The war for medical marijuana is the hottest political battle right now in Mississippi. Advocates tried to get a bill passed for years but met defeat every time as favorable bills were killed in committee without even a vote. State Representative Joel Bomgar had enough. He gathered some allies, some cash, and much-needed signatures to place a medical marijuana initiative on the November ballot. The Legislature placed a competing amendment on the ballot as well.
JJ realizes many readers don't have time to dig online for the amendments. The full text of the amendments won't appear on the ballot. As a public service, yours truly soberly dissected the amendments and posted links to their full text below. Read for yourself and make up your own mind how you will vote on Election Day. Enjoy.
AMENDMENT 65
First up is Initiative 65, the Medical Marijuana 2020 amendment. Text of amendment.
Section I
Simple mission statement that the goal is to provide access to medical marijuana for those with debilitating conditions.
Section 2
This section exempts patients, caregivers, doctors, and treatment centers from criminal prosecution.
Section 3
The amendment does not affect laws governing the use of marijuana if its not prescribed for a debilitation medical condition. It does not affect DUI laws or public smoking of marijuana. It does not require health insurance to reimburse patients who use it. It does not affect drug testing laws.
However, it does limit the fine for someone who does smoke medical marijuana in a public place to $100. Current law fines those convicted of simple possession of marijuana $100 to $250 for the first offense.
Section 4
This section is a list of definitions. "Debilitating medical condition" is defined.* 22 conditions or disorders comprise the list. A caregiver must be at least 21 years old. The number of caregivers may be limited. The caregiver is prohibited from using medical marijuana.
A physician is someone who possesses either a Doctor of Medicine or Osteopathic Medicine. The physician must be licensed in Mississippi.
Section 5
The Mississippi State Department of Health shall administer the medical marijuana program as well as promulgating the program's regulations. The Board of Health governs the Department. The Governor appoints Board members.
The Health Department can charge up to $50 for a medical marijuana ID card and a "reasonable fee" for licensing treatment centers. The patient must present a physician's certification to get a card. The card is valid for no more than one year.
The number of licensed treatment centers shall not be limited. The Health Department can not set the price of medical marijuana.
The Health Department may form an advisory committee to create rules and policies for the program. The final rules shall be adopted no later than July 1, 2021. The Health Department must issue ID cards and licenses by August 15, 2021.
The Health Department can fine violators of the regulations. It can revoke or suspend a license. Licensees can be fined up to $5,000 for the first violation and $25,000 for subsequent violations. The Department can issue place licensees on probation or refuse to renew a license.
Section 6
The Health Department can tax the sale of medical marijuana at the "state's sales tax rate." The tax shall be used to fund the program. No tax revenue will go to the general fund where the legislature can spend it.
The State Treasurer "shall" provide a line of credit up to $2.5 million to provide working capital for the establishment of the program. Thus the state will loan money to the Health Department until enough medical marijuana sales tax revenue is generated to fund the program and repay the loan.
Section 8
Now the fun starts. A treatment center can only give a patient up to 2.5 ounces of medical marijuana every 14 days. The patient can possess no more than 2.5 ounces (no stockpiling.).
Treatment centers can not operate within 500 feet of a pre-existing school, church, or licensed day care center. Liquor stores are prohibited from operating within 400 feet under current law and 100 feet if the area is zoned commercial or industrial.
What does the amendment have to say about zoning? The amendment places the dispensaries on the same level as pharmacies:
Zoning provisions applicable to retail dispensaries shall be no more restrictive than those for a licensed retail pharmacy and zoning provisions applicable to other businesses that fall within the definition of medical marijuana treatment centers shall be no more restrictive than other comparably sized and staffed lawful commercial or industrial businesses.
Section 9
The Health Department shall provide a report to the Legislature every two years.
AMENDMENT 65A
Now it's 65A's turn at bat. The Legislature, in its infinite wisdom, passed 65A as an alternative amendment to be placed alongside 65 on the ballot. Some argue the amendment is a poison pill to defeat 65 as the Legislature has no intention of creating a medical marijuana program. Others claim 65A gives the Legislature the power to create a "sensible program" that can be more properly regulated. What does 65A say? Keep reading. Full text of 65A.
The opening paragraph says the Mississippi Constitution is amended to create a medical marijuana program.
Section (a)
It only says it will be based on "sound medical principles."
Section (b)
An "appropriate state agency" shall administer the program. The Legislature will designate the appropriate agency.
Section (c)
The "appropriate state agency" will seek advice from "health care professionals."
Section (d)
Instead of a list of specific debilitating medical conditions, the amendment says such conditions are only those "certified" by health care professionals who possess a Mississippi license. Does anyone think a certain former member of the Mississippi Board of Medical Licensure who has a suboxone clinic might try to get involved?
Section (e)
Only state-licensed manufacturers can produce medical marijuana.
Section (f)
Only Mississippi-licensed physicians, nurses, and pharmacists can treat patients who seek medical marijuana.
Section (g)
So-called "edibles", oops, I meant oral administration of medical marijuana shall be limited.
Section (h)
Smoking of medical marijuana is limited only to patients with terminal medical conditions.
Section (i)
Battle of the lobbyists: "The program shall provide for a limited number of state-licensed manufacturers of marijuana products."
Section (j)
The program shall create a patient registry.
Those are the two amendments. The Secretary of State's website states "Not only must an initiative receive a majority of the total votes cast for that particular initiative, it must also receive more than 40% of the total votes cast in that election."
Stay tuned.
* "Debilitating medical condition" shall mean cancer, epilepsy or other seizures, Parkinson's disease, Huntington's disease, muscular dystrophy, multiple sclerosis, cachexia, post-traumatic stress disorder, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, chronic or debilitating pain, amyotrophic lateral sclerosis, glaucoma, agitation of dementias, Crohn's disease, ulcerative colitis, sickle-cell anemia, autism with aggressive or self-injurious behaviors, pain refractory to appropriate opioid management, spinal cord disease or
severe injury, intractable nausea, severe muscle spasticity, or another medical condition of the same kind or class to those herein enumerated and for which a physician believes the benefits of using medical marijuana would reasonably outweigh potential health risks.
57 comments:
Thank you for this. I consider myself to be a well informed voter and I know my opinions on this topic. But I've been trying to figure out what I was voting for, so that I could vote correctly. This was incredibly helpful.
This will create more bureaucracy and rice bowls.
When pot is taxed it creates a black market. In California in 2020 so far, 2,000,000 "illegal" marijuana plants have been seized, and pot is legal there.
What is "illegal?" Pot that the growers aren't paying taxes on.
None of this will be solved until the Feds remove it as a Schedule I Drug. It only became Schedule I after Prohibition ended to keep those 1,000s of revenue agents employed (rice bowls).
Note: Cocaine is only a Schedule II drug, with Schedule I being the most restrictive/controlled, i.e. cocaine is less serious an offense than pot. Go figure.
No, I do not smoke pot, and have no desire to do so.
Medical marijuana is a crock of shit. I agree that MJ has some medicinal benefits, but every medical marijuana effort is chiefly backed by dopers who want to legally use it recreationally.
Ask yourself this: What prescription medicine are you allowed to manufacture yourself? Also, name one legitimate prescription drug that is administered by lighting the medicine up and smoking it (not vaporizing).
I've said for years that Mississippi should not only legalize it, but put in a genuine effort to produce marijuana on large scale. The agribusiness effects it could have on the state's economy would be huge.
But trying to sneak it in under the aegis of medical treatment is crap.
... so that I could vote correctly.
What is a "correct" vote?
But certain Rs and their crony radio show hosts assure me that I don't know anything and the sky is falling. VOTE FOR BOTH AND 65!
As long as alcohol is legal, there is no argument at all for marijuana being illegal. Vote for 65. NOT 65A.
Follow the money.
The only medicine anyone needs is to be filled with the blood of Jesus everything else is the realm of Satan the deceiver
Not interested in Mary Jane being sold as medically necessary. If you want to see where this is going, just look at people parking in handicap spots. Maybe 15% need to park close, the rest are just taking advantage of someone else’s tag or don’t even care enough to have a tag. We will be fools if we dont believe how negative of an impact this will have on our State and Lord help business owners out there that have to deal with OSHA, worker’s compensation, HIPAA and the ACA.
Ask yourself this... What other corporation has so many "breaks" IN the state CONSTITUTION? THE CONSTITUTION!!!! This should be handled legislatively NOW again the legislature has dropped the ball causing outside organizations to come in to OUR state to create exactly what THEY want how THEY want with ZERO regard to MISSISSIPPIANS under the guise of "healthcare." Becareful what you wish (vote) for, folks.
Case in point:
Section 2
This section exempts patients, caregivers, doctors, and treatment centers from criminal prosecution.
Also, If the tax money from the program can't go to the general fund, how the HELL are they (by their own language) going to "pay back" the $2.5 million loan to the state?
Section 6
The Health Department can tax the sale of medical marijuana at the "state's sales tax rate." The tax shall be used to fund the program. No tax revenue will go to the general fund where the legislature can spend it.
The State Treasurer "shall" provide a line of credit up to $2.5 million to provide working capital for the establishment of the program. Thus the state will loan money to the Health Department until enough medical marijuana sales tax revenue is generated to fund the program and repay the loan.
Both are BAD for MS.
Another issue is zoning. No county/municipality can say where a dispensery can locate. So if a city has specific zoning ordinances (think Madison for lack of a better reference) they cannot create a zoning ordinace that addresses dispensaries. I personally think cities/counties should be able to enforce zoning for ALL business entities, not just those with big money special intrest groups behind them.
Regardless of one's opinion on medical marijuana, this constitutional amendment is a bad idea. If it passes, marijuana would be the only "medicine" in Mississippi which has constitutional protection. Unlike a legislative act, if it becomes obvious that this was a bad idea, it cannot be repealed or even tweaked to fix whatever problems may occur. Legalization of medical marijuana may or may not be appropriate, but this is the wrong way to go about it.
Alcohol was available by prescription during prohibition. But this is how superstitious puritans operate. Vice always has to be hidden or have some silly deniability like casinos on the water instead of land and other such silly nonsense.
It is completely ridiculous but when you are dealing with pearl clutching lushes that are never late for sunday school you have to keep up appearances.
To 8:22, a correct vote is knowing exactly what you are voting for and if it is what you want or don't want. I don't check a box until I know what my vote is for.
I'm glad Autism is on the list because I'm a certified Autistic NEET on SSI and marijuana would help with my crippling anxieties.
Watch Boardwalk Empire on HBO.
Our ultra-conservative legislature has once again shown that their intolerance will be thwarted by the people. If they had done their job and allowed some type of medical marijuana, there wouldn't of been such an outpouring of support for Amendment 65. Of course, when they don't get their way, they muddy the water with 65A which requires a two-part vote. The duly elected hypocrites will allow alcohol, gambling and the lottery but refuse to let those with chronic pain seek some relief. Vote for 65.
Just vote "NO" and you don't have to worry about what the amendments say. And by the way, if you haven't thought about it, both of these are amendments to the State Constitution. Just vote "NO".
9:46 says it all. I am not a user and have no desire and really don't know about the medical part, but I am voting YES and 65..not A. Legislature had their chance, now they are having too resort to radio talk shows and various associations (realtors? what the hell) to do the heavy lifting.
Is there an option on the ballot to vote no on both measures?
Who the hell cares that its amending this sacred state constitution? Nobody even knows what's in that thing (or what's left of it after the Feds struck a lot of the stupid crap in it)
I'm a member of the Mississippi Association of Realtors and was taken aback when I received an anti-65 postcard in the mail. Funded, I hope by their PAC. And they wonder why I don't contribute to the PAC when I pay my dues.
Sincere Question: does Mississippi's "public initiative" law only permit constitutional amendments to be proposed by the public? Or does it also allow for the public to propose a mere statutory law?
If the latter, why does this need to be a constitutional amendment?
I'd bet real money nobody actually reads the amendments before they post junk on JJ.
For the anti-weed people, try going to a dispensary in a rec weed legal state. The patrons would blend in at Char, Bravo or parent-teacher night at any school.
Average age is about 50 and they look healthier than the average patron at a Mississippi liquor store.
As for zoning, from what I can tell, 65 requires the government to treat a dispensary the same as a pharmacy. If zoning allows K&B* to go up, then a dispensary can go up in the same spot.
Now I suspect most pharmacies are in areas zoned commercial or industrial. However, pharmacies such as Walgreens on Canton Mart literally face a neighborhood so a dispensary could probably go up next to it if say someone bought Hickory Pit.
*Yes, I know.
9:43 obviously you don’t know about the effects of marijuana. So you say you have anxiety. Marijuana is a psychotic. It will increase your anxiety and the more you smoke it the worse it will get. Call your local rehab center and ask them, they deal with this everyday.
500 feet away? That’s just across the street.
Nope on dope.
A lifetime of dealing with potheads makes me convinced it's worse than crack. A slacker's dream. A teacher's nightmare. A taxpayer's burden. (And, puhleeeze, look at the fiasco of legal weed in Cali and CO, the dealers AIN'T paying taxes or registering).
Hell No. Nothing on that list of diseases except some rare types of epilepsy has ANY efficacy. Nothing.
The more they study it, the worse it turns out to be. What a surprise, to no one with a brain and eyes.
Just a Bong Gar CBD BS list of excuses.
If this passes, there will be one dispensary at most in Jackson, as there is a church on literally every corner. Pearl will be the metro's dispensary area of choice.
500 feet is 100 and 400 feet more than required for a liquor store.
No - vote no on both!
Mayor Mary is asking you to do this.
Please!
@12:16
The majority of anxiety felt by a marijuana user is triggered by the fear of punishment for using marijuana. Elimnate the punishment and you eliminate the anxiety.
Native Americans don't feel anxiety on the reservation when imbibing during religious ceremonies because they are protected from prosecution.
To 8:34, Medical marijuana is not a crock. I watched my brother-in-law be hospitalized once or twice a month for a year for Parkinson Plus disease complications. His state has medical marijuana. After receiving pills (without THC), he went a year of not being hospitalized. Made his last year on earth much more bearable.
Medical Marijuana is a wonderful aid to both cancer patients and those suffering from Parkinsonism.It should be available to Mississippians!
The Legislature has ignored this need and now they are trying to confuse the voters.
Vote YES on 65! no 65A
There is a medical need for patients to have access to this drug.
@12:16 Marijuana sold medically and/or recreationally is no where near the same as the Mexican reefer (provably a sativa strain) you were smoking in the 60s and 70s. Thanks to Mendelian genetics, growers have produced strains that eliminate unwanted side effects like anxiety and amplified beneficial side effects like pain relief. That’s why it can be deemed medical. We can thank the former Ole Miss pot farm in large part for these breakthroughs.
But by all means, keep forcing those with anxiety to pop a few Xanax everyday and totally forget their responsibilities all the while continuing to enrich the pharma industry.
As another commenter said, I don't understand why this is being pushed through constitutional amendment. It seems to me that legislation is the most appropriate vehicle. Maybe someone more knowledgeable than I could shed some light on this.
Many of us old men would love to see a Constitutional Amendment authorizing recreational Viagra
(without a prescription).
KF, you are correct about the zoning provision in 65 as to 'dispinseries" - but there is a different standard for "treatment centers" which can include the growing, the harvesting, the processing, or any other part (except for the actual sale to the user). They can go anywhere that the current zoning allows.
And in most cities and towns, Residential areas (R-1, the most restrictive zoning) allows agricultural activities. So the pot can be grown, harvested, and processed in your back yard - or across the fence in your neighbor's back yard. For sale only to the dispensaries, of course. Can't in any way be used for personal or friendly consumption. But the pot grower could be your next door neighbor under the zoning provisions for 'treatment centers'>
"Thanks to Mendelian genetics"
Beavis: . . . that's around Mendenhall . . . huh huh.
Butt-Head: . . . Shut up dumb ass. . . he said Ole Miss pot farm.
Beavis: . . . huh, huh, . . . Hotty toddy . . . huh huh !
The State Initiative process results in a constitutional amendment. There is no initiative process to enact general law or a statutory measure.
The Mississippi constitution is probably not what you think it is. It's a very long document with several articles and over 200 sections.
This program can eventually be changed by the legislature, subject to voter approval, just like what's occurring this year with Measure 2/HCR 47.
Follow the money. Bomgar has put in over 2 million dollars to try and get this to pass. Do a little background digging and you will find he sits on a pro mayjane board already in Wyoming using a Washington DC address. NeWay Capitol LLC. Also CB Insights. Can't imagine what the CB stands for LoL. He also bought part of an island in Honduras. I guess he can grow it and ship it to Mississippi. Wake up folks. This isn't about "medical" marijuana. It's about the money. I am all for helping sick folks but this is NOT the way to do it!!
NO to both. THis is about pot heads wanting to get high. The last thing this state needs is more slacker 'kids' spacing out on the couch and eating Cheetoes.
If this was about medicine, it would be pill form without THC, and not smoking weed.
No to both.
The opposition is all about money. The legislature wants to make certain the big money people control the entire industry if it is legalized and prevent any local mom and pop and backyard operators.
I'm voting yes. Y'all pop pills like crazy, I wish y'all would stop acting like this towards weed. Calm down, your daughter won't get high and bring a black guy home. She'll leave him at College like they do, anyway.
All these people complaining about "outside interest" have nothing to say about ALEC having a bunch of the State Legislature in their pocket. Please shut up and enjoy life a little.
Imagine being such a nanny-state, government-save-me coward, that you beg a government to regulate a plant that grows out of the fuckin ground and is consumed AS IS. Harden up, Nancy
Long term arthritis and RA sufferer. Traveled to CO with relative who has it so severe they have surgery to correct bones shifting and growing out of skin on feet and hands. We did a drug trial and I can tell you I would vote for it rather than use chemotherapy drugs that I have been on (these drugs give me a 35% increase of risk of lung cancer, kill my liver.) Relative felt it gave relief without harmful and addictive side effects of previous drugs they were on daily for life. Relative moved to CO for hot springs and Medical Marijuana. Relative had just about giving up on life. No one wants to be on dangerous drugs or addictive medicines or medicines that have worse side effects, causing other threatening illnesses.
Ah, K & B! Back in the day, they had the cool purple clicky ball point pens as well as the best store brand vanilla ice cream. Tasted like it had a hint of homemade divinity mixed in.
To all Christians with a dissenting view of the legalization of cannabis, God makes it pretty clear in the FIRST chapter of the Bible that the plant was given to us, on Earth, as a gift.
Genesis 1:29
"Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat."
I may have missed something, but I wonder how this will affect employment of Doctors, Nurses, Cops, Firefighters, EMT/Paramedics, Pilots and certain Industry jobs. This, as I read it, will allow impaired people to function while using medicinal marijuana. Don't want to hear that there will not be any high or other associated issues just because it's Medical Marijuana.
Right now you can't work for the Federal Government if you decide to use Medical Marijuana, or at least since I retired from the Federal Government, but how will it affect local government employment. If allowed will it stop drug testing at work and if you get involved in lets say a MVA on duty, machine related damage/injury etc.?
As I say, I didn't see that addressed in the bill, but if so, someone please advise me with a link if possible.
"Calm down, your daughter won't get high and bring a black guy home." My daughter doesn't get high, but she brought her black guy home anyway. Not a bad young man.
@9:25, Tradition credits Moses as the author of Genesis, as well as the books of Exodus, Leviticus, Numbers and most of Deuteronomy. I'm not sure, but I don't believe that Moses wrote Genesis 1:29 with specifically Marijuana in mind. Might be wrong, but don't think he did that. Maybe it's just me, but you thumper types can be comical as hell at times.
@9:25 am
I have to wonder, given your Bible skills, if you run poison ivy all over yourself or enjoy a refreshing nightshade iced tea each day? Ever chew on some castor beans?
Please continue with your scripture lessons.
@ Calm Down/4:08PM
Friend, I'm writing this with the assumption that nothing I type in this message will change your mind regarding the topic at hand (your support of the prohibition of cannabis).
With that being said, I'm not sure why you're equating the proposed legal, taxed, and prescribed consumption of dried cannabis flowers (or approved THC oil) with ingesting RICIN, and rubbing a known allergenic/toxic (poison ivy) plant on yourself? That's illogical, and I'd like clarification if you want to continue our conversation.
According to Pew, 91% of Americans support legalizing medical marijuana, and ~66% of Americans support the full legalization of cannabis; but seeing my fellow citizens of Mississippi (the state I love, where I was born, raised, and now currently work/live in) wanting to keep it illegal, and using similar logic like yours - it becomes more clear to me as to why we've been the perpetual loser of the US for the last 150 years.
Lastly, I wasn't using the Bible in my last post to patronize - I'm a Christian, registered Republican, and was being serious in pointing out the verse.
Sorry for the long post.
October 22, 2020 at 9:35 AM - FOR THE WIN!
11:05 - I'm new in town. Since you claim to be one, tell me where I need to go in this state to become a 'Registered Republican'. You might have been serious about the Bible, but you lied about registering as a Republican.
@Marcus Registratos
I meant it as an informal saying - meaning I have voted Republican in nearly all elections I have cast a ballot in. So, yes, you’re correct in that I have not actually “registered” with the MS Republican Party.
Allowing pot to be grown in residential areas is a HUUUUUGGGE problem. The smell is overwhelming and will destroy property values.
THIS DOES NOT BELONG IN THE CONSTITUTION!!!!!
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