The Initiative 65 referendum was passed by overwhelming majority of voters. However, the state supreme Court ruled that it was invalid on constitutional grounds. After months of uncertainty, Governor. Tate Reeves signed into law the Mississippi Medical Cannabis Act in February 2022. Local businessmen who want to gain a foothold within the industry are currently being stopped by their elected representatives. One Mississippi pharmacist is facing indefinite delays in opening a dispensary at Brandon. Meanwhile, cultivators who hope to grow the plant in other cities face the same obstacles. Pass Christian, Ridgeland and Gluckstadt have already voted to leave the state’s medical cannabis program. A few other cities, from Winona and Sumrall, are expected to vote to opt out before the May deadline. Opt-out cities allow patients to possess medical marijuana, but they won’t allow dispensaries and cultivators within their boundaries. Slates Veazey a Jackson lawyer and expert on cannabis law, said that “this was expected.” It’s something that the industry and businesses have been closely watching. There are more cities likely to follow suit.” Medical marijuana advocates call the decision to not participate in the program shortsighted. Leaders in cities say they are being cautious: They would rather see how medical cannabis businesses perform in other cities than allowing them to be in their own neighborhoods. READ MORE: Mississippi’s new medical marijuana law attracts millions of dollars in investment. If there’s one thing Mississippi’s cannabis companies have grown accustomed to it’s hold-ups. Veazey stated that businesses will continue to be subject to zoning laws in places where they have not opted out. For example, the new program allows grow operations only to operate in areas that are zoned for industrial or agricultural use. Some counties might rezone certain areas in order to allow for new businesses. Others could take the opposite approach. Veazey, an attorney at Bradley who advises cannabis companies, said that some of those who have been working on this plan for a while have had informal discussions with local officials to obtain assurances. “There are only so many properties these businesses can locate.” Buell Polk, who owns a number of local pharmacies, told the Brandon board of aldermen that he hopes to transform a vacant bank into a dispensary near one of his Polk’s Drugs shops. He told the board that he has been dispensing medicinals for over 50 years in Brandon and Rankin County. “I believe I’m qualified. “I’ve been dispensing drug for many years. I think we can do an excellent job.” He stated that his potential business would be located near four pharmacies and assisted living facilities, as well as the major hospital. It would be convenient for those with terminal or severe illnesses that are eligible for medical marijuana under the state law. Polk stated, “Give us an opportunity to help these people.” You have the choice to allow dispensaries only, or just cultivation operations. Or both. Todd Troxler (Brazillian’s economic development director) asked the board to look into allowing indoor marijuana cultivation facilities. Already, businesses have begun to build facilities in the state by taking over old warehouses and promising upwards of 100 new jobs. Troxler stated to the board that if you do not opt in, there is no chance of getting one. Brandon’s board ultimately voted 5-2. According to the mayor of the city, he doesn’t see any harm in waiting and seeing how other programs work.
The program can be re-entered by cities. They can’t opt out after May 3. However, they are unable to decide if they want to leave. Ridgeland’s vote to opt-out was unanimous. Pass Christian’s board voted in the same manner, becoming the first Gulf Coast City that has opted out. Jimmy Rafferty, Mayor of Pass Christian, said that “we did the right thing.” “We can look at other cities, gain key lessons from them, and decide if Pass Christian is right for us.” Leaders and residents across these cities expressed concern about crime rising and the need to fix their zoning codes. Gluckstadt, Mississippi’s newest municipality, voted 3-2 to opt-out this month. The mayor of Gluckstadt said that despite having a little more than 3,000 residents, there were still many inquiries about possible businesses. Walter Morrison, Gluckstadt’s mayor said that his city’s status as a newly-designated municipality places it in an exceptional position. Their community has a lot to do without a new industry. Jayce Powell, alderman, stated that a grower who was interested in opening a Gluckstadt cultivation facility said he could provide dozens of jobs with an average salary of $60,000 and bring in dozens of people. The city would see an increase in revenue from dispensary sales taxes. Morrison stated that it is very profitable financially. But everything comes with a price. Powell expressed frustration that he doesn’t have a police department to fight crime. In 2020, the majority of citizens in the city voted for medical marijuana. It’s not just about the economic impact – it’s also about access. Carroll County’s sheriff has asked the county to withdraw. The Cliton police chief also advised the city’s aldermen not to allow the program to progress too fast. Although medical marijuana does not correlate with higher crime rates as a result of several studies, it generally makes marijuana more available to people who do not have it prescribed. “We are very disappointed that these four municipalities chose to opt out. Melvin Robinson, spokesperson for the Mississippi Cannabis Trade Association, said that it was disappointing, especially considering that 127,000 people in these four counties voted for Medical Cannabis in 2020. According to the association, residents in the affected cities have created petitions to re-enter the program. To trigger a special election, the petitions must have 1,500 signatures or 20% of eligible voters. The petition must be filed within 60 days to allow for the election to end the opt-out. Supporters of medical marijuana don’t have the right to refuse opt-outs. On Saturday, the trade association will host a signature drive for Brandon.