Months after voters approved Initiative Measure 65 to legalize medical cannabis within the state, the Mississippi Supreme Court is ready to hear the case. IM 65 received 74 percent voter approval in the last general election in November 2020. Unfortunately, one mayor has challenged the measure. She even challenged it a few days before voters supported the measure she is so against. 

Prosecution

Mayor Mary Hawkings Butler of Madison, Mississippi filed a lawsuit against IM 65 days before the general election. Her argument: the question posed wasn’t worded correctly. Additionally, it would be impossible for enough signatures to be collected to get the measure on the ballot overall because there isn’t enough support for the measure. Voters have spoken otherwise. 

Mississippi has a shrinking population. In the 1990s, there were five districts within the state. For any initiative measure to be approved for the ballot, at least ⅕ of the population in each district needed to provide their signatures. Recently, there are only four districts in Mississippi. The Attorney General in 2009 issues a statement about how the five districts met constitutional requirements. Then, in 2019, the Secretary of State approved the amount of signatures collected for IM 65 for the 2020 ballot.

Lawyers for Mayor Hawkings Butler say that it is “mathematically impossible” for IM 65 activists to meet the requirements for collecting ⅕ of district signatures from only four districts. 

Defense

However, the defense says Mayor Hawkings Butler’s argument has two major flaws. The first is that the mayor’s lawsuit is “woefully untimely” and her interpretation of the constitutional language for ballot initiatives is frankly off. 

But their biggest argument is that if it is mathematically impossible for enough signatures to be collected, why is she fighting this measure specifically? Why not all of the ones from the previous decades that have been approved since Mississippi went from five districts to four? It appears that Mayor Hakings Butler is specifically attacking cannabis legalization and that should not be a base for a lawsuit. 

Continued Advances

While lawmakers prepare for the Mississippi Supreme Court case of IM 65, the Department of Health works towards moving IM 65 forward. They are working diligently towards an August deadline for the medical cannabis program to start. If IM 65 is approved by the court, then it’s laws will still need to be followed, including the deadline for implementation. In addition to working towards the deadline, the Department of Health is also crafting advertising and marketing regulations. “We tried to adopt best practices from other states,” the State Health Officer Dr. Thomas Dobbs said.

Lawmakers also tried creating their own medical cannabis program if IM 65 fail. Titled SB 2765, it would create a stricter program than what voters approved. There was severe backlash from activists and voters for the changes that SB 2765 created to the medical program. Enough that the bill died shortly after passing it’s initial Senate committee. 

Future

There isn’t a clear timeline for the Supreme Court. They will begin hearing arguments on Wednesday April 14. But it’s unknown when the Court will give it’s ruling on IM 65. Until then, voters and activists will wait with baited breath for the hopeful passage of IM 65. Mississippi voters clearly want a medical cannabis program, so they deserve what they created and voted for.
As more information develops, we will be sure to update you with the latest.

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