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Mississippi City Asks State Supreme Court To Invalidate Medical Marijuana Ballot Initiative

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The city of Madison, Mississippi is asking the state Supreme Court to invalidate a medical marijuana legalization initiative that’s on the ballot.

While city officials say they aren’t making the appeal because they necessarily oppose the reform proposal, they’re arguing that the measure was unlawfully placed on the ballot because it violates the state Constitution’s procedural rule on citizen initiatives.

The emergency petition, filed on Monday, cites a law stipulating that “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.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.

“Petitioners’ challenge to the filing of the petition for Initiative Measure No. 65 is a challenge to form,” the filing says. “The measure could be about any topic, and its constitutional invalidity would remain. No matter what the content of the measure is, the petition signatures are insufficient under the plain language” of the Constitution until the lawmakers institute a fix.

“It is unfortunate that the Legislature’s failure means that the Constitution cannot be amended by initiative until either Section 273(3) is amended or Mississippi regains a congressional seat,” the lawsuit states.

“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,” the city’s filing says. “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.”

The filing does contain one substantive complaint about the measure, however.

“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,” it says.

Madison officials are asking the court to deem the placement of the legalization initiative unconstitutional and “issue whatever extraordinary writs appropriate” to nullify the vote.

“The constitutional process for amending our constitution has not been followed and the public has been misled about the content of the initiative,” Madison Mayor Mary Hawkins Butler (R) said in a press release. “Initiative 65 gives marijuana providers greater rights than any other lawful business. Such a significant change must be lawfully adopted.”

On Tuesday, the court ordered the secretary of state’s office to file response to the petition by the close of business on Wednesday.

Under the reform measure, patients with debilitating medical issues would be allowed to legally obtain marijuana after getting a doctor’s recommendation. The proposal includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be able to possess up to 2.5 ounces of marijuana per 14-day period.

Mississippians for Compassionate Care (MCC), the campaign behind the initiative, has faced a series of obstacles before and after qualifying for the state’s November ballot.

Most recently, President Trump’s reelection campaign issued a cease and desist order against the Mississippi advocates, claiming “unauthorized and misleading representation” of the president’s position on the reform measure in one of its mailers—even though he has on multiple occasions spoken favorably on camera about medical cannabis.

But the primary complication for advocates is the fact that two competing initiatives will appear alongside each other on the ballot. After MCC qualified their measure by collecting signatures from voters, the legislature approved an alternative that is viewed as more restrictive. The result is a muddled ballot that requires voters to answer a two-step series of questions—and that potential confusion threatens to jeopardize the activist-led proposal.

The Mississippi State Medical Association and American Medical Association have also contributed to the opposition, circulating a sample ballot that instructs voters on how to reject Initiative 65.

Earlier this month, Gov. Tate Reeves (R) signed legislation that amends state law to allow people to obtain marijuana-derived medications that are approved by the Food and Drug Administration. He also reiterated his opposition to broader medical cannabis reform, stating that he’s “against efforts to make marijuana mainstream.”

In June, lawmakers introduced yet another medical cannabis alternative resolution that would’ve similarly posed a threat to the activist-driven reform initiative. But, to advocates’ relief, the legislation didn’t advance before lawmakers went home for the summer.

“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,” Mississippians for Compassionate Care Communications Director Jamie Grantham said. “This is simply a last-ditch effort by political and bureaucratic opponents to deny relief to patients with 22 specific debilitating medical conditions.”

This isn’t the first time that this election cycle that courts have been involved in state-level cannabis legalization ballot initiatives.

The Montana Supreme Court last week rejected a lawsuit seeking to invalidate a marijuana legalization measure that will appear on the state’s November ballot.

With weeks before the election, opponents asked the court to quash the measure, arguing that because it involves appropriating funds, it violates state statute on citizen initiatives. The court didn’t weigh in on the merits of the case; rather, it said the petitioners with the reform campaign failed to demonstrate “urgency or emergency factors” that would justify moving the case into its jurisdiction instead of going through trial and appeals courts first, which opponents said they will now do.

In neighboring Nebraska, the state Supreme Court ruled last month that a measure to legalize medical cannabis that had qualified for the November ballot could not proceed because it violated the state’s single-subject rule for ballot initiatives.

Activists there are already pursuing a simplified medical cannabis measure for 2022.

Read the city of Madison’s petition to the court on the marijuana reform initiative below: 

Mississippi Medical Cannabi… by Marijuana Moment

South Dakota Voters Back Marijuana Legalization And Medical Cannabis Ballot Measures, Poll Finds

Photo elements courtesy of rawpixel and Philip Steffan.

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Louisiana House Approves Marijuana Decriminalization Bill As Other Reforms Advance

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The Louisiana House of Representatives on Tuesday approved a bill to decriminalize marijuana possession, while a committee advanced separate legislation to impose taxes on cannabis sales if the state ends up enacting broader legalization.

Meanwhile, a measure to legalize marijuana sales is scheduled for a vote on the House floor on Wednesday after being delayed from earlier consideration while the sponsor has worked to build support.

Tuesday’s action on the narrower decriminalization bill is the latest example of marijuana reform advancing in the traditionally conservative legislature this session.

The proposal, sponsored by Rep. Cedric Glover (D), has gone through several changes since its introduction.

Originally it would have made it so possession of up to 14 grams of cannabis punishable by a $50 fine and no jail time. And while it was gutted in committee last week to maintain a penalty of $300 and/or 15 days in jail, a floor amendment was approved on Tuesday that again removed the threat of incarceration and set the fine at $100.

Members approved the revised bill in a 67-25 vote.

“This bill is about common ground,” Glover said prior to the vote. “You know there are all different iterations of us in here today, black, white, male, female, big, small, conservative, progressive—and many of us who may not agree on as much as 90 plus percent of any given topic, especially when it comes to something as controversial as marijuana.”

“The possession of a small amount of marijuana should no longer result in two things,” he said. “One is setting out a result, and a path, that leads you to becoming a convicted felon. And neither should it set you on a path to go to prison.”


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

In the House Ways and Means Committee, legislation to impose taxes on cannabis sales if Louisiana ends prohibition passed by a voice vote.

As amended by the committee, adults would pay a 15 percent sales tax on cannabis products, in addition to state and local taxes. The resulting revenues would be split between the state general fund and the local local jurisdictions where sales take place, with a chunk of the latter going to support law enforcement. The panel also advanced separate legislation to repeal a current law that requires illicit cannabis sellers to purchase tax stamps for their products. It would only take effect if legalization passes.

Meanwhile, the House approved a bill from Speaker Clay Schexnayder (R) on Monday that is meant to align Louisiana’s hemp program with U.S. Department of Agriculture rules for the crop that were finalized and took effect in March.

Additionally, a Senate committee advanced a bill on Monday that would impose taxes on raw marijuana flower if those smokeable products are legalized for medical use under another measure that cleared the House last week.

Advocates are closely monitoring each of these developments, but the adult-use legalization bill from Rep. Richard Nelson (R) is receiving the most attention.

It would allow adults 21 and older to purchase and possess marijuana from licensed retailers. Possession of up to two and a half pounds of cannabis would be lawful. Regulators would be tasked with creating a permit for adults to grow up to six plants for personal use.

The measure has twice been rescheduled for House floor action at the request of Nelson, who has worked on amendments intended to increase support in what is expected to be a close vote. One proposal that has been posted would remove the home cultivation provisions to address concerns that have been raised by law enforcement.

A separate measure from Nelson that the chamber is set to consider this week would establish a $2,500 annual fee for cannabis business licenses and a $100 annual fee for a personal cultivation permit.

There is an additional decriminalization bill moving through the legislature as well.

That legislation, sponsored by Rep. Candace Newell (D), would simply remove the existing criminal penalties for possession, distribution and dispensing of cannabis “if the legislature provides for a statutory regulatory system for the legal sale and distribution of marijuana and establishes a sales tax on those sales.”

When it comes to broader legalization, while advocates have generally expected resistance from the governor, who has repeatedly expressed opposition to the reform, he did say last month that he has “great interest” in the legalization proposal, and he pledged to take a serious look at its various provisions.

Last year, the legislature significantly expanded the state’s medical marijuana program by passing a bill that allows physicians to recommend cannabis to patients for any debilitating condition that they deem fit instead of from the limited list of maladies that’s used under current law.

Gov. John Bel Edwards (D) signed the measure in June 2020 and it took effect weeks later.

As state lawmakers have continued to advance these marijuana reform bills, two recent polls—including one personally commissioned by a top Republican lawmaker—show that a majority of voters are in favor of legalizing cannabis for adult use.

Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session

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Schumer Reiterates That Marijuana Legalization Must Pass Before Cannabis Banking Reform

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With Democrats in control of the Senate this session, Majority Leader Chuck Schumer (D-NY) doesn’t plan to jeopardize a marijuana legalization bill he’s working on by advancing a more modest cannabis banking measure first.

In an interview with The Ringer that was released on Tuesday, the senator reiterated that he and his colleagues will be “introducing our bill shortly” to end cannabis prohibition—and he said banking reform legislation that’s been filed will have to wait because “we’re not going to bargain against ourselves.”

Schumer made a similar point in an interview with Marijuana Moment last month, arguing that passing a measure that protects banks that service state-legal cannabis businesses first could jeopardize the chances of advancing comprehensive reform. The thinking is that Republicans and moderate Democrats who are on the fence about a bolder policy change might be less inclined to vote for it if they have an opportunity to pass a more modest bill like the Secure and Fair Enforcement (SAFE) Banking Act instead.

The House has already approved the marijuana banking bill this session along largely bipartisan lines.

“We want a strong, comprehensive bill. We’ll introduce it,” the leader told podcast host Bakari Sellers, adding that “there’s huge support” for legalization, including in conservative states like South Dakota where voters approved a reform initiative last year.

“We’re going to get some support from the right on this as well we hope, and we’re going to push it,” Schumer said. “It’s going to take a little while. We’re going to need a mass campaign. But there’s real excitement in the country to do this.”

Schumer has been working with Senate Finance Committee Chairman Ron Wyden (D-OR) and Sen. Cory Booker (D-NJ) to draft a legalization bill over the course of the past few months. He’s been making the case for reform everywhere from the Senate floor to a cannabis rally in New York City.

Beyond ending prohibition, Schumer said the proposal he and his colleagues are working on will “ensure restorative justice, public health and implement responsible taxes and regulations,” similar to what New York lawmakers sought to accomplish in a legalization bill that the governor signed into law late last month.

The senator also said last month that the legalization bill they’re working on will be brought to the floor of his chamber “soon.”

He, Wyden and Booker formally started their reform efforts by holding a meeting earlier this year with representatives from a variety of advocacy groups to gain feedback on the best approach to the reform.

Schumer made a point in March to say that it will specifically seek to restrict the ability of large alcohol and tobacco companies to overtake the industry.

Instead, it will prioritize small businesses, particularly those owned by people from communities most impacted by prohibition, and focus on “justice, justice, justice—as well as freedom,” he said.

He also urged voters to reach out to their congressional representatives and tell them that “this is long overdue.”

On the House side, Judiciary Chairman Jerrold Nadler (D-NY) said recently that he plans to reintroduced his legalization bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, which cleared the chamber last year but did not advance in the Senate under GOP control.

Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session

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Top Connecticut Lawmaker Says Marijuana Legalization Bill Could Get Bumped To Special Session

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Facing a tight deadline, a top Connecticut lawmaker said on Tuesday that a bill to legalize marijuana may be taken up in a special session after the legislature completes its regular business for the year.

With the June 9 end of the legislative session less than a month away, House Majority Leader Jason Rojas (D) was asked about the prospects of passing legislation to end cannabis criminalization in 2021—and he said lawmakers have been having “great conversations” with Gov. Ned Lamont’s (D) administration as they work through competing reform proposals.

“It’s just one of those issues that we’re working through some of the details that were of concern to everyone over the past couple months, but we’re making progress,” Rojas told a reporter from CT News Junkie during a press conference.

House Speaker Matt Ritter (D) chimed in to say that “if we can find a path to a deal, it’s the kind of thing that I think you could always go into overtime if you had to,” adding that “we’d all be comfortable coming to special session for that issue.”

Watch the Connecticut lawmakers discuss marijuana legalization, starting around 24:40 into the video below:

But while some progress has been made in reconciling competing reform proposals from the governor and the legislature, it’s not clear how close lawmakers are to reaching a deal and moving a proposal to floor votes—and Lamont is still waiting to review updated legalization legislation that’s in the process of being drafted, he said on Monday.

“I can tell you that [administration staff has] put together a very complete law for consideration by the legislature,” the governor said, referring to his own legalization proposal. “It’s sitting on their desk, and we’re ready for some decisions.”

Lamont’s chief of staff added that administration officials have been “meeting with legislative negotiators,” and they’re “waiting for them to provide us a revised draft” of a reform bill.

A bill to legalize marijuana for adult use that the governor is backing cleared the Judiciary Committee last month after being amended by the panel. But if a legalization measure isn’t enacted this year, Lamont said that he anticipates that the issue could go before voters.

“Marijuana is sort of interesting to me. When it goes to a vote of the people through some sort of a referendum, it passes overwhelmingly. When it goes through a legislature and a lot of telephone calls are made, it’s slim or doesn’t pass,” Lamont said. “We’re trying to do it through the legislature. Folks are elected to make a decision, and we’ll see where it goes. If it doesn’t, we’ll probably end up in a referendum.”

Ritter similarly said last year that if the legislature isn’t able to pass a legalization bill, he will move to put a question on the state’s 2022 ballot that would leave the matter to voters.

A competing legalization measure from Rep. Robyn Porter (D), which is favored by many legalization advocates for its focus on social equity, was approved in the Labor and Public Employees Committee in March.


Marijuana Moment is already tracking more than 1,100 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

A survey from Sacred Heart University (SHU) that was released last month found that about 66 percent of people in the state favor legalizing cannabis for adult use, while 27 percent are opposed.

Lamont, who convened an informal work group in recent months to make recommendations on the policy change, initially described his legalization plan as a “comprehensive framework for the cultivation, manufacture, sale, possession, use, and taxation of cannabis that prioritizes public health, public safety, and social justice.”

But while advocates have strongly criticized the governor’s plan as inadequate when it comes to equity provisions, Ritter said in March that “optimism abounds” as lawmakers work to merge proposals into a final legalization bill.

Rojas also said that “in principle, equity is important to both the administration and the legislature, and we’re going to work through those details.”

To that end, the majority leader said that working groups have been formed in the Democratic caucuses of the legislature to go through the governor’s proposal and the committee-approved reform bill.

In February, a Lamont administration official stressed during a hearing in the House Judiciary Committee that Lamont’s proposal it is “not a final bill,” and they want activists “at the table” to further inform the legislation.

The legislature has considered legalization proposals on several occasions in recent years, including a bill that Democrats introduced last year on the governor’s behalf. Those bills stalled, however.

Lamont reiterated his support for legalizing marijuana during his annual State of the State address in January, stating that he would be working with the legislature to advance the reform this session.

Ritter said in November that legalization in the state is “inevitable.” He added later that month that “I think it’s got a 50–50 chance of passing [in 2021], and I think you should have a vote regardless.” The governor said in an interview earlier this year that he puts the odds of his legislation passing at “60-40 percent chance.”

The governor has compared the need for regional coordination on marijuana policy to the coronavirus response, stating that officials have “got to think regionally when it comes to how we deal with the pandemic—and I think we have to think regionally when it comes to marijuana, as well.”

He also said that legalization in Connecticut could potentially reduce the spread of COVID-19 by limiting out-of-state trips to purchase legal cannabis in neighboring states such as Massachusetts and New Jersey.

CBD Company’s Appeal Could Let Marijuana And Psychedelics Companies Trademark Businesses Pre-Legalization

Photo courtesy of Mike Latimer.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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