Sen. Angela Hill R-Miss. provided some insight into Initiative 65, which is on the ballot to be voted on at the general election Nov. 3.
Initiative 65 is to legalize marijuana use for medicinal purposes only. Currently, there are 33 states in the country that has legislation supporting medical marijuana. On the ballot is Initiative 65 and Alternative 65A. Initiative 65 has more regulations than 65A.
A copy of the Initiative is available on the Mississippi Secretary of State website.
Concerns expressed include:
1. Mississippi law currently has a $100 penalty for smoking marijuana in a public area and a misdemeanor. This is also included in the initiative in Section 3.2. If the initiative does pass, it will make it more difficult to increase the penalty if legislatures wanted to at some point.
2. While it would be illegal for the caregiver to partake the marijuana, the initiative does make it legal for them to carry it. All a caregiver needs is to be 21 years or older and be deemed a “caregiver” and a patient may have more than one caregiver. The patient would receive a medical marijuana identification card that will identify the caregiver(s).
3. Any part of the cannabis plant can be used, including chemical compounds such as hashish and seeds.
4. Cardholders and their caregivers will be able to possess drug paraphernalia, including items such as hypodermic needles, drug blenders, drug pipes, and more.
5. In an effort to speed up the process, the Mississippi Health Department will be exempt from the Mississippi Department of Information Technology Service laws regarding technology bid process for up to two years in the amount up to $250,000.
6. If the initiative is approved the health department will have to have the program up and running by no later than Aug. 15, 2021, with the issuance of the medical cards.
7. Fees paid into the program for medical marijuana do not become part of the general fund for the state but go back into the program, which means there would be no benefit paid out for schools, roads or other issues.
8. The program may request a line of credit of up to $2.5 million from the Working Cash Stabilization Fund which is the state’s rainy day fund. The fund is to help with state services during budget crises, natural disasters and pandemics.
9. A qualified patient cannot have more than 2.5 ounces by weight in a 14-day period. That amount is the same as 150 joints every two weeks.
10. The health department would be able to make nursing homes, hospices, long term facilities and others places compliant with the medical marijuana use and also have agreements to allow out-of-state cardholders the right to purchase in this state.
11. Neither caregivers nor patients can be in possession of a firearm while in possession of the medical marijuana.
12. “Possessing marijuana and a firearm triggers an automatic federal felony, which restricts gun ownership for life alongside the other serious consequences of carrying a felony. Also the Legislative budget office did a fiscal analysis of 65. It would create an annual $15 million deficit getting the program started. After the deficit is paid off, the profit is estimated at $10 million per year. That profit would be sequestered in the Mississippi Department of Health benefiting nobody since it can only be reinvested in the marijuana program. It won’t even be needed after a few years. But it will be an untouchable pile of funds sitting doing nothing for the taxpayers,” Hill said in an email Thursday.
Differences in the initiative and the alternative include:
Initiative 65 lists 22 medical conditions eligible for use while 65A does not specify any. Only 65 limits the amount allowed at a time. Sales tax would be applied to 65 but not to the alternative. The fee for the medical identification card would be capped under 65 with no cap on the other. The health department would be the administrating agency and would have to be ready to begin issuing the cards by Aug. 15, 2021; whereas, 65A does not designate an administrating agency or have a set start date.
Voters will have the right to vote yea or nay on both of these at the Nov. 3 election.
