When will medical marijuana start in Mississippi? Here’s what’s next for Initiative 65
Mississippians voted overwhelmingly to bring medical marijuana to the state under Initiative 65.
The outcome is a rebuke to state legislators, who offered an alternative medical marijuana initiative, and state leaders like Gov. Tate Reeves and U.S. Rep. Steven Palazzo who spoke out against the initiative.
One of those leaders, State Health Officer Dr. Thomas Dobbs, now finds himself in charge of administering the medical marijuana program he urged Mississippians to reject. Initiative 65 calls for the Mississippi State Health Department to have the program running by August 2021.
Here’s what you should know about medical marijuana in Mississippi, based on the text of Initiative 65.
Can I get a medical marijuana prescription now?
No. The state department of health is required to start issuing identification cards to medical marijuana patients and licenses to treatment centers by Aug. 15, 2021.
The department says they’re working on figuring out the details and next steps now.
“We are now in the planning stages of reviewing the various elements needed to implement a successful marijuana program,” said Liz Sharlot, communications director at MSDH.
Can any doctor write a certification?
Yes. The law allows any doctor with a license to practice in Mississippi to certify that a patient suffers from “a debilitating medical condition” and should receive medical marijuana.
The certification can only be made after an in-person examination in Mississippi.
Certifications are valid for 12 months, unless the doctor chooses a shorter time period.
How much will it cost to acquire medical marijuana?
Initiative 65 sets the cost of receiving an identification card from the state (a prerequisite for obtaining medical marijuana) at no more than $50.
Then, patients will have to pay for the drug at a licensed treatment center.
Prices will vary depending on the product, and since Initiative 65 does not cap the number of dispensaries, market competition will also affect prices.
What kinds of marijuana items will be available?
As one opponent put it during the campaign: “The products can be smokin’ it, vapin’ it, gummies, brownies” (and much more).
That is to say, Initiative 65 doesn’t place any restrictions on the types of marijuana products you can get with a medical marijuana identification card.
What will Initiative 65 cost the state?
The first year, the Legislative Budget Office expects the program to cost the state about $24 million, including the cost of plants, issuing licenses and monitoring the program, and collecting revenue.
The anticipated revenue from ID card fees, issuing commercial licenses and a 7% sales fee is expected to be $13 million, for an overall cost to the state of about $11 million.
After the first year, the Office anticipates annual expenses will be just over $15 million, with annual revenue of about $26 million.
The law also allows the medical marijuana program to borrow $2.5 million from the state treasury to get the program set up. The loan must be repaid with revenue from medical marijuana.
What will happen to the money medical marijuana brings in?
According to the text of Initiative 65, all of it must be used to continue running the medical marijuana program. That was a big criticism of opponents of Initiative 65. The Legislative Budget Office expects the program to run an annual surplus of almost $11 million, after covering the expenses of administering the program. It’s unclear exactly what that extra money could be put toward.
Jamie Grantham, communications director for Mississippians for Compassionate Care, the group that spearheaded the Initiative 65 campaign, said the money could be used by the health department “for other health programs and initiatives.”
Sharlot said the health department could not yet say how any surplus revenue might be spent.
“We are working very hard conducting assessments and planning to meet the aggressive timeframe of August 2021,” she said in an email.
Is Initiative 65 a done deal?
Not quite. The mayor of Madison has asked the state Supreme Court to invalidate Initiative 65 on procedural grounds.
A state law written when Mississippi had five congressional districts instead of four says that, for an initiative to qualify for the ballot, the number of signatures from any single congressional district must not exceed one fifth of the total.
But with only four congressional districts, it’s mathematically impossible to adhere to that rule.
Mayor Mary Hawkins Butler argues that this means that Initiative 65 shouldn’t have been on the ballot, and that it’s actually impossible to create a constitutionally valid ballot measure unless the law is changed or Mississippi gets another congressional district.
The court gave the Secretary of State the deadline of Friday, Nov. 6 to respond to the mayor’s complaint.
How will Mississippi’s program compare to other states?
There are some key differences with the programs operating in the 33 other states plus the District of Columbia. Here are contrasts with a few:
- Louisiana has a much more restrictive medical marijuana program. It caps the number of dispensaries at nine, spread out around the state. So far, it has taken in far less revenue annually than Mississippi’s program is projected to produce. Louisiana also bars smoking marijuana. Finally, their program enumerates the medical conditions for which a person can get medical marijuana, and there’s no provision for a condition “of the same kind or class” as there is in Mississippi.
- Oklahoma may be the closest model, and Dobbs has cited it as a cautionary tale. But where the tax on medical marijuana in Mississippi will be capped at 7% and required to help fund the administration of the program, Oklahoma allows localities to impose their own taxes on marijuana, for a total tax rate of 16%, one of the highest in the country. The extra revenue after administration costs goes towards education and drug and alcohol rehab programs. In Oklahoma, patients can get medical marijuana after a teleconference consultation with a doctor. That’s not allowed under Initiative 65.
- Arkansas caps the number of licenses for growers at five and for dispensaries at 32, with the possibility of expansion. Extra revenue after the costs of administering the program are paid revert to the general fund.
What’s next for marijuana policy in Mississippi?
It’s not clear yet. Initiative 65 proponents kept a tight focus on medical marijuana and insisted they had no plans to push for recreational marijuana in Mississippi.
Supporters also largely avoided talk of broader drug policy reforms or plans to ensure the financial benefits of the new industry flow to Black Mississippians who have been disproportionately affected by harsh drug laws.
But the resounding victory for medical marijuana could indicate that attitudes towards the drug are shifting, possibly providing support for reforms that reduce criminal penalties for marijuana offenses. Missisippi’s incarceration rate far surpasses the United States average, and one 2018 report called drug offenses a “leading driver” of overall incarceration.
“The Legislature has begun the path of criminal justice reform,” said Brett Kittredge, director of marketing and communications for the Mississippi Center for Public Policy. “They’ve made good changes over the past half decade. But we don’t think we’re anywhere near where we need to be.”
This story was originally published November 5, 2020 at 5:50 AM.
