A month after hearing initial arguments on IM 65, the Mississippi Supreme Court voted to overturn the voter approved measure on a technicality. Six judges ruled in favor of the plaintiff, Madison City Mayor Mary Hawkins Butler, who filed the lawsuit against IM 65. Three dissented.

Districts

The issue that IM 65 faced came down to districts. Back in the 1990s, Mississippi had five districts. Section 273 of the state’s constitution passed and reads: “Signatures of the qualified electors from any congressional district shall not exceed one-fifth (1/5) of the total number of signatures required to qualify an initiative petition for placement upon the ballot.”

Each district needs an equal number of signatures. They can’t go over 1/5th of the total number. This ensures that everything is even and the opinion of the people is as accurate as possible. However, in 2020, Mississippi only had four districts. A recent census determined that Mississippi has a decreasing population, so they redid the district distribution to better represent the people.

But the law never updated. It still states that each district should not exceed 1/5th of the total number of signatures. With four districts, this is mathematically impossible to do. In theory, any measure presented as a potential amendment should not be on the ballot. 

Court Ruling

The Mississippi Supreme Court released a 58-page statement on their ruling. They acknowledged the overwhelming support voters had for IM 65. 74 percent of voters approved of the medical cannabis program initiative. However, the judges said their hands became tied when it involved the law. Their decision addressed the concerns that the district change poses:

“We find ourselves presented with the question squarely before us and nowhere to turn but to its answer. Remaining mindful of both the November 3, 2020 election results and the clear language in section 273 seeking to preserve the right of the people to enact changes to their Constitution, we nonetheless must hold that the text of section 273 fails to account for the possibility that has become reality in Mississippi.

“Whether with intent, by oversight, or for some other reason, the drafters of section 273(3) wrote a ballot-initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress. To work in today’s reality, it will need amending—something that lies beyond the power of the Supreme Court.”

The current population of Mississippi can’t be represented until the rules change. Until then, the Supreme Court must uphold the law as written, even if it doesn’t work. 

Opposition

Many are upset by the Supreme Court’s ruling. The executive director for the MIssissippi Medical Marijuana Association, Ken Newburger, published a press release about the ruling. 

“The Mississippi Supreme Court just overturned the will of the people of Mississippi. Patients will now continue the suffering that so many Mississippians voted to end. The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people’s constitutional right…It’s a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn’t matter.”

One of the dissented judges argued that section 273(3), which was used against IM 65, is meant to obstruct any constitutional amendment because of the impossible math associated with it. And with this ruling, all amendments proposed since the 1990s when section 273(3) passed should have been deemed unconstitutional as well. But none of the former laws or amendments will be considered. 

Future

The Mississippi Department of Health had been working to implement IM 65 should the court ruled in favor of it. Unfortunately, all work will cease with this new ruling. In a local interview, the director of communications seemed disappointed with the outcome. However, there is a silver lining. “The agency has certainly learned a lot in the process of putting together a successful medical marijuana program, and we stand ready to help the legislature if it creates a statutory program.”

Any chances of legalization will have to wait until next year. With large support from the public, lawmakers will make it happen.

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