Mississippi justices toss voter-backed marijuana initiative

The Mississippi Supreme Court has overturned a medical marijuana initiative that voters approved in November.

Posted: May 14, 2021 1:57 PM
Updated: May 14, 2021 2:23 PM

JACKSON, Miss. (AP) — The Mississippi Supreme Court on Friday overturned a medical marijuana initiative that voters approved last fall.

Six justices ruled that the medical marijuana initiative is void because the state's initiative process is outdated. Three justices dissented.

Mississippi voters in November approved Initiative 65, which required the state Health Department to establish a medical marijuana program by the middle of this year. The department has been working to create a program as the legal fight continued.

To get Initiative 65 on the statewide ballot, organizers gathered signatures from the five congressional districts that Mississippi used during the 1990s. They did that based on legal advice issued years ago by the state attorney general’s office.

Madison Mayor Mary Hawkins Butler filed a lawsuit days before the election, contending that the state’s initiative process is outdated. She opposed Initiative 65 because it limits a city’s ability to regulate the location of medical marijuana businesses.

The Mississippi Constitution says petitioners must gather an equal number of signatures from five congressional districts. The state dropped from five congressional districts to four after the 2000 Census, but the constitution’s language about initiatives was not updated. Butler’s lawsuit argued that this creates a mathematical impossibility with four districts because the constitution still specifies that no more than one-fifth of the signatures may come from any single district.

In papers filed Dec. 28 and in oral arguments before the state Supreme Court on April 14, state attorneys said Mississippi has two sets of congressional districts — one set used for congressional elections and one set used for other purposes.

An attorney for Butler argued that the only purpose of a congressional district is to have geographical boundaries for electing U.S. House members.

Chief Justice Michael Randolph said during the April 14 hearing that seven bills have been filed over the years to update Mississippi’s initiative process to remove confusion about signatures coming from old or new congressional districts, and legislators have not made the change.

During the legislative session that ended in April, the Senate tried to create rules for a state medical marijuana program, but the House defeated the effort. Republican Sen. Kevin Blackwell of DeSoto County said the proposal was a backstop to have a program in place in case the Supreme Court agrees with Butler and invalidates Initiative 65. But supporters of Initiative 65 balked at the Senate’s proposal, saying they saw it as an attempt to usurp the will of the voters.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 320292

Reported Deaths: 7390
CountyCasesDeaths
DeSoto22299271
Hinds20782424
Harrison18455317
Rankin13933282
Jackson13740249
Madison10276225
Lee10068176
Jones8475167
Forrest7845153
Lauderdale7263242
Lowndes6524150
Lamar636688
Lafayette6315121
Washington5427138
Bolivar4842133
Panola4671110
Oktibbeha466398
Pearl River4610148
Marshall4576105
Warren4440121
Pontotoc426173
Monroe4163136
Union415977
Neshoba4066180
Lincoln4009113
Hancock387687
Leflore3516125
Tate342586
Sunflower339491
Pike3374111
Alcorn327474
Scott320374
Yazoo314771
Adams308586
Itawamba305178
Copiah299966
Coahoma299084
Simpson298689
Tippah292468
Prentiss284461
Leake272474
Marion271480
Covington267283
Wayne264842
Grenada264087
George252451
Newton249064
Tishomingo232469
Winston230382
Jasper222148
Attala215173
Chickasaw210759
Holmes190574
Stone188833
Clay187954
Tallahatchie180041
Clarke178980
Calhoun174232
Yalobusha167940
Smith164134
Walthall135547
Greene131934
Lawrence131424
Montgomery128943
Noxubee128034
Perry127538
Amite126542
Carroll122330
Webster115132
Jefferson Davis108534
Tunica108127
Claiborne103130
Benton102325
Humphreys97533
Kemper96729
Franklin85023
Quitman82316
Choctaw79218
Wilkinson69632
Jefferson66328
Sharkey50917
Issaquena1696
Unassigned00

Alabama Coronavirus Cases

Cases: 549394

Reported Deaths: 11328
CountyCasesDeaths
Jefferson810851571
Mobile42180832
Madison35733524
Tuscaloosa26186460
Shelby25638255
Montgomery25103615
Baldwin21921314
Lee16301176
Calhoun14725329
Morgan14650286
Etowah14192364
Marshall12465230
Houston10798289
Elmore10302214
Limestone10191157
St. Clair10166251
Cullman9975201
Lauderdale9621250
DeKalb8978190
Talladega8467184
Walker7351281
Autauga7244113
Jackson6993113
Blount6957139
Colbert6418140
Coffee5650128
Dale4931116
Russell455241
Chilton4476116
Franklin432082
Covington4283123
Tallapoosa4137155
Escambia402380
Chambers3731124
Dallas3609158
Clarke353361
Marion3264107
Pike314878
Lawrence3135100
Winston283672
Bibb268664
Geneva258782
Marengo250566
Pickens237062
Barbour234460
Hale227078
Butler225071
Fayette219763
Henry194844
Randolph187744
Cherokee187545
Monroe181041
Washington170639
Macon163051
Clay160159
Crenshaw156157
Cleburne153744
Lamar147237
Lowndes142154
Wilcox126830
Bullock124642
Conecuh113830
Coosa112129
Perry108826
Sumter106032
Greene93734
Choctaw62125
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