In the 2020 general election, Mississippi voters approved Initiative Measure 65 (IM 65) by 74 percent, as an amendment to the state constitution. The bill created a medical cannabis program and detailed implementation. However, the Madison Mayor Mary Hawking Butler challenged the bill. She said that the state’s initiative process is deeply flawed, and that IM 65 was not presented to voters properly. The reality is IM 65 was written by citizens, for citizens, in response to lawmakers opposition to medical cannabis. It’s currently unclear how Mississippi lawmakers will approach this voter approved cannabis bill. But unfortunately, the situation appears to be heading towards gridlock, similar to Amendment A in South Dakota.
IM 65 is currently in limbo as it waits for its Supreme Court hearing in April of 2021. In response to this, the State Senate wrote SB 2765. In this new bill, medical cannabis would be approved state-wide and follows what IM 65 had in place. If IM 65 is struck down in the Supreme Court, SB 2765 would become its replacement. It will not be enacted if IM 65 is approved by the court.
Senate Bill 2765
Thursday, February 11 saw the initial vote for SB 2765. It would have required a three fifths majority vote for successful approval, where it then would have been sent to the House for further debate. The vote failed by one senator and was tabled. However, the Lieutenant Governor kept the Senate in session. This allowed for a motion to reevaluate SB 2765 with amendments to try and get more votes. Debate went into the early hours of Friday, February 12 — 1:15AM, in fact. Some Senators had already left for the night, which changed the amount of members needed for a three fifths approval vote. Under these new conditions, SB 2765 passed and is being sent over to the House for further discussion and debate.
Some clauses and amendments were added to SB 2765 during the second vote. Licensing fees for growers and dispensary shop owners were lowered. Grower fees went from $100,000 to $15,000 and from $15,000 to $5,000 for dispensers. This allows for a more competitive market. It also allows for small businesses and local farmers to join the industry instead of only being accessible to established industrial companies who could afford the higher fees. Originally, a ten percent sales tax would be placed on sales. This became seven percent to make medical marijuana more affordable to lower income families who would benefit from medical marijuana usage. Medical cannabis is not a luxury, it’s a necessity for the people, lawmakers argued.
Future
It is unclear if the House will approve SB 2765 or not. Either way, the bill will return to the Senate for further debate thanks to a reverse repealer clause added to the bill. This means that even if the House approves the bill, it will return to the Senate before going to the governor’s desk for approval.
It seems that medical marijuana usage will be approved in Mississippi. The only question that remains now is which bill will be enacted, IM 65 or SB 2765, and when. Either way, it marks a step forward. This state is one of many pushing for reform in 2021. And it is likely other parts of the South will soon follow.
As more news emerges about the Mississippi cannabis reform bill, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp news.