Marijuana has been controversial in the United States for decades. While marijuana is considered by many to be a largely recreational substance, whether or not it is legalized, this is not strictly the case. Many individuals have been prescribed and successfully use marijuana on medical bases. However, many states continue to debate the benefits of medical marijuana legalization. Generally, if a state legalizes medical marijuana, the potential pathway for the legalization of recreational marijuana usage is opened. This perception, though not always true, can make it more difficult for lawmakers to legalize medical marijuana usage. Certainly, the path to legalized medical marijuana has not been straightforward in Mississippi. Although it was approved in Mississippi's state constitution in November 2020, Mississippi's medical marijuana program is currently facing many challenges that could be difficult to prevail over. Initiative 65 was an amendment approved by 74% of voters, with both grassroots and bipartisan support. Indeed, the amendment had existed for years before finally being approved. Mandating and specifying a state medical marijuana program, Initiative 65 potentially opened the door for a more practical approach to medical marijuana in the state of Mississippi. But it nonetheless still has its opponents, which is why Initiative 65 could still now fail, despite that seemingly overwhelming show of support from voters.
The Obstacles Facing Initiative 65
The reality is that Initiative 65 could have been approved years prior. But opponents of the amendment argue that is extremely close to legalizing recreational marijuana usage, and that it disproportionately favors the marijuana industry. The amendment does create a program that lacks oversight from elected officials. Rather, the Mississippi State Department of Health would be in charge of the state's medical marijuana program. Another issue that opponents have a problem with is the fact that Initiative 65 prevents the standard taxation of marijuana. The Mississippi State Department of Health can only use fees collected through the program to be used to run and expand the program itself. State taxpayers would not benefit directly from these fees. There would be no limits on the number of dispensaries allowed in the state, and additionally, there would be very little regulation by local governments allowed. This leaves some opponents feeling unmoored and uncertain about the program. They would argue that it is simply not specific enough, and these shades of gray can allow for a lot of potential problems in the long term. This could potentially make Mississippi one of the more lax states in the nation regarding medical marijuana regulation, or indeed the regulation of marijuana in general. This would be a sharp change for the state, which typically has had fairly strict marijuana laws. Individuals that sell up to 30 grams of marijuana in Mississippi can face felony charges, as well as up to three years in prison and/or a $3,000 fine. In contrast, for example, Missouri counts the possession of under 35 grams of marijuana as a misdemeanor offense. By Mississippi standards, this medical marijuana program would therefore be a fairly radical change. Although it would not technically legalize the recreational use of marijuana, the lack of specifics in Initiative 65 could make it possible for individuals to obtain medical marijuana for recreational usage. While this is always a potential problem when medical marijuana is legalized, the vagueness of Mississippi's program could make the issue more pronounced. The issue is that voters do not necessarily want an alternative to Initiative 65, as demonstrated by a vote held at the last minute before the November approval. Lawmakers attempted then to introduce an alternative measure that would have allowed for more state oversight and taxation. Voters had little interest in this, and it was rejected. Now, Initiative 65 is set to be litigated before the Mississippi Supreme Court in April, with Mary Hawkins Butler, the Mayor of Madison, arguing that voters would not properly be advised of what the initiative entails. Additionally, she suggests that the state's initiative process is flawed, invalidating the procedures through which Initiative 65 was approved. However, Butler is not acting alone. There is also the Health Department to consider. The Health Department is already facing a pandemic; but even before then, it was understaffed and underfunded, making its ability to embrace and run a medical marijuana program like the one presented in Initiative 65 questionable. Mississippi and American medical associations have joined the Health Department in arguing for the initiative to be overturned. The issue is, of course, that if the initiative proceeds these are the same organizations that would be responsible for running the medical marijuana program.
The Future of The Medical Marijuana Program
If the program proceeds as originally planned, the goal would be for the Health Department to begin issuing dispensary licenses and patient ID cards by August 15 of this year. Potentially, this could mean that everyone prescribed medical marijuana could begin filling their prescriptions fairly soon. With 2017 seeing 17.2% of all Americans being covered by Medicare, medical marijuana prescriptions could very well be covered under these benefits. Lawmakers are attempting to offer a new alternative to Initiative 65, which would still allow voters to get the medical marijuana program they appear to want. Senate Bill 2765 exists in part because Initiative 65 may very well be turned over by the Mississippi Supreme Court. This way, voters will still get to have a medical marijuana program either way, and in this case, one that Mississippi lawmakers may be more universally comfortable with. However, if Initiative 65 was upheld, the state would need to contend with having two parallel medical marijuana programs in coexistence. Under the new bill, medical marijuana would be taxed and money collected by the state through medical marijuana would move to fund education. There is a need for medical marijuana. Chronic disorders like temporomandibular joint and muscle disorder, which affects between 5% and 12% of people, as well as treatments that cause pain and illness, like chemotherapy, can be soothed by medical marijuana. But it has to be properly managed by state governments, and in a manner that satisfies voters and lawmakers alike. Therefore, it remains to be seen what Mississippi's outcome will be.
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