Just thirteen days after it was signed into law by Governor Tate Reeves, Tippah County Board of Supervisors met on Tuesday, Feb. 15 and voted unanimously to opt out of Section 30 of Senate Bill (SB) 2095, the Mississippi Medical Cannabis Act, which was given its final approval on Jan. 26 by the Mississippi Legislature. The bill, sponsored by Sen. Kevin Blackwell, was created to restore voters’ will by creating a medical cannabis program.
SB 2095 reflects an attempt to create a middle ground between the extremely restrictive approach some legislators and the governor favor and voters’ strong preference for a broad measure. The Senate passed SB 2095 in a 46-5 vote on Jan. 13 and the House followed suit with a 104-14 vote on Jan. 19, after making a few amendments. The two chambers formed a conference committee to reconcile the bills and signed off on the final versions in landslide votes of 103-13 in the House and 46-4 (with one abstention) in the Senate.
The act, which goes into effect immediately, lists twenty medical conditions and categories of conditions for which an individual would be eligible for a medical marijuana card in Mississippi, including cancer, Crohn’s disease, post-traumatic stress disorder, any “chronic, terminal, or debilitating” condition producing chronic pain, and “any other condition” that may be added by the Mississippi Department of Health in the future, makes clear that it prohibits “smoking medical [marijuana] in a public place or in a motor vehicle.” Medical Cannabis will be sold in dispensaries licensed and regulated by the Department of Revenue. Pharmacies cannot dispense it.
Jurisdictions have 90 days to opt out. Opting out happens at the municipal or county level, depending on where the facility is located. Citizens of jurisdictions that opt out can gather signatures (1,500 or 20%, whichever is less) to place an “opt in” on the ballot. If the opt-in vote fails, they have to wait two years to try again. Once it is voted in, it is in for good.
The opt out was voted upon well in advance of the 90 day deadline to do so (around May 2). The unanimous vote to opt out was cast despite Tippah County’s voting numbers for the referendum on medical cannabis on the 2020 ballot, indicating 4997 voters were for it, 4176 voters against it.
The Board of Supervisors’ office was reached for comment, but no response was given before the Sentinel’s press deadline for this week’s edition.
