As with many supervisor and municipality boards, Carroll County Supervisors have to make a decision whether to opt-in or opt-out of the Mississippi Medical Cannabis Act, more commonly known as the Medical Marijuana bill. The board has until the beginning of May to decide whether to opt-in or to opt-out. If they do nothing, they’re automatically opted-in.
Board Attorney Kevin Horan, who’s also a legislator, broke down the bill to supervisors at the meeting Monday in Carrollton.
“You have the option to either opt-in to allow dispensaries and to opt-out of cultivation, to opt-out of cultivation and to opt-in dispensaries, or to opt-out altogether. However, if you choose not to do anything, you’re opting in. And once you’ve opted-in, you’re in,” Horan said.
He also said that if the county chooses to opt-out and then decides later they want to opt-in, they have that option.
“I read where the people can do referendum,” said Supervisor Claude Fluker.
“They can,” Horan said. He said that if the county chooses to opt-out and the public decides that they want to start a petition to place a referendum on the next ballot, and its successful the county has to opt-in.
“There’s really nothing you can do about it then,” Horan said.
Sheriff Clint Walker said he doesn’t think the county should opt-in, because the reality is you can’t police it.
“Alcohol isn’t for young teens either and we still have a problem with underage drinking and selling it to underage minors,” he said. “You can’t really police it. And, it can be sold on the Black Market and give it a way to expand.”
“Carroll County could be a leader and decide to opt-out and take a stance against this,” he said.
There were discussion about dispensaries, how a person could obtain it, how could a person cultivate it, and the difference between a dispensary and a cultivator.
“See, I thought people could go to a pharmacy and just get it,” Supervisor Josh Hurst said.
“No, pharmacies can’t give it. They have to go to a dispensary,” Horan said.
Horan said the problem that many are going to run into is that under the new medical marijuana law, the law allowed amount of three ounces is over the limit for a possession of marijuana less than an ounce charge in Mississippi.
“We’re [legislators] going to have to address that and hopefully we’ll address it before the session ends,” Horan said.
“So, what if I’m smoking this marijuana and [Sheriff] Clint [Walker] comes up,” Neill said.
“As long as you have your marijuana card, you’re legal. But, they can still establish probable cause if it’s for a DUI,” Horan said.
Horan said a person cannot go over their allowed amount for the month. They have to stay within their medically allowed amount of three ounces.
He said if the county wanted to consider cultivation, they would have to designate an area for cultivators to grow it. And if a cultivator wanted to grow it, they had to be licensed.
“So, I can’t grow it in the back of my house in a shoe box?” Hurst asked.
“No, they have to be licensed to grow,” he said.
There were also questions of, if the county opt-ed out, could a municipality still opt-in? Horan said yes.
“If the county wanted to opt-out and Carrollton or North Carrollton or Vaiden wanted to opt-in, they could,” he said.
“And it doesn’t apply to them what the county did?” Hurst asked, Horan responded no.
Coroner Mark Stiles said the Town of Carrollton voted at their meeting Tuesday, March 1 to opt-out completely, making them the first municipality in Carroll County to do so.
The Town of Vaiden met Monday night and tabled the matter until aldermen and the board attorney read over Section 30 of the Medical Marijuana Act. Town of North Carrollton has not made a decision yet.
The board decided to table the matter to give supervisors time to look over the law.
