Competing ballot initiatives confuse MS medical marijuana issue

Voters face confusing choices regarding MS medical marijuana

Mississippi voters face confusing choices Nov. 3 about whether patients with debilitating medical conditions may use medical marijuana. More than 30 U.S. states already have medical marijuana programs. There are two competing ballot initiatives about medical marijuana on the Mississippi ballot.

Initiative 65 would make medical marijuana widely available and soon to patients with 22 specified medical conditions. It describes mechanisms by which it would happen. Initiative 65 is an amendment to the Mississippi Constitution.

Initiative 65A proposes that legislative action might make medical marijuana available some time in the future.

105,686 valid signatures were gathered to put Initiative 65 on the ballot

The Medical Marijuana 2020 campaign, sponsors of Initiative 65, submitted more than 214,000 signatures—105,686 of which were certified valid. The signatures were submitted more than a year ago in September, 2019. The initiative was filed with the state legislature in accordance with MIssissippi’s “indirect initiative” process.

By law the legislature then had three options: it could (a) choose to adopt the initiative by a majority vote in each house, (b) reject the initiative, or (c) place an alternative measure on the ballot alongside the original initiative. Regardless of whether the legislature adopts or rejects the measure, the proposed amendment proceeds to the ballot.

The legislature was not happy with Initiative 65 as proposed by the Medical Marijuana 2020 campaign. In March, 2020, the legislature passed House Concurrent Resolution 39. It was a legislative alternative to Initiative 65. It will appear on the ballot as Alternative 65A.

About Initiative 65

Initiative 65 is the version of the medical marijuana proposal created by those who gathered 214,000 signatures. It is a constitutional amendment. This is said to mean that it could only be changed by another constitutional amendment rather than by legislative action.

Initiative 65 allows patients with 22 specified conditions to use marijuana after being certified by Mississippi licensed physicians. It calls for licensed treatment centers regulated by the Mississippi Department of Health.

The specific conditions for which medical marijuana could be used include: “cancer, epilepsy or other seizures, Parkinson’s disease, Huntington’s disease, muscular dystrophy, multiple sclerosis, cachexia, post-traumatic stress disorder” Also included would be “positive status for human immunodeficiency virus, acquired immune deficiency syndrome, chronic or debilitating pain, amyotrophic lateral sclerosis, glaucoma, agitation of dementias, and Crohn’s disease.”

Other conditions that could be treated with marijuana include “ulcerative colitis, sickle-cell anemia, autism with aggressive or self-injurious behaviors, pain refractory to appropriate opioid management, spinal cord disease or severe injury, intractable nausea, severe muscle spasticity, or another medical condition of the same kind or class to those herein enumerated and for which a physician believes the benefits of using medical marijuana would reasonably outweigh potential health risks.”

Users would be required to obtain identification cards

Under Initiative 65, those wanting to use marijuana would be required to obtain a medical marijuana identification card. The cards would be issued by the Mississippi State Department of Health (MSDH). Potential users will also need a physician certification, requiring an in-person examination. Patients would be allowed one or more caregivers.

Under Initiative 65, MSDH may limit the number of patients a caregiver can care for, but not the number of caregivers for any one patient.

The Mississippi Department of Health (MDH)  would be required to establish rules about marijuana processing facilities, sales, and use in care facilities. There would be no limit to the number of treatment centers. There would be no regulation on the price of medical marijuana.

Treatment centers and MSDH may — but are not required — to charge the equivalent of the state sales tax on the marijuana. The state sales tax is now seven percent. A maximum of 2.5 ounces of marijuana could be dispensed to a qualified user during a 14-day period.

Under Initiative 65, MSDH would have full responsibility for the program. MSDH would have to create an apparatus to manage the program. MSDH is said to be opposed to undertaking this increased responsibility.

What is Initiative 65A?

Initiative 65A is the version proposed by the state legislature as a counter proposal to Initiative 65. Initiative 65A includes no specific plan but says one could be established at a later time.

Medical marijuana users  would have to have debilitating medical conditions certified by health practitioners licensed under state law. Treatment would be carried out by physicians, nurses and pharmacists who are licensed in Mississippi.

Under the state legislature’s alternative, Initiative 65A, only persons with terminal medical conditions would be allowed use of medical marijuana. These patients would have to be certified by state-licensed health practitioners.

Under Initiative 65A, there would only be a limited number of state-licensed manufacturers of marijuana products and the program would include a patient registry for program enrollment, patient tracking and treatment outcomes assessment.

Opinions favoring Initiative 65 and opposing 65A

Proponents of Initiative 65 say it would provide access to patients right away and only approves treatment for specific conditions where marijuana use has proven effective. Proponents of Initiative 65 say that, for many patients, marijuana is the only medicine that effectively relieves pain and suffering without debilitating side effects.

“Mississippians who want a safe, immediate, clearly defined medical marijuana program that truly helps patents who are suffering should vote ‘yes’ for Initiative 65,” says Dr. Mathew B. Wesson, MD. Wesson, a Tupelo opthamologist, is a member of the steering committee for Initiative 65. He says Initiative 65 “is the measure supported by doctors, religious leaders, law enforcement officials, and veterans, instead of Alternative 65A, the politician’s measure.”

Supporters of Initiative 65 argue that Initiative 65A is poorly written and does not specify who would qualify to use medical marijuana. They say 65A does not specify who will be able to receive medical marijuana or when, if ever, a program would be set. Opponents say 65A has no real guarantees. They argue that the legislature has shown virtually no interest in creating a program. Initiative 65 supporters contend that 65A was written to confuse voters. They say it was created by the legislature at the last minute and gives power to politicians rather than medical professionals.

Opposition to Initiative 65

Initiative 65 opponents decry the fact that it is a constitutional amendment. They say it would thus would be difficult to change except by another constitutional amendment. Opponents of Initiative 65 argue it will create a “marijuana cartel” exempt from state laws or control by the legislative or executive branch

Opponents of Initiative 65 say it would prevent taxing marijuana to aid schools, roads, health care or law enforcement. Initiative 65 opponents say local governments would could not limit the location and number of dispensaries in their communities.

Its opponents say Initiative 65 would allow marijuana to be distributed in cookies, brownies, joints, etc. They say distribution of 2.5 ounces every two weeks would be allowed and that that is equivalent to approximately 300 joints per month.

Those opposed to Initiative 65 say Initiative 65A is not a constitutional amendment. They say that thus the legislature and state agencies would have freedom to update or change the program if necessary. Under Initiative 65A, physicians and treatment centers would not be exempted from criminal and civil liability.

Conclusions

Initiatives 65 and 65A are among the most convoluted and garbled ballot proposals we have ever seen.

We believe it is reasonable to say that those who favor easier access to marijuana, for both medical and recreational purposes, should vote for Initiative 65.

It may also be safe to say that those who oppose the wider availability of marijuana for any purpose should vote against both Initiative 65 and Initiative 65A.

The legislature failed to craft a rational alternative to the more permissive Initiative  65, although it had many months to do so. Initiative 65A is likely to do precisely what the legislature sought to prevent. That is, confused Mississippi voters may very well approve Initiative 65.

Initiative 65 proposal details: Proposed Initiative Measure