Supervisors opt out of medical marijuana

The Board of Supervisors voted 4-1 on Monday to opt out of the state’s new medical marijuana law that, without the vote, would have automatically allowed growing and the opening of dispensaries in the county.

Neshoba County Sheriff Eric Clark had warned supervisors about legalizing marijuana without clear guidelines being in place and backed the decision to opt out to take time to understand more fully the implications of the law and impact on law enforcement, especially.

District 5 Supervisor Obbie Riley was the sole vote for growing and selling marijuana in the county.

Many other cities and counties have taken a wait-and-see approach as well since details have not been worked out by state health regulators.

Under the new law, doctors can prescribe medical marijuana to treat pain for people with debilitating conditions such as cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, HIV/AIDS, hepatitis. 

With that prescription, people will still be able to use medical marijuana in Neshoba County in certain small amounts. 

Prior to the formal vote on Monday, a public hearing was held and seven people spoke.

Local attorney Jeremy Chalmers pointed out that in the 2020 election, nearly 70 percent of the Neshoba County voters voted in favor of Initiative 65 which would legalize the use of medical marijuana in Mississippi. 

Chalmers’ 70 percent is, in actuality, those voting, not the voting age population. About 32 percent of the voting age population in Neshoba County voted for marijuana.

Chalmers had made a similar pitch to the Mayor and Board of Aldermen two weeks ago where officials indicated they would opt out.

City officials were to have taken a formal vote Tuesday night after the Democrat went to press.

Chalmers predicted there will be a petition calling for a local pot election to override the supervisors.

The new law allows voters to force an election if local governments opt out. To force an election, a petition must include signatures of either 20 percent of the population or 1,500 people, whichever is less.

If a city or county does not opt out by May 3, there will never be another opportunity to do so, according to the new law.

Cities and counties can always opt in, according to the law.

“What you are forcing to happen, is the same folks who voted in favor of this, will have to get a petition for an election and there will be the expense of holding a special election,” Chalmers said.

A person who identified as a a cannabis educator spoke as well.

“We are not talking about recreational use or trying to bring something in on the black market,” said Mignon Johnson, who said she was a cannabis educator.

She pointed out that opting out will force people to travel to other places that do sell it, and some are too sick to travel.

Richard Stokes said he supported the Constitution. As long was it was against federal law to manufacture and possess marijuana in any form, he was against it.

Ken Edwards talked about how medical marijuana could help one of family members with pair and urged supervisors to treat the medical marijuana like it was a medicine.

Supervisor Riley explained his possession.

“This was voted on the citizens of Neshoba County and nearly 70 voted for it,” Riley said. “The state of Mississippi should not have force me to be in this position. I look at it as purely a medical issue that is ran by the Department of Revenue and the state Health Department.”

Those departments have not issued full guidelines and that was a concern of Neshoba County Sheriff Clark and others in places such as Madison, Ridgeland, Gluckstadt, Pass Christian and Flora  who took the wait-and-see approach.

Clark earlier this month endorsed the county’s decision because of several concerns, among them the lack of knowledge concerning regulations and regulatory authority in what is a 445-page bill that became law on Feb. 2.

“We need time to adapt and educate ourselves on mistakes that others have made,” Clark said.

Those mistakes made by other jurisdictions “will help guide us locally as we gauge the right time to opt in,” he said.

Clark listed three specific concerns:

• Increased impaired driving due to medical marijuana use. Officers will need to be better trained on roadside field sobriety.

• Marijuana dispensaries in other areas may create an increase of black market sale or old bootlegging type operations.

• Call volumes will initially increase due to county residents complaining of the smell of burning marijuana.

Clark said in a county that currently fields 4,445 calls annually, any increase will be problematic to the Sheriff’s Office.

In other actions, supervisors voted to:

• Renew the jail fire alarm system contract through April 30, 2023, at a cost of $5,301.

• Approve the hiring of two employees for the Road Department and the resignation of one employee.  

• Supervisors accepted the notice of an attachment from the state Department of Revenue.

• Accept the receipt of a grant from the Waste Tire Program Grant from the Department of Environmental Quality.

• Accepted the annual Office of State Aid Road Construction (OSARC) maintenance inspection report.

• Approved a 16th Section Other Classification Lease at 10951 County Road 2826.

• Accepted the 2021 Constable Annual Financial Reports from Josh Burt and Keith McCrory.

• Approve the employment of three telecommunicators for Emergency Management.

• Approve the county employee payroll totaling $1841,57 and ending April 4.

• Approve the county elected officials payroll totaling $41,801 and ending April 15.

• Approve ad valorem exemption request for Viking Metals.

• Supervisors voted to observe the State Confederate Memorial Day as Neshoba County Fair Day on Thursday, July 28.

• Supervisors also considered bids for materials for various road projects.