Friday, January 29, 2021

Weed Wars Move to Oral Arguments at Supreme Court

Steel cage match, 60-minute time limit, Loser leaves town

 

 

32 comments:

Anonymous said...

I wish they would just legalize it and tax it like cigarettes and liquor. This arguing is all such a waste of time and taxpayer funds.. The majority voted for it.

Anonymous said...

April 21? What the hell else do they have to do until then?

Anonymous said...

I wish we could just go ahead and get this over with. The SC isn't going to touch this.

Anonymous said...

But, but, but 86% of the people voted for it.

Anonymous said...

We can elect new Supreme Court justices.

Justice Delayed said...

"April 21? What the hell else do they have to do until then?"

Well...They could unseat Banks up in MadCo...the guy was illegally elected over a year ago. That case has languished in the front yard of The Supremes.

Anonymous said...

8:32- The majority of people wanted slavery too, so I guess we should have just “legalized” that as well.

Marijuana is not safe and it’s really quite damaging. Anyone who actually thinks it has medical issues is lying and just wants to get high.

Keep it illegal and throw those users and dealer in prison. Use my tax dollars to build more jails.

Anonymous said...

Thank you for your extremely educated and insightful opinion, 10:02!
Try Metamucil. Your diet of Fox News and NCIS reruns has you backed up and cranky this AM.

Anonymous said...

Watch for a head explosion of some lady last name Rudder when SC reverses......
It will be brutal.

Anonymous said...

@10:02 has Reefer Madness on DVD and watches reruns of Adam-12 (not that there is anything wrong with that).

Anonymous said...

Since the legislature screwed up the 65/65A deal so bad, really the only way out of it is to legalize recreational use and heavily tax/regulate it.

Anonymous said...

There's a difference in enslaving another person and smoking a plant in your own house for your own reasons. Its funny how people keep talking about "our precious freedoms" while trying to restrict everybody else's.

Anonymous said...

Wonderful! This gives the legislature a couple of months to pass a law legalizing all sales of Marijuana (medical and social) in Mississippi. Doing this would allow Governor Sweet Tater a legitimate chance to drop income tax for citizens of Mississippi and have residents of neighboring states help fund the effort.

I will run the program - acquisition and testing of weed, packaging all product in certified "Magnolia Weed" containers and setting allowable operation guidelines for retailers (24/7/365).

Successful? You betcha!

Anonymous said...

Too bad it’s not a day prior 4/20

Anonymous said...

8"32 - the majority of folks who voted voted for it. But not nearly as big a majority as the industry group that sponsored it claimed election night. Just like their claim of 230,000 signatures; while they might have had that many names on the petitions, 40% were not registered voters and therefore meant nothing.

But to your other point - you want them to tax it like liquor and cigerettes. That's one of the problems; the industry group that wrote the language made sure that the weed won't be taxed. The fee (7%) that they put in for the licensing does not go to the state for anything - other than to run the weed program.

A reasonable MM statute would be fine, but not one that provides special constitutional protections to an industry (the only such industry in the state that would receive such a honored place.) And that's what the bills filed in the legislature appear to be trying to do - create a system that is medically driven rather than driven by those looking to make big money out of their scam. Let the state tax it appropriately. Let the doctors actually 'prescribe' the product -- how it is to be used, how often, how much, etc. And tax the sale appropriately.

Anonymous said...

723, Bank's and his attorney drug that out as long as they could just for that purpose. They used every day, plus a few, for each and every filing that they had to make (while the other guy got his papers in within a couple of days each time.) The Supremes have now had the case in a position to rule for four or five months.

They do have a 270 day time frame on their rulings (after all briefs have been filed), but they also are supposed to expedite election cases.

While it really hasn't been on their desk for a year, the five months is adequate time for an 'expedited' case. Yes, they could and should do that this week.

Anonymous said...

@4:21 - GREAT IDEA. But evidently you didn't read the fine print.

Joel and his investors made sure what you are proposing CAN NOT HAPPEN. The state can not tax it. And the state can not regulate it.

If they could do that, a law legalizing it would work - but they want to make sure that their money bags are not dipped into in any way. The language specifically spells out that the state can not tax it. And they wrote in what little regulation that the Dept of Health can do and how to do it.

With it being in the constitution, rather than just in statute, it can't be changed.

So - now what do you suggest?

Kingfish said...

It's treated as a prescription drug, which is not taxed in Mississippi


So are you advocating taxing prescription drugs?

Anonymous said...

" The majority of people wanted slavery too"

Gawd that's funny.
Never did I expect to see the words slavery and marijuana within the same sentence.

The people that come up with such nonsense crack me up.







Anonymous said...

Well like I said a few days ago we’ll know sometime in late June probably just about the time prop 65 was supposed to start. And if the S.C. stabs voters in the back why the legislature is waiting in the wings with SB2767. And if anyone thought they would be as generous to voters just read the bill. Instead of many cultivators only four in the entire state. And only after they pony up 200 grand, have another 250 grand in liquid assets and has the ability to handle 10 million dollars or more. Well that sounds fair!! Oh and dispensaries we’ll only one in each county unless they have a population of 50k or more and after they pony up $2500.00. All taxed with a profit in mind for schools of course. Yes sir ree this doesn’t sound as corrupt as the day is long. But hey consider yourselves lucky they even made time to write the bill. Maybe if the public sends enough of our beloved legislators home for good they will wake up....... but don’t bet on it!!

Anonymous said...

"While it really hasn't been on their desk for a year, the five months is adequate time for an 'expedited' case. Yes, they could and should do that this week. January 30, 2021 at 5:27 PM"

Reading comp issues? Earlier post did not claim it had 'been on their desk for a year'. Post said he was illegally elected over a year ago and that the case has languished. Next week it will still languish.

But we all know who Banks' brother is and the power both wield.

Anonymous said...

You peeps are deluded if you believe the mayor up in Madison has any interest at all in the initiative-referendum process, medical marijuana/65 or the 20% rule. She's all about control, domination and being queen of an authoritarian monocracy. Period.

65, if it is to be implemented as some read it, would represent a threat to her lifetime of control. Her head suffered mild explosions at the mere thought of a business opening over which she has no control or the ability to restrict.

If she is suing in both her individual and professional capacity, how much of HER money is in it?

Kingfish said...

Someone explain why the referendum results should mean anything to the Court.

Anonymous said...

Good Pernt, 12:46. It's irrelevant.

But...We Want Weed...in 3..2..1

Anonymous said...

Y'all know the MS Supreme Court is going to invalidate this referendum don't you? The writing is on the wall. If they weren't going to touch it, they would have denied the initial petition for a writ of prohibition with an order. Instead, they granted interlocutory appeal, sua sponte, and have now granted oral arguments. They don't give a damn what the public thinks or wants. It's all about their personal beliefs. They are as judicial dishonest as they come. The only recourse will be to vote them out when they are up for election again, but by then, most of the people will have forgotten it, and elect them again. What a shame. The will of the people overridden by the majority of 9 justices.

Approach The Bench said...

7:59 - How do you explain away (or ignore) the fact that the process was legally flawed? After all, that's what this whole thing turns on...and nothing else.

If a municipal ordinance states that there shall be no more than one traffic signal every half mile on B Street and suddenly there's three in one half mile section and I file suit but 80% of the people in town come together and vote to have as many as are wanted....should the court ignore the ordinance and go with what 80% voted for? Of course not, idiot. Your argument falls flat on that same basis.

Anonymous said...

Actually 9:43 your dead wrong. If the process was legally flawed it’s because the legislature made sure it was flawed. The legislature had the opportunity to fix the fifth congressional problem for twenty years. The reason it isn’t fixed is because legislators have no intention of allowing the citizens of Mississippi the right to change the constitution. You see their just as corrupt as the higher courts. And just how the hell is a lawsuit automatically thrown into the Supreme Court. Normally a lawsuit from a no name mayor has to travel through the lower courts and be lost before its pushed up to the Supreme Court. I wonder just how that happened? Perhaps you should look in the mirror and ask yourself if you know what talking about before calling someone an idiot. If anything @7:59 is absolutely correct in every word!!!

Kingfish said...

Why don't you go read the law? The Supreme Court has immediate jurisdiction over such challenges.

Anonymous said...

kf, It is not treated as a prescription drug. The language specifically says it is not a prescription.

Tylonel, Advil, etc are taxed. Prescriptions are not. Prescriptions have: a specified doseage, how often the drug is to be taken, how long the prescription is good for, and what form the drug is to be done (oral, tablet, etc.

This so called 'medical' marijuana is not subject to any of those things - the 'patient' gets a license (not a prescription) that allows him to purchase 2.5 ounces every 14 days, forever. He can buy straight weed, or gummies, or whatever he wants. He can take it all at once or spread it out and smoke a joint every 2 hours, Or use all of his 15 daily joints after the sun goes down.

You can use their talking points about "prescriptions aren't taxed" but that's all it is - a talking point.

If we had a real medical marijuana statute, developed with the input of physicians, it could be treated differently whereby the docs would actually specify how much, when and how. Then you might could call it a prescription - but right now, that's a 'smoke' screen.

Anonymous said...

6:52 "perhaps' you should go read the law before you start trying to practice it here. Staying in a Holiday Inn last night isn't enough.

The case goes to the Supreme Court because the constitutional section that established I&R says that a case regarding the certifying of the petititons GOES STRAIGHT TO THE SUPREME COURT.

Yes, if one wanted to challenge any other part of the process, it would go to Hinds County Court first, and then be appealed.

But - just as with everything else in life, there are exceptions. And this is one. In fact, it was argued early on in this process (Watson's brief, filed by Fitch's office) made the case, and were shot down by the facts.

To quote someone from above "Perhaps you should look in the mirror and ask yourself if you know what talking about before calling someone an idiot."

Perhaps.

Anonymous said...

There are two other ballot initiatives, voter ID and laws on eminent domain that would also get overturned. As they used the same process. If I am not mistaken. Perhaps that is the goal of the mayor.
However, the most comical thing is senate bill 2765. One of among many requirements is that you have 10 million dollars liquid to grow. For reference this is roughly the amount of money it takes to open your own bank. A couple other highlights, you have to have a pharmacist on staff, and it places draconian restrictions on CBD which is federally legal. However, the bill just not stop at marijuana, not only does regulate and increase penalties on marijuana the bill seeks to clarify and increase penalties on completely unrelated substances. With mandatory minimum jail times. These are not even the most egregious parts of the bill! To be honest I have never seen such a ridiculous bill in my life. Kevin Blackwell should resign for being a clear enemy of the people of Mississippi.
In fact anyone who opposes the will of the people should be held accountable in the next election cycle. Any lawmaker or judge who is against initiative 65 is clearly not for the people.
Link below to senate bill 2765. Read and see how ridiculous this bill is.
http://billstatus.ls.state.ms.us/documents/2021/html/SB/2700-2799/SB2765IN.htm

Anonymous said...

724 - read Fillingne's bill. That is the one that will move through the Senate .

And no - Mayor Nary's petition to the Supreme Court would not affect either Voter ID or Eminent Domain petitions. If nothing else, the argument of latches would actually apply to them. While the situations are similar - 5 vs 4 districts, or as Watson's latest response says we now have 9 congressional districts - that wasn't raised timely in either of those petitions.



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