Wednesday, August 5, 2020

Sid Salter: Dueling medical marijuana initiatives: All voter initiatives face a hard road in Mississippi

Mississippi voters will face the question of legalized medical marijuana use on a broader scale on the November ballot. Medical marijuana is already legal in Mississippi in the narrowest of senses.


Legal, yes. Available? Not really. Former Republican Gov. Phil Bryant signed Mississippi’s very narrow current medical marijuana bill into law in 2014 with help from some of the state’s most conservative lawmakers. Harper Grace’s Law was supposed to allow patients to obtain treatment with cannabis oil at the University of Mississippi Medical Center.

Clinical trials have been conducted with a limited number of patients with good results. UMMC announced in July 2019 a one-year extension of the clinical trial of a new marijuana-derived drug to treat seizures in children. (KF note: The girl who was the subject of the legislation never obtained the drug it was designed to provide.).  

State voters will be offered two versions of a medical marijuana amendment on Mississippi’s Nov. 3, 2020, general election ballot. Initiative 65 was sponsored by the Medical Marijuana 2020 campaign and was placed on the ballot through the state’s voter initiative process.

That process allows lawmakers to draft their own version of the amendment. The Legislature authorized Alternative 65 to appear on the ballot alongside Initiative 65. Republican lawmakers overwhelmingly supported the more restrictive Alternative 65 over the original Initiative 65 submitted by initiative petitioners.

When the Mississippi Legislature offered state voters a chance to adopt a voter initiative process during the 1992 regular session, they responded by overwhelmingly approving it by just over 70 percent in the Nov. 3, 1992 general election.

The initiative process in Mississippi is one that was designed by the Mississippi Legislature to be difficult for those citizens who wish to circumvent lawmakers and get into the business of directly writing or changing laws for themselves.

There is a legislative back door in the process that gives lawmakers the literal right to have the last word – and that was exactly what state voters approved in 1992. The ballot language must be submitted to the Legislature and if the lawmakers choose to do so, they can submit an alternative to the initiative on the same ballot.

Since 1993, there have been 63 instances in which various Mississippi citizens or groups have attempted to utilize the state’s initiative process. Like a carton of milk left unconsumed, 48 of those attempts simply expired – dying on the legal vine for lack of certified signatures or other procedural deficiencies.

Of the remaining 15, three passed at the ballot box, three failed at the ballot box, three were ruled invalid or unconstitutional by judges, one was withdrawn by the measure’s instigators and five remains either active or filed.

Mississippi voters have already seen the impact of dueling ballot initiative questions – one from initiative petitioners and a second crafted by legislators. The 2015 battle over public education funding as voters chose between Initiative 42 and Alternative Measure 42A demonstrated the confusion generated by the dueling ballot questions.

In the end in 2015, state voters rejected changing the state constitution to boost K-12 school funding, but those same voters embraced the original Initiative 42 language over the legislative 42A alternative in a political exercise that pitted what the voters perhaps thought should be done with education funding against how the same voters perceived the state should accomplish it.

Passing a medical marijuana initiative in Mississippi was always a stretch in state often referenced as the “gold buckle of the Bible Belt”, but the addition of an alternative amendment that frames the process as one with strong partisan overtones raises the hurdles even higher for the Medical Marijuana 2020 campaign.

Sid Salter is a syndicated columnist. Contact him at sidsalter@sidsalter.com.

36 comments:

Anonymous said...

The Mammon worshippers wont be satisfied until our children are drug addicted online prostitutes working for dope and digital currencies while covered in tattoos.

Anonymous said...

It’s coming eventually everywhere like it or not old gen. I’m sure we will be last on the list and fight it because your Sunday school class will judge you if you support it. We will lose out on tons of potential revenue and by the time we wait it out the other states will have all the business and resources and we’ll be left with the shake. I’m on the right btw but this is same ol song. Don’t fear the reefer!

Anonymous said...

The last thing Mississippi needs is some smartass tech nerd millionaire trying to bring a billion dollar industry to Mississippi. We don't need any million dollar tax windfalls either. Mississippi has enough with our bounty of catfish, pine trees, and ill bred trailer folk.

Anonymous said...

Folks are going to pay attention on this one. 65 will pass.

Anonymous said...

one toke over the line-

Anonymous said...

"Hank, why do you drank?
Hank why do you roll smoke?
Why must you live out those songs that you wrote?


-Bocephus
Family Tradition

Anonymous said...

The vast majority of US citizens want the stuff legalized but the politicians always cower to the small town sheriffs who want to protect their revenue stream. It’s unfortunate our elected officials don’t take the opinion of those they serve more seriously. If the GOP doesn’t get with the times, they will be extinct before long.

Anonymous said...

I hope this passes. MS needs revenue like oxygen. Kind of cowardly for legislature to run in after the initiative and try to mess it up. They just don’t realize nobody cares if people smoke marijuana

Anonymous said...

Just legalize the shit. All drugs for that matter. There won't be any opioid/drug crisis anymore as Covid is going to kill us all.

Anonymous said...

@9:13
The majority of Americans are taxed enough already. We don't want streets covered in hypodermic needles, garbage, and feces. We don't want disease and crime filled homeless camps. We don't want limousine socialism, defunded police, or to be ruled by the fringe minorities amplified by the media.

If the Democrat party doesn't get with the times, they will be extinct before long.

Anonymous said...

#GettingHighMatters

Anonymous said...

9:49
I am scared of people injecting the marijuana pill also

Kingfish said...

The real problem is the federal ban on research of the plant. No excuse for it. If there was no research ban, then we could have a body of data and scientific evidence to use in determining how effective it really is.

Anonymous said...

Good one 10:05 am

But, I suspect 9:49am doesn't get the jab.

How strange to leap from medical use to drugs in the street. Hope that poor baby has his pacifier of choice handy.

Amongst the things Easy Rider never said...

Covid-19 is real, man. So please, by all means, bogart that joint my friend, don't pass it over to me!

Anonymous said...

Bomgaar's sheep are coming in 'loud and wrong here today - especially with them touting the millions of dollars of revenue that will be coming in from his scheme. Yes, MS needs revenue but letting folks take on a dozen joints each and every day provides zero dollars of revenue to the state.

Yes - ZERO. The druggie bill lets an individual get a license allowing him/her purchase enough weed to provide a dozen joints each and every day. Not prescribed how much they can buy - the constitution will contain the disease- 2.5 ounces every 14 days.

Not medicine, because the doctor cannot prescribe how much the 'patient' can have, what strength it is to be, whether the patient is to smoke it, yoke it, vape it or eat it - doctor not allowed to say. But once the license to purchase is issued the 'patient' can get that two and a fall ounces every 14 days.

That much weed can make a good 200 to 250 joints - do the math. That's up to 15 every 24 hours. Medicine or a good high?

And, let's look at this supposed revenue. The sales can only be taxed at 7%. Cannot be changed by the legislature - it will be written in the constitution, not in statute like all other taxes.

And that 7% must ALL be spent only for the management of the M
Maryjane program at the Dept of Health.
Whatever money comes from this snake-oil business scheme the promoters are pushing goes into the administration of the program. Not for schools, not for roads, not for legislative salaries. None of this 'needed revenue' that is touted here and around the state by this multi-million dollar sales program that 'Big Weed' is behind.

Anonymous said...

Just give the speakuh and lt. gov some cash and watch it . they will whore out for anything if the moneys right

Anonymous said...

Mississippi already has medical marijuana. It's called Marinol. It is a synthetic THC drug. It is FDA approved, any doctor can prescribe it. If you are a state employee, it is on the list of approved drugs that the health plan will pay for.

This initiative is nothing more than first step to legalize marijuana for general recreational use.

https://www.drugs.com/marinol.html

Anonymous said...

What's all the damn hype about? If it passes, it passes. If it doesn't, it doesn't. Let the majority rule and move on to more important issues.

Anonymous said...

@9:49 if you are using hypodermic needles to shoot up weed and then defecating in the streets, then you may be the dumbest commenter here. Quit trolling, everyone knows you are pretending to be a republican to make them look stupid.

Anonymous said...

People who want to smoke pot just discretely grow their own. It's a weed and Mississippians know how to grow weeds.

Anonymous said...

They hype is about the legislature not trusting the will of the people. There is a ballot initiative on the ballot this fall. Let us vote up or down. But they can't handle that. They put an alternative on the ballot to confuse and dilute supporters.

Always, always, always, follow the money. The legislature wants to control (dictate) where the money flows and who gets paid when pot eventually comes to Mississippi. Not some damn free market.

Anonymous said...

Hey 10:29. What makes you think that the state can only charge the sales tax of 7% on marijuana? They could do like they do with alcohol and tax the shit out of it. Hell probably even create some more brother-in-law jobs like they did with the ABC. Maybe even decide what vintage of weed is even available like the wine.

Anonymous said...

I have no position either way. However, it's no different than these asinine wet/dry county laws.

Guess what ? . . . beer, wine and liquor are all over the dry counties. Weed is used in all 82 counties. (including outstanding local pillars of the community that most would never suspect).

At least let the counties make a few tax dollars off the sales of both products.

Personally, I'd rather see the legislature ban neck tattoos first.



Anonymous said...

Here we have yet another example of my fellow, “right wing” small-government, “damn the torpedoes” individualists begging the government to tell them what they cannot put inside themselves. Good job guys! With this sort of Don’t Tread On Meiness, we will show the commies that we can government better than they can government!

Anonymous said...

I’m still waiting for someone to say “ Just let it go Bruce Bartley!” LOL

Anonymous said...


@2:59 Same here, don't really care however, during wet/dry battle in our county every Baptist church within the area said there would be people " lying in the streets drunk" wet was voted in two years ago and have not seen ONE drunk lying in the street or anywhere else for that matter. Revenue for the city and county have increased! As an employer, it's already being widely used based on my experience, TAX the hell out of it and make it a win for the
State!

Not a stoner said...

Please VOTE NO to both - or this will likely be another Mississippi F UP... with lots of Mississippians getting and staying F’d Up, driving, and shirking off other responsibilities such as work, school ... the beginning of the end for our poor state...However, the proponents and the doctors and distributors will get RICH...

Anonymous said...

9:49, legalizing medical Marijuana has nothing to do with any of that. Contrary to what your fifth grade Sunday school teacher said in 1955

Anonymous said...

Thanks for weighing in at 10:29 (former) Director Dowdy. Maybe you should mind your own home's affairs before telling other people how they should live their lives.

Anonymous said...

"I am scared of people injecting the marijuana pill also"

Their eyes roll back upon their head !

They cuticles are dilated !!!!
I seen em' holler that trip out . . . after taking that ole marijuana peel.

I learned that at the narcotics training prevention unit in Tupelo, Mississippi.



Anonymous said...


Oh, and BIG PHARMA is positioning to be a playa! Google the investments.

Anonymous said...

" Just give the speakuh and lt. gov some cash and watch it . they will whore out for anything if the moneys right "

That's a good point.

Both of these dudes are still recovering from covid.

The speakuh was holding "mask free" court at Martin's every afternoon . . .when he he was focused on getting rid of the state flag.

Delbert was not much different.

He was prancing around the capitol like nothing was wrong . . . (anytime a news crew came in with cameras) .

Just an observation.

Anonymous said...

People on here are talking about tax revenue and marijuana. If the amendment passes, NONE of the $$ can be used for roads, schools or anything other than running the marijuana program. How the money is spent would be up to the department of health - not the Legislature. That’s what the amendment says. Also, the tax rate can’t exceed the state sales tax rate. That’s in the amendment language.

Kingfish is right. Change the federal law to allow more research. Without knowing what does and doesn’t work and what does or doesn’t cause harm, then the marijuana industry will keep getting bad law jammed into state constitutions to protect their money making enterprise.

Anonymous said...

@8:30am - and I guess just let those who use marijuana keep putting god knows whatever their street level dealers are selling them into their body? Remember when all those kids were having lung issues from vaping? It was later proven their illnesses were linked to use of illegal THC cartridges. Dealers were "cutting" the THC oil in the cartridges with vitamin D oil and that substance bound itself to the smokers' alveoli, causing their breathing issues. Whatever would get sold legally in Mississippi has to be safer than that.

I don't drink but have smoked marijuana daily for over 30 years while maintaining a job and a professional license since graduate school (but only after I'm off "the clock" which is around 6:00pm). I couldn't care less if Mississippi legalizes it or not. Like many of my friends and colleagues, I have my dope mailed straight to my house by friends in CO or CA using the U.S. Postal Service. The only issues I've run into are the times when the package has gone "missing," which I take to mean that a postal employee stole it. So whether this amendment passes or not, I, like the other Mississippians who prefer marijuana to the other legal drugs like beer/wine/liquor, will keep on keeping on.

Also, I have to mention that, in my experience, the people who drink tend to have much more issues in the workplace than those who smoke marijuana. Ask yourself the following questions: How many people do you know with a drinking problem? How many people do you know with a marijuana problem?

Anonymous said...

2:21 - 8:30 here. if you feel that way, get the legislature and congress to change laws. I would probably agree with you on most of them. But putting marijuana laws in the constitution - when there is much we don’t know - is not the right way to do it. It is very, very hard to fix a mistake if it is in the constitution.



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