In every state where a ballot measure asked Americans to reconsider the drug war, voters sided with reformers. In Arizona, Montana, New Jersey, and South Dakota, voters legalized marijuana for recreational purposes. In Mississippi and South Dakota (separate from the full legalization measure), voters legalized medical marijuana.
Proposition 207 (recreational marijuana)
The law would allow limited marijuana possession, use and cultivation by adults 21 or older; amend criminal penalties for marijuana possession; ban smoking marijuana in public; impose a 16% excise tax on marijuana sales to fund public programs; authorize state/local regulation of marijuana licensees; and allow expungement of marijuana offenses.
Should Mississippi allow medical marijuana?
Which program should Mississippi use, 65 or 65A?
Initiative 65:The initiative proposes to amend the Mississippi Constitution to allow qualified patients with debilitating medical conditions, as certified by Mississippi-licensed physicians, to use medical marijuana. Medical marijuana would be provided only by licensed treatment centers. The Mississippi State Department of Health would regulate and enforce the provisions of this amendment.
Initiative 65A:This constitutional amendment is proposed as a legislative alternative measure to Initiative No. 65 and would establish a program to allow the medical use of marijuana products by a qualified person with debilitating medical conditions.
Initiative 190 (recreational marijuana)
This initiated measure legalizes the possession and use of limited amounts of marijuana for adults older than 21. The measure requires the Montana Department of Revenue to license and regulate the cultivation, transportation and sale of marijuana and marijuana-infused products and to inspect premises where marijuana is cultivated and sold. It also requires licensed laboratories to test marijuana and marijuana-infused products for potency and contaminants. I-190 establishes a 20% tax on nonmedical marijuana, with 10.5% of the tax revenue going to the state general fund. The rest will be dedicated to accounts for conservation programs, substance-abuse treatment, veterans’ services, health-care costs and localities where marijuana is sold. I-190 allows a person currently serving a sentence for an act permitted by I-190 to apply for resentencing or an expungement of the conviction. The measure prohibits advertising of marijuana and related products.
Public Question 1 (recreational marijuana)
This amendment would legalize adult-use cannabis for people at least 21 years old. The Cannabis Regulatory Commission would oversee the new adult cannabis market. This commission was created in 2019 to oversee the state’s medical cannabis program. The scope of the commission’s new authority would be detailed in laws enacted by the state Legislature. All retail sales of cannabis products in the new adult cannabis market would be subject to state sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.
Measure 26 (medical marijuana)
This measure legalizes medical use of marijuana by qualifying patients, including minors. “Medical use” includes the use, delivery, manufacture and cultivation (for state residents) of marijuana and marijuana-based products to treat or alleviate debilitating medical conditions certified by a patient’s practitioner.
Amendment A (recreational marijuana)
This amendment to the South Dakota Constitution legalizes, regulates and taxes marijuana and requires the state Legislature to pass laws regarding hemp and laws ensuring access to marijuana for medical use.