the mayor advocating for a cautious approach to observe developments in other areas first.
Response to Opt-Out Decisions
Municipalities retain the option to rejoin the program later, but once they opt out before May 3, they lose the flexibility to change their stance. Ridgeland and Pass Christian voted unanimously to opt out, with Pass Christian’s mayor asserting the decision allows for a thoughtful examination of outcomes in other communities.
Concerns among residents and city leaders range from potential increases in crime to the need to adjust local zoning codes. Despite Gluckstadt’s small population, the mayor indicated interest from potential businesses and the economic benefits they could bring.
However, apprehensions persist regarding the inflow of crime associated with new industries. Notably, studies suggest that medical cannabis does not correlate with higher crime rates, although accessibility issues for non-patients may arise.
“We are disappointed that those four municipalities have chosen to opt out, particularly as over 127,000 voters in their counties supported medical cannabis in 2020,” stated Melvin Robinson, spokesperson for the Mississippi Cannabis Trade Association. In response, residents in these cities are initiating petitions to rejoin the program, with a requirement of 1,500 signatures or 20% of the electorate needed to trigger a special election within 60 days of the petition’s submission.
Supporters of medical marijuana are actively seeking to address the opt-out decisions, with the trade association organizing a signature drive in Brandon.