JACKSON COUNTY, Mississippi — Municipal governments across Mississippi have until May 3 to decide if they wish to opt out of Mississippi’s new medical marijuana program. Thus far, four cities — Brandon, Ridgeland, Gluckstadt and Pass Christian — have voted to opt out of allowing the cultivation and/or sale of marijuana in their cities.
The action of those four raise the obvious question: Will any Jackson County municipalities opt out?
The Mississippi Legislature in late January approved Senate Bill 2095, which allows for the growing, cultivation, packaging and sale of medical marijuana within the state.
The bill provides a opt out period of 90 days from the date the bill was signed into law, which Gov. Tate Reeves did on Feb. 2.
Pascagoula was the first Jackson County city to take up the issue officially, with the city council discussing the new law at its March 1 meeting.
“We knew the decision would have to be made,” said Mayor Jay Willis, “and everyone on the council agreed that, with the overwhelming support received in Jackson County and in our community, it would be prudent for us to not opt out.”
The support to which Willis referred was the November 2020 ballot initiative to allow medical marijuana in Mississippi which was passed by roughly 70 percent of the voters. That intitiative, however, was ultimately thrown out when the Mississippi Supreme Court ruled the initiative had not followed the signature requirements laid out in the Mississippi Constitution.
But the legislature, taking note of the overwhelming support the measure received, quickly went to work in the 2022 session to craft a bill, which ultimately became law. The bill passed in the Senate 46-6, with the House voting 104-13.
“We respect the voters of Pascagoula who have essentially already spoken on this and there’s no reason for us to interject our own feelings or beliefs. We’re here representing the voters,” Willis said.
“As a group, we decided we are not going to opt out. It will be prudent for us to let the regulations we’re going to be able to put on these folks in business with the medical marijuana be our way of controlling things.”
In Ocean Springs, alderman Rob Blackman said much the same, although the board of aldermen has yet to take up the issue formally.
“We haven’t had any official discussion, but I don’t see us opting out,” Blackman said. “What has been discussed has centered on the zoning issues, as far as where it would be allowed, rather than any discussion of opting out.
“I think people here want it, for the most part,” he added. “And we wouldn’t want to miss out on the revenue resulting from it.”
Indeed. Economic experts estimate a capital investment of $150 million to $175 million for the largest marijuana operations. It’s unlikely cities or counties would provide any tax abatements to those businesses, meaning they’ll pay full school and county taxes.
In addition, medical marijuana will be subject to the state’s 7% sales tax, as well as a 5% excise tax. While some states have a limit on the number of grow facilities and dispensaries, Mississippi has no such limit.
Information on Moss Point’s intentions was not readily available, and in Gautier, city councilman Dante Elbin said there have been no discussions, formal or otherwise, on the issue.
Elbin was asked, however, what his personal thought on the issue were, given his standing as a retired Gautier police chief.
“My whole career was spent trying to eradicate illegal marijuana from our streets,” he said. “I’m not for it, but when it comes to the medicinal side of it, I’m not opposed to that, as long as we’ve got strict laws and guidelines in place that are strictly enforced.”
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