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Mayor Mary Hawkins Butler filed a lawsuit days before the election, contending that the state's initiative process is outdated.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: 313942

Reported Deaths: 7240
CountyCasesDeaths
DeSoto21580258
Hinds20330415
Harrison17879309
Rankin13594278
Jackson13429246
Madison10088217
Lee9970174
Jones8370163
Forrest7670152
Lauderdale7188241
Lowndes6387146
Lamar622486
Lafayette6184118
Washington5332133
Bolivar4801132
Oktibbeha462198
Panola4582106
Pearl River4506146
Marshall4435103
Warren4386121
Pontotoc420172
Monroe4107133
Union410076
Neshoba4030176
Lincoln3962110
Hancock378486
Leflore3493125
Sunflower335990
Tate333384
Pike3316105
Scott315773
Alcorn312768
Yazoo311469
Itawamba299777
Copiah296865
Coahoma295179
Simpson294988
Tippah288168
Prentiss279760
Adams278782
Marion269080
Leake267473
Wayne262641
Grenada261386
Covington258281
George247848
Newton246261
Winston227081
Tishomingo226667
Jasper221048
Attala214273
Chickasaw207757
Holmes188873
Clay185254
Stone182433
Tallahatchie178541
Clarke177980
Calhoun170532
Yalobusha164238
Smith162334
Walthall133945
Greene130533
Lawrence128524
Montgomery126742
Noxubee126734
Perry126338
Amite123042
Carroll121828
Webster114532
Jefferson Davis107033
Tunica105226
Claiborne102430
Benton99525
Humphreys96533
Kemper95728
Franklin83623
Quitman80716
Choctaw76318
Wilkinson67230
Jefferson65528
Sharkey50217
Issaquena1686
Unassigned00

Alabama Coronavirus Cases

Cases: 531404

Reported Deaths: 10985
CountyCasesDeaths
Jefferson765501522
Mobile41036805
Madison34789503
Tuscaloosa25788453
Montgomery24340589
Shelby23449249
Baldwin21154308
Lee15882171
Calhoun14511314
Morgan14306279
Etowah13843353
Marshall12232223
Houston10570281
Elmore10068205
Limestone9974151
Cullman9676194
St. Clair9661243
Lauderdale9427241
DeKalb8831186
Talladega8227176
Walker7241277
Autauga6926108
Jackson6814112
Blount6678137
Colbert6306134
Coffee5519119
Dale4838111
Russell441538
Chilton4296112
Franklin426082
Covington4129118
Tallapoosa4023152
Escambia393677
Chambers3573123
Dallas3551152
Clarke351161
Marion3122101
Pike310977
Lawrence300398
Winston274473
Bibb260964
Geneva250477
Marengo249564
Pickens234461
Barbour231057
Hale223077
Butler216069
Fayette212562
Henry188844
Cherokee185245
Randolph180542
Monroe177540
Washington167339
Macon159650
Clay156756
Crenshaw152557
Cleburne148941
Lamar142535
Lowndes138853
Wilcox127130
Bullock122841
Conecuh110529
Perry107726
Coosa107628
Sumter104732
Greene92534
Choctaw60724
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