On Nov. 3, 2020, 69% of Mississippi voters affirmed the medical marijuana Initiative 65. Subsequently, the state Supreme Court found that the state’s signature requirements for ballot measures could not be complied with and threw out Initiative 65.
On Jan. 26, the Mississippi Legislature approved a medical marijuana bill, and Gov. Tate Reeves signed the bill into law on Feb. 2.
A discussion was held at the April 5 Columbia Board of Aldermen meeting about opting out of the new State Law 2095. also known as the Mississippi Medical Cannabis Act.
The bill, as it was signed by Reeves, is 445 pages long and is available to be read online.
City Attorney Lawrence Hahn suggested that the city of Columbia opt out temporarily until the State of Mississippi gets all of the specific details in place in the summer. At that time, the city can opt back in if it so desires.
The deadline for cities and counties to opt out is May 3. Opting out requires some notice of a meeting before a vote is held. The board approved the scheduling of a discussion about a resolution to opt out at the next meeting on April 19 at 4 p.m.
Hahn suggested the temporary opt out to give the city time to pursue looking at a comprehensive zoning ordinance now that annexation has been completed.
"In June or July, the Department of Health and the Department of Revenue will issue recommendations on how it will be carried out, so we won't have state ordinances until then about researching, testing, growing and dispensing," Hahn said. "With the current zoning, there's nothing that allows the city to say 'no' except what was done before 1970."
He explained that anything allowed in the annexed area would be grandfathered in if done before new zoning is completed even though it would be a nonconforming use of the area.
"I'm not saying opt out forever," Hahn said. "Just until some things can be worked out."
