Mississippi Ballot Measure 1, Initiative 65 and Alternative 65A, Medical Marijuana Amendment (2020)

Mississippi Ballot Measure 1
Election date November 3, 2020
Topic Marijuana
Status ot Overturned
Type Constitutional amendment	Origin Citizens
List of Mississippi measuresBallot Measure 1 (Initiative 65 and Alternative 65A)Ballot Measure 2Ballot Measure 3Submit

Mississippi Ballot Measure 1, (Initiative 65 and Alternative 65A) two versions of a medical marijuana amendment, were on the ballot in Mississippi on November 3, 2020. Initiative 65 was an indirect initiated constitutional amendment and Alternative 65 was referred to the ballot alongside Initiative 65 as an alternative measure by the state legislature. Initiative 65 was approved. On May 14, 2021, the Mississippi Supreme Court ruled that the initiative was invalid because it did not comply with the signature distribution requirements in the Mississippi Constitution. For more information on the lawsuit and invalidation, click here.

Voting "either measure" signified that the voter wanted either Initiative 65 or Alternative 65A to pass, thereby allowing the use of medical marijuana by qualified patients. The voter then needed to proceed to the second question to choose their preferred version.

Voting "neither measure" (against both) signified that the voter wants neither Initiative 65 nor Alternative 65A to pass. The voter could then proceed to the second question to choose their preferred version in the event the "either" option gets more votes.

Voters next chose between Initiative 65 or Alternative 65A, regardless of their answer to the first question. Voters who chose "either" in the first question needed to answer the second question for their ballots to be valid. Voters who answered "neither" were able to but did not need to answer the second question for their ballots to be counted.

Voting for Initiative 65 supported approving the medical marijuana amendment as provided by Initiative 65, which was designed to allow medical marijuana treatment for more than 20 specified qualifying conditions, allow individuals to possess up to 2.5 ounces of marijuana at one time, and tax marijuana sales at the current state sales tax rate of 7%.

Voting for Alternative 65A supported approving the legislature's alternative medical marijuana amendment, which was designed to restrict smoking marijuana to terminally ill patients; require pharmaceutical-grade marijuana products and treatment oversight by licensed physicians, nurses, and pharmacists; and leave tax rates, possession limits, and certain other details to be set by the legislature.

Since there were more votes for "either" than for "neither" in the first question, the version that received majority approval in the second question—Initiative 65—was enacted since it also received approval from at least 40% of the ballots cast at the election.

Aftermath

2022 medical marijuana bill

After the 2020 medical marijuana initiative and the state's initiative process were invalidated in 2021, the Mississippi State Legislature passed legislation to create a medical marijuana program in 2022. The legislature gave final approval to Senate Bill 2095 on January 26, 2022. The bill was passed in the Senate by a vote of 46-6 and in the House by a vote of 104-13. The governor signed the bill on February 2, 2022, and the bill became effective immediately. Under the bill, a person with a medical marijuana prescription can obtain up to 3.5 grams of marijuana per day. The bill also provided for taxation on the sale and production of marijuana products and provides for conditions under which plants may be grown indoors. The text of the 445-page bill can be found here.

City of Madison lawsuit

See also: City of Madison vs. Mississippi Secretary of State Michael Watson

On October 26, 2020, the City of Madison, Mississippi, filed a lawsuit against Initiative 65 in the Mississippi State Supreme Court asking the court to invalidate the measure and not count any votes cast on it at the November 3 election. The city of Madison and Mayor Mary Hawkins Butler alleged that the Secretary of State unlawfully certified the measure in violation of Section 273 of Article 15 of the Mississippi Constitution. Section 273 states "The signatures of the qualified electors from any congressional district shall not exceed one-fifth ( 1/5 ) of the total number of signatures required to qualify an initiative petition for placement upon the ballot." Oral arguments in the state supreme court were heard on April 14, 2021.

On May 14, 2021, the Mississippi Supreme Court ruled 6-3 that Ballot Measure 1— (Initiative 65), which was approved by 74% of voters at the 2020 general election— was insufficient because it did not comply with the signature distribution requirements in the Mississippi Constitution and held that any subsequent proceedings regarding the initiative are void.

For more information on the lawsuit filed against the measure by the City of Madison, click here.

Alternate medical marijuana bill (Senate Bill 2765), 2021 (failed)

On February 12, 2021, the Mississippi State Senate passed Senate Bill 2765, which was designed to replace Initiative 65 and take effect if Initiative 65 is ruled unconstitutional by the Mississippi Supreme Court, stemming from litigation filed by the city of Madison. The measure was passed in the Senate but 'was not passed in the House. SB 2765 would have allowed patients to have up to 2.5 ounces of medical cannabis in a 14 day period and would tax marijuana sales at 7%, the same as Initiative 65. SB 2765 also included provisions prohibiting landlords or schools from refusing to house or enroll a person solely for their status as a medical marijuana cardholder. It would also have prohibited a parent from being denied custody or visitation of a child due to their status as a medical marijuana cardholder. The bill would have increased the distance, from 500 feet to 1,500 feet, that a medical marijuana establishment must be from a school, church, or daycare.

State Rep. Joel Bomgar (R), who supported Initiative 65, offered an amended version of SB 2765, which was a copy of Initiative 65 as passed by voters. House minority leader Robert Johnson III said, (D) “I’m interested in seeing [Senate Bill 2765] die — I think it just did die. The people have spoken, with a constitutional amendment about medical marijuana, and that bill went against the spirit of what the people decided.” Jessica Rice, director of the Mississippi Cannabis Trade Association, said, "Our position is that the people have already had an option to vote on a legislatively created program, and they chose not to. Just because this is up before the Supreme Court does not give the Legislature a second bite at the apple … I think this is about control — they want to be able to be in control of the program, but people have already rejected that.”

Special session to address medical marijuana

On September 23, 2021, legislators agreed on a draft bill to establish a medical marijuana program in Mississippi, set to include all qualifying conditions listed in Initiative 65 as well as others, including hepatitis, Alzheimer's, and spastic quadriplegia. Smoking marijuana would be allowed under the draft legislation. Growing marijuana at home would not be allowed under the bill. Legislative leaders requested that the governor call a special session of the legislature, which would begin on October 1, if approved by Governor Tate Reeves (R).

Election results

In the first chart below, "yes" vote corresponds to votes for "either" and "no" votes correspond to votes for "neither."

Mississippi Ballot Measure 1
Result		Votes	Percentage
Yes		816,107	68.52%
No		374,931	31.48%

Results are officially certified.

Source

Mississippi Ballot Measure 1: Initiative 65 or Alternative 65A
Result		Votes	Percentage
a Initiative 65		766,478	73.7%
d Alternative 65A		273,805	26.3%

The 766,478 votes cast in favor of Initiative 65 amounted to 57.89% of the votes cast at the election; the measure needed at least 40% to be enacted. There were 281,626 undervotes.

Overview

How did Initiative 65 and Alternative 65A get on the ballot?

See also: Path to the ballot

The Medical Marijuana 2020 campaign, sponsors of Initiative 65, submitted more than 214,000 signatures—105,686 of which were valid— in September 2019. The initiative was then filed with the state legislature according to Mississippi's indirect initiative process. The legislature had three options: it could (a) choose to adopt the initiative by a majority vote in each house, (b) reject the initiative, or (c) place an alternative measure on the ballot alongside the original initiative. Regardless of whether the legislature adopts or rejects the measure, the proposed amendment proceeds to the ballot.

The Mississippi State Legislature passed House Concurrent Resolution 39 as a legislative alternative to the initiative, which will appear on the ballot as Alternative 65A. The vote was 72-49 in the House on March 10, and 34-17 in the Senate on March 12, 2020.

What was the difference between Initiative 65 and Alternative 65A?

See also: Measure design of Initiative 65 and Measure design of Alternative 65A

Initiative 65 and Alternative 65A were both designed to amend the Mississippi Constitution to provide for the establishment of a medical marijuana program in Mississippi for individuals with a debilitating medical condition.

Initiative 65 was designed to allow medical marijuana to be recommended for patients with at least one of the 22 specified qualifying conditions including cancer, epilepsy or seizures, Parkinson's disease, post-traumatic stress disorder (PTSD), Crohn’s disease, HIV, and more. Patients could have, under Initiative 65, possessed up to 2.5 ounces of medical marijuana at one time. Marijuana sales under Initiative 65 would have been taxed at the state's sales tax rate, which was 7% as of 2020.

Alternative 65A did not specify qualifying conditions, possession limits, or a tax rate. Many details would have needed to be set by the state legislature. Alternative 65A would have restricted the ability to smoke marijuana to terminally ill patients.

The differences between Initiative 65 and Alternative 65A are summarized in the following chart:

Provision	Initiative 65	Alternative 65A
Number of qualifying conditions	22 specified; more may be established at a later date	none specified
Possession limits	2.5 ounces at once	none specified
Ability to smoke marijuana	prohibited in public places	restricted to terminally ill patients
Taxes on marijuana sales	taxed at state sales tax rate (7% as of 2020)	no tax rate specified
Cost for medical marijuana patient ID cards	capped at $50	no cost specified
Administrating agency	Mississippi Department of Health	not specified
Deadline for medical marijuana cards to be issued	August 15, 2021	no date specified

What is the status of medical marijuana in the United States?

See also: Background

As of 2020, 33 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 13 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.

The federal government has classified marijuana as an illegal controlled substance since 1970. Marijuana is a Schedule I drug under the Controlled Substances Act (CSA). As of 2020, the possession, purchase, and sale of marijuana were illegal under federal law. CBD derived from hemp containing less than 0.3% THC (tetrahydrocannabinol) was legalized at the federal level effective January 1, 2019, after President Donald Trump (R) signed the Agriculture Improvement Act (also known as the Farm Bill) into law on December 20, 2018.

Measure design of Initiative 65

Initiative 65, which was approved in 2020 and overturned by the Mississippi Supreme Court in 2021, was designed to amend the constitution to provide for a medical marijuana program in Mississippi under the direction of the Mississippi Department of Health. Individuals with a debilitating medical condition could have sought certification from a Mississippi-licensed physician to obtain medical marijuana. Marijuana sales would have been taxed, under the initiative, at a rate not to exceed the state's sales tax rate, which was 7% as of 2020. Medical marijuana patient identification cards would have cost up to $50.

Qualifying conditions

The initiative would have defined debilitating medical condition as "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."

Possession limits

The measure would have provided that no qualified patient could possess more than 2.5 ounces of medical marijuana at one time and that no more than 2.5 ounces could be provided to a patient in a 14-day period. The weight limit would not have included ingredients combined with medical marijuana to prepare edible products, topical products, ointments, oils, tinctures, or other products.

Other provisions

Under the measure, no medical marijuana treatment center could have been located within 500 feet of a school, church, or child-care establishment.

Nothing in the measure would have required a physician to issue a certification for a patient to obtain medical marijuana.

The Mississippi Department of Health was charged under Initiative 65 with implementing the provisions of the amendment and issuing rules and regulations for the program by July 1, 2021. The Department would have been required under Initiative 65 to issue identification cards and licenses for treatment center by August 15, 2021.

Measure design of Alternative 65A

Alternative 65A, the state legislature's proposed alternative to Initiative 65, would have amended the constitution to provide for a medical marijuana program in Mississippi. Alternative 65A would have required the medical marijuana program to "be based on sound medical principles" and be designed and run by a state agency using input from health professionals in designing the program. Under Alternative 65A, marijuana products would have needed to be produced by state-licensed manufacturers at a pharmaceutical grade. Under Alternative 65A, marijuana could not be smoked except by those with terminal medical conditions as certified by a healthcare professional. Treatment would have needed to be overseen by licensed physicians, nurses, and pharmacists. The program under Alternative 65A would have had a registry of enrolled patients, a process for patient tracking, and assessment of treatment outcomes.

Text of measure

An image of the sample ballot section for Ballot Measure 1

The image on the right shows how Ballot Measure 1 (Initiative 65 and Alternative 65A) appeared on the ballot and the ordering of the questions voters answer. Below are the ballot titles, ballot summaries, fiscal impact statements, and full constitutional language changes for both Initiative 65 and Alternative 65A.

Ballot question

The ballot questions for Ballot Measure 1 that appeared on the ballot were as follows:

Measure	Ballot question
Initiative 65	“ Should Mississippi allow qualified patients with debilitating medical conditions, as certified by Mississippi licensed physicians, to use medical marijuana? ”
Alternative 65A	“ Shall Mississippi establish a program to allow the medical use of marijuana products by qualified persons with debilitating medical conditions? ”

Ballot summary

Measure	Ballot summary
Initiative 65	“ Initiative Measure No. 65 proposes to amend the Mississippi Constitution to allow qualified patients with debilitating medical conditions, as certified by Mississippi licensed physicians, to use medical marijuana. This amendment would allow medical marijuana to be provided only by licensed treatment centers. The Mississippi State Department of Health would regulate and enforce the provisions of this amendment. ”
Alternative 65A	“ This constitutional amendment is proposed as a legislative alternative measure to Initiative Measure No. 65 and would establish a program to allow the medical use of marijuana products by qualified persons with debilitating medical conditions. ”

Fiscal impact statement

The fiscal impact statements for Ballot Measure 1 that appeared on the ballot were as follows:

Measure	Legislative Budget Office Fiscal Analysis
Initiative 65	“ The overall cost to Mississippi for the first year is estimated to be $11,068,150. The anticipated expenses for the first year to implement a medical marijuana program is $24,068,150 (Plants - seeds to Sale: $5,000,000; Licensing, Monitoring, Inspection: $16,220,150; and Cost to Collect Revenue: $2,848,000). The anticipated revenue is $13,000,000, (User ID Cards: $2,500,000; Commerical Licenses: $500,000, and sales fee at 7 percent: $10,000,000). ”
Alternative 65A	“ The cost or revenue impact associated with this initiative is undeterminable. ”

Constitutional changes

See also: Mississippi Constitution

The constitutional changes proposed by Initiative 65 and Alternative 65A were as follows.

Initiative 65:

Note: Hover over the text and scroll to see the full text.

Section 1.

The purpose of this article is to ensure the availability of and safe access to medical marijuana for qualified persons with debilitating medical conditions.

Section 2.

(1) Except as otherwise provided for in this article, a qualified patient or caregiver shall not be subject to criminal or civil sanctions for the use of medical marijuana, obtained from a medical marijuana treatment center, for a debilitating medical condition.

(2) Except as otherwise provided for in this article, a physician shall not be subject to criminal or civil sanctions solely for issuing a physician certification to a person diagnosed with a debilitating medical condition.

(3) Except as otherwise provided for in this article, a medical marijuana treatment center and its officers, owners, operators, employees, contractors, and agents shall not be subject to criminal or civil sanctions for processing medical marijuana in compliance with regulations prescribed by the department.

Section 3.

(1) Except as otherwise provided for in this article, nothing in this article shall:

(a) Affect or repeal laws relating to the use of marijuana that is not intended for use for a debilitating medical condition.

(b) Authorize the use of medical marijuana for anyone other than a qualified patient, and, where authorized by this chapter, for caregivers and officers, owners, operators, employees, contractors, and agents of treatment centers.

(c) Permit a person to operate any motor vehicle, aircraft, train, or boat while consuming or impaired by medical marijuana.

(d) Require accommodation for the use of medical marijuana or require any onsite use of medical marijuana in any public or private correctional institution, detention facility, or place of education, or employment.

(e) Require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the use of medical marijuana.

(f) Override any public laws, ordinances, regulations, or rules or any private rules, regulations, or provisions related to smoking in or on public or private places.

(g) Affect any existing drug testing laws, regulations, or rules.

(2) It is unlawful for any person to smoke medical marijuana in a public place. Any person who violates this subsection may, upon conviction, be punished by a fine of not more than One Hundred Dollars ($100.00).

Section 4.

For purposes of this article, the following terms shall have the following meanings: (1) “Caregiver” shall mean a person who is at least twenty one (21) years of age, who complies with the regulations prescribed by the department, and who assists with a qualified patient’s use of medical marijuana. The department may limit the number of qualified patients a caregiver may assist at any one time. A qualified patient may have more than one caregiver. A caregiver is prohibited from consuming medical marijuana provided for use by a qualified patient.

(2) “Criminal or civil sanctions” shall mean arrest; incarceration; prosecution; penalty; fine; sanction; the denial of any right, privilege, license, certification; and/or to be subject to disciplinary action by a licensing board or commission; and/or to be subject to seizure and/or forfeiture of assets pursuant to any Mississippi law, local ordinance, or board, commission, or agency regulation or rule.

(3) “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.

(4) “Department” shall mean the Mississippi State Department of Health or its successor agency.

(5) “Medical marijuana” shall have the meanings given as of July 1, 2018 in Section 41-29-105(r) and/or Section 41-29-105(o), of the Mississippi Code of 1972, and which is used to treat the symptoms and/or effects of a debilitating medical condition as provided for in this article.

(6) “Medical marijuana identification card” shall mean a document, prescribed by and issued by the department, which identifies a person as a qualified patient or caregiver or officer, owner, operator, employee, contractor, or agent of a medical marijuana treatment center.

(7) “Medical marijuana treatment center” shall mean an entity that is registered with and licensed and regulated by the department and that processes medical marijuana, related supplies, and/or educational materials. A treatment center may engage in one or more of the activities involved in the processing of medical marijuana.

(8) “Physician” shall mean a person with a valid Doctor of Medicine or Doctor of Osteopathic Medicine degree and who holds an unrestricted license to practice medicine in the state of Mississippi by the Mississippi Board of Medical Licensure, or its successor agency.

(9) “Physician certification” shall mean a form approved by the department, signed and dated by a physician, certifying that a person suffers from a debilitating medical condition for which the use of medical marijuana may mitigate the symptoms and/or effects. The certification shall remain current for twelve months, unless the physician specifies a shorter period of time, and shall be issued only after an in-person examination of the patient in Mississippi. A certification shall only be issued on behalf of a minor when the minor’s parent or guardian is present and provides signed consent. Nothing herein shall require a physician to issue a certification.

(10)“Process” shall mean to acquire, administer, compound, convert, cultivate, deliver, develop, disburse, dispense, distribute, grow, harvest, manufacture, package, possess, prepare, process, produce, propagate, research, sell, test, transport, or transfer medical marijuana or any related products such as foods, tinctures, aerosols, oils, or ointments.

(11)“Qualified patient” shall mean a person who has been diagnosed with a debilitating medical condition and who has been issued a physician certification.

(12)“Use” shall mean the acquisition, possession, preparation, use or use with an accessory, delivery, transfer, or administration of medical marijuana by a qualified patient or caregiver. For purposes of this chapter, “accessory” shall have the meaning given in Section 41-29-105(v) of the Mississippi Code of 1972, as of July 1, 2018.

Section 5.

(1) The department shall implement, administer, and enforce the provisions of this article and shall issue reasonable rules and regulations, pursuant to the Mississippi Administrative Procedures Act, in the discharge of its responsibilities.

(2) The department shall prescribe reasonable rules and regulations pursuant to this section that shall include, but not be limited to, tracking and labelling of medical marijuana; qualifications for and safe and secure processing of medical marijuana by medical marijuana treatment centers; restrictions on advertising and marketing; issuance of medical marijuana identification cards; standards for testing facilities; use of medical marijuana in nursing homes, hospices, and assisted living facilities; reciprocal agreements with other states for patients registered in medical marijuana programs; qualifications of and limitations on caregivers and officers, owners, operators, employees, contractors, and agents of treatment centers; implementation and operation of a statewide data base system to support the utilization of identification cards; and penalties for violations of this article.

(3) The rules and regulations may include a reasonable fee of up to Fifty Dollars ($50.00) for issuing an identification card and reasonable fees for licensing treatment centers, which shall be fixed by and paid to the department, pursuant to Section 6.

(4) The rules and regulations shall not limit the number of licensed medical marijuana treatment centers nor set the price of medical marijuana.

(5) The rules and regulations shall require the department to issue an identification card or a license for a treatment center within a reasonable time following an application for a card or license.

(6) The department shall issue a qualified patient a medical marijuana identification card upon presentation of a physician certification. Such card shall be renewed, as applicable, upon presentation of a new physician certification, but in no case shall a card have an expiration term longer than twelve (12) months. A qualified patient is authorized to receive medical marijuana from a treatment center upon presentation of his or her identification card.

(7) The department and medical marijuana treatment centers shall protect the confidentiality of all qualified patients. All records containing the identity of qualified patients, caregivers, and physicians shall be confidential and exempt from disclosure under the Mississippi Public Records Act or any related statute, regulation, or rule pertaining to the public disclosure of records.

(8) The department may establish an advisory committee to assist the department in the promulgation of rules and regulations and the regulation and enforcement of the provisions of this article.

(9) The department shall adopt final rules and regulations pursuant to this article no later than July 1, 2021. The department shall begin issuing identification cards and treatment center licenses no later than August 15, 2021.

(10)To ensure timely implementation of this chapter for qualified patients, and only for activities associated with implementation and operation, the department is exempt from the Mississippi Department of Information Technology Services laws, rules, and regulations for any information technology procurements made up to Two Hundred Fifty Thousand Dollars ($250,000) for two years from the effective date of this chapter. This exemption shall not apply to any reporting requirements.

(11)The department is authorized to adopt and levy administrative fines to enforce the provisions of this article. Payment of any fines shall be deposited in the special fund created by Section 6 of this article.

(12)The department is authorized to adopt and levy the following sanctions, singly or in combination, when it finds an applicant or licensee has committed any violation of this article or department rules or regulations: revoke or suspend a license, censure a licensee, impose a fine in an amount not to exceed Five Thousand Dollars ($5,000) for the first violation and an amount not to exceed Twenty Five Thousand Dollars ($25,000) for each subsequent violation, place a licensee on a probationary status, require the licensee to file regular reports and submit to reasonable requirements and restrictions, revoke probationary status of a licensee and impose other authorized sanctions, and refuse to issue or renew a license, restrict a license, or accept a voluntary surrendering of a license. The department is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements of a licensee. The notice and hearing requirements and judicial review provisions contained in Section 43-11-11 of the Mississippi Code of 1972, as of July 1, 2018, shall apply to the denial, suspension, or revocation of a license.

Section 6.

In addition to the fees applied to issuing identification cards and licensing medical marijuana treatment centers, the department may assess up to the equivalent of the state’s sales tax rate to the final sale of medical marijuana. Revenue generated under this section or through the issuance of identification cards or the licensing of medical marijuana treatment centers shall pay for the costs incurred by the department in implementing and enforcing the provisions of this article and shall be deposited into a special fund in the state treasury to be expended by the department without prior appropriation or authorization. The department shall administer the fund and make expenditures from the fund for costs or other services or programs associated with this article. Fund balances shall not revert to the General Fund. The department shall have the authority to utilize these special funds to escalate personnel positions in the department where needed, as non-state-service, to administer and enforce the provisions of this article. Upon request of the department, the State Treasurer shall provide a line of credit from the Working Cash Stabilization Fund or any other available special source funds maintained in the state treasury in an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000), for deposit to this special fund to provide sufficient working cash to implement the provisions of this article. Any such loans shall be repaid from the available funds received by the department under this article.

Section 7. A medical marijuana identification card issued pursuant to this article shall serve to identify a person as a qualified patient or caregiver or officer, owner, operator, employee, contractor, or agent of a medical marijuana treatment center and thus exempt such person from criminal or civil sanctions for the conduct authorized by this article.

Section 8.

(1) Medical marijuana treatment centers shall not provide to a qualified patient, during any one fourteen-day period, an amount of medical marijuana that exceeds 2.5 ounces by weight. At no one time shall a qualified patient possess more than 2.5 ounces of medical marijuana. The weight limitation herein shall not include any ingredients combined with medical marijuana to prepare edible products, topical products, ointments, oils, tinctures, or other products.

(2) Medical marijuana shall only be dispensed to a qualified patient or caregiver with a current medical marijuana identification card by a medical marijuana treatment center.

(3) All contracts under this article and related to the operation of medical marijuana treatment centers shall be enforceable and rules applicable to other similar businesses by the Department of Revenue shall apply to medical marijuana treatment centers created pursuant to this article, except that the processing and use of medical marijuana shall be exempt from the application of any state and/or local sales tax or other fee, other than that authorized by this article.

(4) No medical marijuana treatment center shall be located within five hundred (500) feet of a pre-existing school, church, or licensed child care center.

(5) Except as otherwise provided in this article, any zoning ordinances, regulations and/or provisions of a municipality or county shall be consistent with Section 1 of this article and shall not impair the availability of and reasonable access to medical marijuana. 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.

No later than two years from the implementation of this article, and every two years thereafter, the department shall provide to the Legislature a comprehensive public report of the operation of this article.

Section 10.

The provisions of this article are declared to be severable, and if any provision, word, phrase, or clause of this article or the application thereof shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this article.

Alternative 65A:

Note: Hover over the text and scroll to see the full text.

Section 290. There is established a program in the State of Mississippi to allow the medical use of marijuana products by qualified persons. The program shall be structured to include, at a minimum, the following conditions and requirements:

(a) The program shall be based on sound medical principles;

(b) The program shall be administered by an appropriate state agency;

(c) The administering state agency shall seek the input of health professionals to help design the program;

(d) The program shall be limited to qualified persons with debilitating medical conditions as certified by health practitioners who are licensed under state law;

(e) Marijuana products that are used by qualified persons in the program shall be of suitable pharmaceutical quality and prepared by state-licensed manufacturers;

(f) Treatment of qualified persons in the program shall be carried out by physicians, nurses and pharmacists who are licensed under state law;

(g) The program shall provide for limited categories of marijuana preparation of suitable and verified quality standards for oral administration;

(h) The smoking of marijuana products shall be restricted to the treatment of qualified persons who have terminal medical conditions as certified by health practitioners who are licensed under state law;

(i) The program shall provide for a limited number of state-licensed manufacturers of marijuana products;

(j) The program shall have a patient registry for program enrollment, patient tracking, and treatment outcomes assessment; and

(k) The program shall provide for reporting requirements that include research, analysis, and outcomes assessment.

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Mississippi Attorney General and Mississippi State Legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 20, and the FRE is -15. The word count for the ballot title is 39, and the estimated reading time is 10 seconds.

Note: the above readability score was calculated using the ballot questions for both Initiative 65 and Alternative 65A.

Support for Initiative 65

Mississippians for Compassionate Care (Medical Marijuana 2020) led the campaign in support of Initiative 65.

Supporters

The Medical Marijuana 2020 campaign provided a full list of endorsements on the campaign’s website, which is available here.

Arguments

• Medical Marijuana 2020 campaign: "Medical marijuana is a safe and effective treatment option for a broad range of serious medical conditions and their symptoms, such as chronic pain. More than 2.8 million Americans are using medical marijuana in 34 states, and there is no reason to deny that same option for relief to Mississippians who are in chronic pain or suffer from other symptoms from debilitating medical conditions."

• Senate candidate Mike Espy (D): "I support Initiative 65 because it provides a well-regulated treatment option to those that need it. Medical marijuana can provide relief for many Mississippians who suffer from nausea during chemotherapy, arthritis, the effects of autoimmune illnesses, post-traumatic stress disorder, chronic pain, anxiety, and many other conditions.”

• A group of physicians wrote a letter in support of the initiative addressed to the Mississippi State Board of Health, in which the physicians respond to the board's arguments against the initiative. The physicians wrote, "While medical marijuana is certainly not a cure-all, Mississippians with debilitating medical conditions deserve to have this option available to them. The experiences in 34 other states show that it can be effective, and we believe the benefits of medical marijuana make it a viable treatment option for many in our state who are suffering." The physicians' full statement can be read here.

• Mississippians for Compassionate Care featured a letter signed by ten doctors that said, "We believe that we and other Mississippi doctors should have the ability to certify our patients for medical marijuana as a treatment option. Initiative 65 is the only choice on the November 2020 general election ballot that will create a well-regulated medical marijuana program in Mississippi. [,..] Some politicians have offered a competing ballot measure, Alternative 65A, that purports to also create a medical marijuana program, but, under the purview of politicians, 65A comes up short in every way and will not result in Mississippians obtaining relief.

• The people's INITIATIVE 65 specifically names 22 qualifying medical conditions including cancer, epilepsy, and multiple sclerosis. The politicians' Alternative 65A does not name any.
• INITIATIVE 65 provides legal protection for patients, caregivers, and doctors. 65A does not provide any protections.
• INITIATIVE 65 allows caregivers to help the disabled, homebound, and minors with qualifying medical conditions. 65A does not allow caregivers.
• INITIATIVE 65 establishes a framework for how a medical marijuana program will function in a highly regulated and clearly defined environment. 65A does not establish any framework and allows politicians to decide how and when a program will work."

Opposition to Initiative 65

Opponents

Opponents include the following:

• Former Mississippi Governor Phil Bryant (R)
• Mississippi State Board of Health
• Mississippi State Medical Association (MSMA)
• American Medical Association (AMA)
• Mississippi Horizon

Arguments

• Mississippi State Department of Health communications director Liz Sharlot: "The Mississippi State Board of Health is not supportive of the legalization of [Initiative 65]. It is not FDA approved, it is illegal, and has not undergone a rigorous medical review. Currently, there are no statutes on the book, so we are watching the events as they unfold."

• The Mississippi State Board of Health passed a resolution stating it is strongly opposed to the initiative. The board argued that the measure would allow "a very broad number of medical indications including such vague reasons as pain management," and that "there would be no ability to restrict the mechanisms of consumption." The board also said the measure "would assign responsibilities to the Mississippi State Department of Health far beyond the scope and mission of the agency, including oversight of agricultural production of marijuana, oversight of marijuana product processing, and tax collection." The board's full statement can be read here.

• Senator Cindy Hyde-Smith (R): "We need, first of all, something that the (Mississippi) Legislature can control. And if cities and municipalities don’t want that in their communities, they need to have some local control over that, as well. So I do oppose what is on the ballot right now."

• The Mississippi State Medical Association (MSMA) and the American Medical Association (AMA) said, "The measure would require the Mississippi State Department of Health (MSDH) to take on the responsibility of a new agriculture program as well as oversee the distribution of a substance that is illegal under federal law. In addition to longstanding concerns about the lack of rigorous medical evidence to support cannabis for medicinal use, the MSMA and AMA agree with state health officials that Initiative 65 would cause immediate harm to the state’s public health mission without any public health benefit."

• Madison County Sheriff Randy Tucker: "Law enforcement is overburdened already. I can promise you, we are pushed to the limit with the manpower, resources and the backing of the law as it is. We are fixed to open pandora's box. ... I’ve been doing this for 30 years and protecting this very community for that number of years, and I have yet to see anybody put one piece of evidence scientifically or medically in my face that says it is a medically approved drug. To call it medical marijuana, medical ice cream, whatever you put the word medical before, it doesn’t necessarily make it medical unless it is truly a medical product."

• Mississippi Commissioner of Agriculture and Commerce Andy Gipson: "The Mississippi State Department of Health already has a huge scope of authority in our lives as we are witnessing every day during the COVID-19 pandemic. Why in the name of anything decent would Mississippians vote to give complete and total control over medical marijuana to the Mississippi Department of Health? Why would we vote to give complete and total control over anything to ANY unelected state agency? ... This Initiative 65 is the exact opposite of what it means to be conservative. If you vote in support of Initiative 65 you are voting to support a state-run and state-controlled marijuana industry. Can you imagine the level of corruption that would result from such an industry in our State?"

Support for Alternative 65A

Arguments

• Mississippi Rep. Trey Lamar (R) said Initiative 65 "is not a simple medical marijuana program. It is designed to flood the market with marijuana that will lead to the state having recreational marijuana." Lamar said Alternative 65A would place more restrictions on marijuana use.
• Mississippi Rep. Jill Ford (R) said, "65A would give people who are in favor of medical marijuana a responsible pathway for accessing it."
• Mississippi Commissioner of Agriculture and Commerce Andy Gipson: "If you want to support the concept, vote against Initiative 65 and vote for the alternative 65A. At least with the alternative 65A you retain a voice through the legislative process and the ballot box. But whatever you do, don’t vote for Initiative 65. Don’t give the Mississippi Department of Health yet another stranglehold over your personal healthcare and freedom. We have enough of that already."

Opposition to Alternative 65A

Arguments

• Mississippi House Democrats said Alternative 65A "is designed to confuse voters by placing a similar initiative on November's ballot to dilute the vote to legalize medical marijuana. ... The sole intention of HCR 39 is to mislead and confuse voters and kill a measure for which the majority of Mississippians are in favor."

• Mississippi Today reported, "Rep. Joel Bomgar (R), who was one of the leaders of the citizen-sponsored initiative effort, told Rep. Trey Lamar (R) that he offered Lamar an opportunity to help craft the language in the initiative, but he refused. Instead, Bomgar said that Lamar authored the alternative in an effort to ensure medical marijuana was not approved on the November ballot. Lamar said that was not true."

• Jamie Grantham of Mississippians for Compassionate Care said Alternative 65A was an "attempt to confuse voters and deny them a fair up or down vote.” Grantham said, “The language of Alternative 65A is inadequate and fails to include basic components necessary to establish a medical marijuana program that will help patients – it does not specify any framework for a functioning medical marijuana program, a timeline for implementation, a specific list of qualifying medical conditions, nor does it even provide constitutional protections for patients, caregivers, or doctors."

Campaign finance

See also: Campaign finance requirements for Mississippi ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through December 31, 2020.

Ballotpedia identified two committee registered to support Initiative 65: Mississippians for Compassionate Care and Mississippians for Compassionate Health Care. According to the most recent available reports, which covered through December 31. 2020, the campaigns raised $7.59 million and spent $7.17 million.

Mississippi Association of REALTORS Political Initiative Committee registered to oppose Initiative 65. The committee reported $314,811 in contributions and $312,311 in expenditures.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$7,586,740.59	$0.00	$7,586,740.59	$7,171,585.88	$7,171,585.88
Oppose	$314,811.00	$0.00	$314,811.00	$312,311.00	$312,311.00
Total	$7,901,551.59	$0.00	$7,901,551.59	$7,483,896.88	$7,483,896.88

Support for Initiative 65

Committees in support of Ballot Measure 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Mississippians for Compassionate Care	$6,631,326.03	$0.00	$6,631,326.03	$6,216,171.32	$6,216,171.32
Mississippians for Compassionate Health Care	$955,414.56	$0.00	$955,414.56	$955,414.56	$955,414.56
Total	$7,586,740.59	$0.00	$7,586,740.59	$7,171,585.88	$7,171,585.88

Top donors

Below are the top donors to the committees that supported Initiative 65:

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Joel Bomgar	$2,150,000.00	$0.00	$2,150,000.00
Marijuana Leadership Campaign	$547,500.00	$0.00	$547,500.00
Trustmark National Bank	$475,000.00	$0.00	$475,000.00
New Approach PAC	$75,000.00	$0.00	$75,000.00
5020 Companies	$50,000.00	$0.00	$50,000.00
American Thermal Systems	$50,000.00	$0.00	$50,000.00
Americans for Prosperity	$50,000.00	$0.00	$50,000.00

Opposition to Initiative 65

Committees in opposition to Ballot Measure 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Mississippi Association of REALTORS Political Initiative Committee	$314,811.00	$0.00	$314,811.00	$312,311.00	$312,311.00
Total	$314,811.00	$0.00	$314,811.00	$312,311.00	$312,311.00

Top donors

Below are the top donors to the committee that opposed Initiative 65:

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
National Association of Realtors	$249,836.00	$0.00	$249,836.00
Mississippi Association of Realtors	$62,460.00	$0.00	$62,460.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

In a May survey of 602 Mississippi voters, respondents were asked whether they would vote yes on either Initiative 65 or Alternative 65A or no on both and were then asked which measure they would prefer. The following chart shows results for the question of which measure would be preferred.

Mississippi Initiative 65 and Alternative 65A
Poll	Initiative 65	Alternative 65A	Both	Neither	Don't know	Margin of error	Sample size
FM3 Research poll 5/24/20 - 5/31/20	52.0%	23.0%	5.0%	6.0%	14.0%	+/-4.0	602
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Background

Marijuana and CBD policy in Mississippi

As of 2020, Mississippi did not provide for recreational or medical marijuana. The state has a CBD (cannabidiol) program that was established through Harper Grace's Law. Cannabidiol is a non-psychoactive component of marijuana.

CBD derived from hemp containing less than 0.3% THC (tetrahydrocannabinol) was legalized at the federal level effective January 1, 2019, after President Donald Trump (R) signed the Agriculture Improvement Act (also known as the Farm Bill) into law on December 20, 2018.

Mississippi Senate Bill 3056 (2020)

On October 8, 2020, Mississippi Governor Tate Reeves (R) signed into a law a bill amending state statute to remove FDA-approved cannabidiol drugs from Schedule V of Mississippi's drug code. The bill was approved with bipartisan support with all but five members of the state legislature voting in favor of the bill.

Harper Grace's Law

In 2014, the Mississippi State Legislature passed Harper Grace's Law (House Bill 1231). The law authorized prescription CBD oil for those with certain debilitating epileptic conditions. The bill mandated that CBD oil for eligible individuals must be tested by the National Center for Natural Products Research at the University of Mississippi and be dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center. Under the bill, the CBD oil was limited to containing no more than 0.5% THC. In 2017, the legislature passed Senate Bill 2610, which allowed CBD oil to be dispensed by additional pharmacies or laboratories as long as they are "under appropriate federal and state regulatory approvals and registrations."

Medical marijuana in the United States

See also: Medical marijuana and History of marijuana ballot measures and laws

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes. In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal. Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

Unique instances

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances.

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section. Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law. Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.

Federal policy on marijuana

See also: Federal policy on marijuana, 2017-2018

The federal government has classified marijuana as an illegal controlled substance since 1970. Marijuana is a Schedule I drug under the Controlled Substances Act (CSA). According to the White House Office of National Drug Control Policy, marijuana has "high abuse potential and no approved therapeutic use through the Food and Drug Administration (FDA) process for establishing medications."

On January 4, 2018, the Trump administration rescinded the Cole Memorandum, a 2013 policy that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. Attorney General Jeff Sessions said that in deciding which activities to prosecute under federal laws, such as the Controlled Substances Act, "prosecutors should follow the well-established principles that govern all federal prosecutions. ... These principles require federal prosecutors deciding which cases to prosecute to weigh all relevant considerations, including federal law enforcement priorities set by the Attorney General, the seriousness of the crime, the deterrent effect of criminal prosecution, and the cumulative impact of particular crimes on the community."

As of 2020, the possession, purchase, and sale of marijuana were illegal under federal law.

Marijuana laws ballot measuresin 2020

See also: 2020 marijuana legalization and marijuana-related ballot measures

State ballot measures

The following is a list of marijuana-related statewide ballot measures that were on the ballot in 2020:

Ballot Measure:	Outcome:
New Jersey Public Question 1: Marijuana Legalization Amendment	a
Arizona Proposition 207: Marijuana Legalization Initiative	a
South Dakota Initiated Measure 26: Medical Marijuana Initiative	a
South Dakota Constitutional Amendment A: Marijuana Legalization Initiative	a/ot
Montana CI-118: Allow for a Legal Age for Marijuana Amendment	a
Montana I-190: Marijuana Legalization Initiative	a

Path to the ballot

See also: Laws governing the initiative process in Mississippi

The state process

In Mississippi, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 12 percent of the total number of votes cast for governor in the last gubernatorial general election immediately preceding the signature deadline—not necessarily the gubernatorial election immediately preceding the targeted election date. Beginning with the day the sponsor receives the ballot title and summary, proponents have one year to circulate petitions and receive certification from the county circuit clerks. Petitions must be submitted to the secretary of state at least 90 days prior to the beginning of the regular session—which begins in the first week of January.

The requirements to get an initiated constitutional amendment certified for the 2020 ballot:

• Signatures: 86,185 valid signatures were required.
• Deadline: The deadline to submit signatures was October 9, 2019.

Petition sponsors must submit signatures to the appropriate county circuit clerks. There are no mandatory deadlines for this review and sponsors are recommended to coordinate with local clerks to ensure timely certification. Once the circuit clerks have certified the signatures, proponents must file the entire petition with the secretary of state. Sponsors must also pay a $500 fee upon filing.

Once it is determined that proponents of a measure have collected enough signatures, the measure is filed with the Mississippi State Legislature on the first day of the legislative session. The legislature must act on the measure within four months of that date. The legislature may choose to adopt the measure by a majority vote in each house. Whether the legislature adopts or rejects the measure, the proposed amendment proceeds to the ballot. The legislature may also choose to approve an amended alternate version of the measure. In this case, both measures appear on the ballot together (See: Competing initiatives for details).

An initiative must receive a majority of the total votes cast for that particular initiative and must also receive more than 40% of the total votes cast in that election.

Details about Initiative 65

Ashley Durval filed the initiative with the Mississippi Secretary of State's office on July 30, 2018. Proponents reported submitting more than 214,000 signatures on September 5, 2019. The initiative qualified for the ballot after it was found that proponents submitted 105,686 valid signatures. The initiative was filed with the Mississippi State Legislature on January 7, 2020.

Details about Alternative 65A

Initiatives in Mississippi are indirect, meaning they are presented to the legislature once they qualify. The legislature can choose to adopt or reject the initiative, but the initiative will appear on the ballot regardless of which action the legislature takes. The legislature may also choose to approve an amended or alternate version of the initiative. In this case, both the original initiative and the legislative alternative appear on the ballot together.

The Mississippi State Legislature passed House Concurrent Resolution 39, a legislative alternative (Alternative 65A) to the initiative. The vote was 72-49 in the House and 34-17 in the Senate. Vote totals by party are displayed below.

House Concurrent Resolution 39 vote totals
Vote in the Mississippi House of Representatives March 10, 2020 Requirement: 61 Yes No Not voting Total 72 49 0 Total percent 59.5% 40.5% 0.0% Democrat 4 42 0 Republican 67 7 0 Independent 1 0 0 Vote in the Mississippi State Senate March 12, 2020 Requirement: 27 Yes No Not voting Total 34 17 1 Total percent 65.4% 32.7% 1.9% Democrat 3 12 1 Republican 31 5 0

Lawsuit

City of Madison vs. Mississippi Secretary of State Michael Watson

  

Lawsuit overview
Issue: Whether the measure was placed on the ballot in accordance with the state constitution
Court: Mississippi Supreme Court
Ruling: Ruled in favor of plaintiffs; initiative found invalid
Plaintiff(s): City of Madison, Mississippi; Mayor Mary Hawkins Butler	Defendant(s): Mississippi Secretary of State Michael Watson
Plaintiff argument: Votes on the measure should not be counted because the measure was placed on the ballot in violation of the state constitution	Defendant argument: Plaintiffs could and should have filed the lawsuit much earlier before the measure was certified for the ballot.

  Source: Marijuana Moment

On October 26, 2020, the City of Madison, Mississippi, filed a lawsuit against Initiative 65 in the Mississippi Supreme Court asking the court to invalidate the measure and not count any votes cast on it at the November 3 election. The city of Madison and Mayor Mary Hawkins Butler alleged that the Secretary of State unlawfully certified the measure in violation of Section 273 of Article 15 of the Mississippi Constitution. Section 273 states "The signatures of the qualified electors from any congressional district shall not exceed one-fifth ( 1/5 ) of the total number of signatures required to qualify an initiative petition for placement upon the ballot."

Plaintiffs alleged "Because Mississippi has four congressional districts, it is a mathematical certainty that the number of signatures submitted in support of Initiative Measure No. 65 from at least one of the four congressional districts exceeds 1/5 of the total number required. Twenty percent (20%) from each congressional district equals eighty percent (80%) total; to reach one hundred percent (100%), the number from at least one district must exceed twenty percent (20%). The Mississippi Legislature is aware of this mathematical impossibility ... Despite the Legislature's failure to propose an amendment to the voters, the Secretary of State nonetheless has followed an 'amended' Section 273(3) and has inserted 'the last five-district congressional district plan' into the text of the Constitution.'" Plaintiffs also alleged, "Initiative Measure No. 65 would likely allow any licensed ‘medical marijuana treatment center’ to grow marijuana within residential areas, substantially harming the City’s legitimate interest in conserving the value of property and protecting the health and safety of its citizenry." The complaint further stated, "This action is not about the wisdom of legalizing medical marijuana. It bears repeating that the City of Madison and Mayor Hawkins Butler are not opposed to a well-regulated medical marijuana program for the truly suffering. What the City and the Mayor oppose is the failure of the Legislature to amend Section 273(3) and the failure of the Secretary of State to follow the plain language of the Constitution. A constitutional amendment must be enacted constitutionally."

Mississippians for Compassionate Care Communications Director Jamie Grantham said "The secretary of state properly qualified Initiative 65 under the same constitutional procedures used for every other successful voter initiative. The lawsuit from the City of Madison is meritless. This is simply a last-ditch effort by political and bureaucratic opponents to deny relief to patients with 22 specific debilitating medical conditions."

The American Medical Association (AMA), Mississippi State Medical Association (MSMA), and the Mississippi Department of Health filed amicus briefs supporting plaintiffs in this lawsuit. Americans for Prosperity of Mississippi and Initiative 65 sponsor Ashley Durval filed an amicus brief supporting defendants in the lawsuit, arguing that overturning Initiative 65 would deprive citizens of using the state's initiative process.

State attorneys filed arguments on December 28, 2020, arguing that legislators never updated state laws to reflect four congressional districts instead of five and that "As a result, four congressional districts exist in Mississippi under a federal injunction for congressional elections, but five congressional districts exist under state law and may be used for anything but congressional elections." In 2009, the Mississippi attorney general’s office issued a legal opinion stating that initiative sponsors need to collect signatures from the five congressional districts used in the 1990s.

Oral arguments in the state supreme court were set for April 14, 2021.

On May 14, 2021, the Mississippi Supreme Court ruled 6-3 that the initiative was insufficient because it did not comply with the signature distribution requirements in the Mississippi Constitution and held that any subsequent proceedings regarding the initiative are void. The six justices wrote, "We hold that the petition submitted to the Secretary of State seeking to place Initiative 65 on the ballot for the November 3, 2020, general election was insufficient. Because Initiative 65 was placed on the ballot without meeting the section 273(3) prerequisites for doing so, it was placed on the ballot in violation of the Mississippi Constitution. Whether with intent, by oversight, or for some other reason, the drafters of section 273(3) wrote a ballot initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court."

Ken Newburger, Executive Director for the Mississippi Medical Marijuana Association, said, "Patients will now continue the suffering that so many Mississippians voted to end. The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people’s constitutional right. It’s a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn’t matter."

State Rep. Trey Lamar (R) said, "The language of Initiative 65 that would have gone into our constitution was not good for the people of Mississippi. I thank our Supreme Court for having the courage to rule according to the law and for protecting our citizens from the unintended consequences of Initiative 65. Now, we should craft a legitimate medical marijuana program that will truly help the people who would benefit from it without all of the unintended consequences that would have come with 65."

On July 1, 2021, the Mississippi Supreme Court dismissed a motion to rehear the case filed by sponsors of proposed 2022 initiatives.

How to cast a vote

See also: Voting in Mississippi

Click "Show" to learn more about voter registration, identification requirements, and poll times in Mississippi.

How to cast a vote in Mississippi

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times All polling places in Mississippi are open from 7:00 a.m. to 7:00 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Registration requirements Check your voter registration status here. To register in Mississippi, prospective voters must be United States citizens, residents of their county in Mississippi for at least 30 days, and at least 18 years old by Election Day. Registration applicants must postmark or submit an application in person to the local circuit clerk’s office at least 30 days before an election. Mailed applications must be postmarked by this date. Automatic registration Mississippi does not practice automatic voter registration. Online registration See also: Online voter registration Mississippi does not permit online voter registration. Same-day registration Mississippi does not allow same-day voter registration. Residency requirements To register to vote in Mississippi, you must be a resident of the state for at least 30 days. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Mississippi does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. In 2022, Gov. Tate Reeves (R) signed HB 1510 into law which requires election officials to verify an applicants citizenship status using the federal Systematic Alien Verification For Entitlements (SAVE) database, in addition to the Mississippi Department of Public Safety’s driver’s license and identification system. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The site Y’all Vote, run by the Mississippi Secretary of State office, allows residents to check their voter registration status online. Voter ID requirements Mississippi requires voters to present photo identification while voting. As of July 1, 2024, identification used to vote in Mississippi must be an official government document that "has no expiration date or has an issuance date not more than ten (10) years prior to the date" of voting.Click here for the Mississippi Secretary of State page on accepted ID to ensure you have the most current information Voters can obtain a Mississippi Voter Identification Card for free at any circuit clerk’s office in Mississippi. Voters can apply for a card during normal business hours (8:00 a.m. to 5:00 p.m.). Voters who need transportation to a circuit clerk’s office can call the secretary of state’s voter ID toll-free hotline at 1-844-678-6837, visit www.MSVoterID.ms.gov, or email MSVoterID@sos.ms.gov to schedule a ride. Transportation is free of charge.

See also

2020 measures

• 2020 ballot measures
• Marijuana on the ballot
• 2020 petition deadlines

Mississippi

• Mississippi ballot measures
• Mississippi initiative laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls
• Ballot measure signature costs

External links

• Mississippi Supreme Court 2021 ruling on Initiative 65
• Initiative #65 full text
• House Concurrent Resolution 39
• 2020 Ballot Initiative Information
• 2020 Ballot Initiative Brochure
• 2020 General Election Sample Ballot

Initiative 65 support

• Medical Marijuana 2020 campaign website
• Medical Marijuana 2020 Facebook page
• Medical Marijuana 2020 Twitter

Opposition

Submit links to editor@ballotpedia.org.