Mississippi marijuana program hinges on initiative arguments

The star marks Mississippi's capital city, Jackson.

The Mississippi Supreme Court has heard arguments in a lawsuit that's trying to block a voter-approved medical marijuana program by challenging the state initiative process.

Posted: Apr 14, 2021 2:23 PM

JACKSON, Miss. (AP) — The Mississippi Supreme Court heard arguments Wednesday in a lawsuit that's trying to block a voter-approved medical marijuana program by arguing that the issue should not have been on the ballot.

Arguments were not about marijuana. Instead, they were about Mississippi's initiative process.

Voters in November approved Initiative 65, which requires the state Health Department to establish a medical marijuana program by the middle of this year. The department is working to create a program, even as the legal fight continues.

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Mayor Mary Hawkins Butler filed a lawsuit days before the election, contending that the state's initiative process is outdated.

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 argues 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 the Supreme Court on Wednesday, state attorneys argued that Mississippi has two sets of congressional districts — one set used for congressional elections and one set used for other purposes.

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

Butler opposed Initiative 65 because it limits a city's ability to regulate the location of medical marijuana businesses.

The Health Department, the Mississippi Municipal League and some others filed briefs supporting Butler’s lawsuit. The Health Department argued that Initiative 65 seeks to transform the department “into something it is not,” even as the department is stretched because of the coronavirus pandemic.

During the legislative session that recently ended, 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: 468498

Reported Deaths: 9100
CountyCasesDeaths
Harrison31907468
Hinds30552569
DeSoto29532342
Jackson22868335
Rankin21016355
Lee14393214
Madison13961263
Jones13053215
Forrest12879231
Lauderdale11244292
Lowndes10148171
Lamar9972122
Pearl River8569208
Lafayette8008136
Hancock7110107
Oktibbeha6764117
Washington6756146
Neshoba6350200
Monroe6304156
Warren6267159
Panola6036122
Pontotoc599292
Bolivar5960143
Marshall5917115
Union558885
Pike5424133
Lincoln5192127
Alcorn509388
George454766
Scott447392
Leflore4377138
Tippah431780
Itawamba429192
Prentiss429074
Copiah423883
Simpson4238108
Wayne419663
Tate418999
Adams4174109
Yazoo411486
Sunflower4057104
Covington404891
Marion399699
Leake389784
Coahoma385996
Newton360273
Grenada3489100
Stone342657
Tishomingo320987
Attala318285
Jasper308261
Winston298191
Clay282672
Chickasaw277464
Clarke271784
Holmes257685
Calhoun256939
Smith241546
Yalobusha215447
Tallahatchie213849
Walthall203457
Lawrence202431
Greene202045
Perry195053
Amite191251
Webster191141
Noxubee173437
Montgomery168652
Jefferson Davis164041
Carroll158936
Tunica146533
Benton137531
Kemper136538
Claiborne124134
Choctaw123824
Humphreys122036
Franklin114127
Quitman100925
Wilkinson98335
Jefferson85832
Sharkey61620
Issaquena1916
Unassigned00

Alabama Coronavirus Cases

Cases: 757893

Reported Deaths: 12784
CountyCasesDeaths
Jefferson1082301712
Mobile694251158
Madison47738562
Baldwin35347420
Shelby34758281
Tuscaloosa32576495
Montgomery32249645
Lee21576200
Calhoun19621363
Morgan19061307
Etowah18363413
Marshall17028252
Houston15881337
St. Clair14724270
Limestone13908178
Elmore13812239
Cullman13756228
Lauderdale12909263
Talladega12124200
DeKalb11705220
Walker10047303
Autauga9371119
Blount9272146
Jackson8970132
Coffee8550150
Colbert8229160
Dale8162142
Escambia632298
Tallapoosa6255165
Covington6214153
Chilton6152128
Russell586753
Franklin558292
Chambers5155127
Dallas4569173
Marion4490114
Clarke447070
Pike439188
Geneva415999
Lawrence4002101
Winston399982
Bibb388975
Barbour334667
Marengo317778
Monroe306844
Butler305878
Pickens296166
Henry288550
Randolph288255
Hale282981
Cherokee275649
Fayette268569
Washington241844
Crenshaw226962
Clay219260
Macon211154
Cleburne205746
Lamar184638
Conecuh173337
Lowndes167856
Coosa160031
Wilcox153033
Bullock145642
Perry132430
Sumter122635
Greene117941
Choctaw71925
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