In November of 2020, many Mississippi residents were overjoyed to hear that they were to become the 35th state to legalize the use of cannabis for medicinal reasons. However, their joy was cut short after the state Supreme Court u-turned on the voter-approved ballot Initiative due a constitutional technicality.
Jace Ferraez is an attorney and law clerk in Columbus, MS who reports on legal developments in the state. Below he explains the latest developments in the legal battle over CBD and medical marijuana.
As of the end of 2021, Mississippians who, twelve months earlier, voted in their droves to legalize the use of cannabis for medicinal purposes, continue to face a battle for a bill to be passed by the legislature.
Why is Marijuana Illegal in Mississippi?
Jace Ferraez explains that the law surrounding marijuana use and the penalties this carries have been hazy for some time, and not just in Mississippi. However, this southern state is the latest to be actively pushing not just for reform, but for clear-cut answers on where residents stand on possession.
Mississippi is known for being a state that has ‘decriminalized’ the possession of marijuana, but on closer inspection this applies only to small amounts of possession, typically 30g, for personal use. It also applies only to a first-time offense, and a second can land you in a Mississippi jail for as long as 60 days.
Cory Ferraez is the brother of Jace and also an attorney. Cory has also been blogging on this case and says that this has greatly impacted residents of the state who rely on marijuana to treat several medical issues, including relief for symptoms of cancer, Alzheimer’s Disease, epilepsy, and glaucoma.
Were these residents to head next door to Louisiana or Arkansas, though, then their conditions could legally be treated with medical marijuana, as both states have passed such legislation that makes this possible according to Jace Ferraez.
Mississippians have been particularly frustrated at the latest state Supreme Court Ruling, as they believed last year that Initiative 65 had indeed been approved. The news that the bill had later been stopped by the state Supreme Court was a blow to the 74% of residents who had voted in favor of the initiative.
What is Initiative 65?
Amendment 65 was a constitutional ballot initiative to establish a medical marijuana program for patients with certain conditions. Jace Ferraez explains that had Initiative 65 passed without interruption, it would have enabled doctors and other licensed physicians to prescribe marijuana to patients suffering from at least one of a list of 22 medical conditions.
It would mean that those with a medical marijuana license in the state of Mississippi would be allowed to possess up to 2.5 ounces, or 70g of medical marijuana. Cory Ferraez notes that this would be over double the amount currently allowed before possession becomes a felony.
Frustration has arisen by the decision to not only block Initiative 65 despite its popularity with voters, but to replace it with Alternative 65.
This alternative would grant the use of medical marijuana only to those who were suffering from terminal illnesses and would also give power of tax rate and possession limits, among other things, to the state legislature.
Where the Physicians Stand
There’s little doubt that the legalization of marijuana is a divisive topic, and this extends to those in the medical profession, too.
Licensed doctors and health practitioners who believe in the benefits of being treated with marijuana and CBD encouraged users to head to the polls in 2020 in order to push through the Mississippi-specific initiative.
However, State Health Officer Dr. Thomas Dobbs is concerned that Initiative 65 would result in dispensaries being opened all over the state, with zero regulation, resulting in what he describes as “the Wild West version of marijuana.”
Whatever the stance of individual voters, though, there’s no doubt that there would be an economic boom to the state of Mississippi with the introduction of legalized marijuana, Jace Ferraez reports.
With a 7% sales tax payable on gross receipts from the sale of medical marijuana, Cory Ferraez says there’s an argument to be made for state coffers benefiting from passing the legislation. State funds will also be boosted by annual licensing fees, one-time permit fees, and other add-ons that growers will have to part with in order to be allowed to cultivate marijuana plants.
Where Does Mississippi Stand Now?
Jace Ferraez says that since the State Supreme Court’s ruling, Mississippians have been waiting with bated breath for Governor Tate Reeves to call a special session that would allow for a passing of an amended bill.
Such amendments would include giving counties and cities the ability to opt out of allowing the opening of medical marijuana dispensaries, although should voters of such areas object, they can override local authority decisions.
Cory Ferraez notes that however, with no sign of Governor Reeves moving to call such a session, the fate of Mississippi’s legalization of medical marijuana and CBD remains in the balance in the Legislature and he is confident that a cannabis bill will pass. Regular sessions begin again in January 2022, and there’s no doubt that Mississippi residents are eager for decisions to move forward with the implementation of the legislation they voted for.
