The Mississippi Supreme Court is set to hear oral arguments today in a legal challenge aimed at overturning the November vote that legalized the production and dispensing of medical cannabis to qualified patients.
On Election Day, 73 percent of Mississippi voters supported Measure 65, which creates a framework for state-licensed dispensaries to provide cannabis and related products to patients with a doctor’s authorization. Shortly before the vote, officials from Madison, including the Mayor, initiated a lawsuit claiming the legislature’s failure to update signature-gathering guidelines invalidates the initiative.
Legal Grounds for Challenge
State statutes currently require petitioners to gather an equal percentage of signatures from five congressional districts. However, following redistricting in 2000, Mississippi has only four congressional districts. Lawmakers have not updated the statute since that time.
Industry Response
Carly Wolf, NORML State Policies Manager, criticized the legal challenge, urging the justices to uphold the initiative vote. She stated, “Legalization opponents have shown time and time again that they cannot succeed in either the court of public opinion or at the ballot box. Thus, they are now asking judges to set aside the votes of over a million Americans in a desperate effort to override undisputed election outcomes. Whether or not one supports marijuana legalization, Americans should be outraged at these overtly undemocratic tactics, and the Court should reject them.”
If the Court affirms the vote, Mississippi will become the 36th state to legalize access to medical cannabis.
The case is Mary Hawkins Butler v. Michael Watson, Miss., 2020-IA-01199-SCT.
For more information on cannabis policies and regulations, visit NORML or check the Mississippi government website.
