Name: Mississippi Supreme Court Won’t Consider Challenge To Medical Marijuana Measure Until After Election
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Mississippi Supreme Court Won’t Consider Challenge To Medical Marijuana Measure Until After Election

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The Mississippi Supreme Court announced on Wednesday that it won’t weigh the merits of a that voters will decide on next week until after Election Day.The case, filed on Monday by the mayor of the city of Madison, alleges that state law was not properly followed to place the cannabis issue before voters.The top state court had initially directed the secretary of state to respond to the complaint by the end of business on Wednesday. But in a new one-page order, Chief Justice Michael Randolph rescinded the earlier filing and instead asked that the official weigh in by next Friday, November 6—three days after voters will decide on the two competing medical cannabis measures that appear on their ballots.Madison’s emergency petition cites a law stipulating that “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.” But that policy went into effect when Mississippi had five congressional districts, and that’s since been reduced to four, making it mathematically impossible to adhere to.“Petitioners’ challenge to the filing of the petition for Initiative Measure No. 65 is a challenge to form,” the filing from Madison Mayor Mary Hawkins Butler (R) says. “The measure could be about any topic, and its constitutional invalidity would remain. No matter what the content of the measure is, the petition signatures are insufficient under the plain language” of the Constitution until the lawmakers institute a fix.“It is unfortunate that the Legislature’s failure means that the Constitution cannot be amended by initiative until either Section 273(3) is amended or Mississippi regains a congressional seat,” the lawsuit&nbsp;states, adding that the mayor isn’t necessarily against medical marijuana itself.She wants the court to deem the placement of the legalization initiative unconstitutional and “issue whatever extraordinary writs appropriate” to nullify the vote.Under the activist-driven reform measure, patients with debilitating medical issues would be allowed to legally obtain marijuana after getting a doctor’s recommendation. The proposal includes 22 qualifying conditions such as cancer, chronic pain and post-traumatic stress disorder, and patients would be able to possess up to 2.5 ounces of marijuana per 14-day period.Mississippians for Compassionate Care (MCC), the campaign behind the initiative, has faced a series of obstacles before and after qualifying for the state’s November ballot.Most recently, President Trump’s reelection campaign&nbsp;, claiming “unauthorized and misleading representation” of the president’s position on the reform measure in one of its mailers—even though he has on multiple occasions spoken favorably on camera about medical cannabis.But the primary complication for advocates is the fact that two competing initiatives will appear alongside each other on the ballot. After&nbsp;&nbsp;by collecting signatures from voters, the legislature&nbsp;. The result is&nbsp;—and that potential confusion threatens to jeopardize the activist-led proposal.The Mississippi State Medical Association and American Medical Association&nbsp;, circulating a sample ballot that instructs voters on how to reject Initiative 65.Earlier this month, Gov. Tate Reeves (R) signed legislation that amends state law to allow people to&nbsp;&nbsp;that are approved by the Food and Drug Administration. He also&nbsp;reiterated his opposition to broader medical cannabis reform, stating that he’s “against efforts to make marijuana mainstream.”In June, lawmakers introduced yet another medical cannabis alternative resolution that would’ve similarly posed a threat to the activist-driven reform initiative. But, to advocates’ relief,&nbsp;&nbsp;for the summer.Mississippians for Compassionate Care Communications Director Jamie Grantham called the new lawsuit “meritless.”“This is simply a last-ditch effort by political and bureaucratic opponents to deny relief to patients with 22 specific debilitating medical conditions,” she said.This isn’t the first time that this election cycle that courts have been involved in state-level cannabis legalization ballot initiatives.The Montana Supreme Court last week rejected a lawsuit&nbsp;&nbsp;that will appear on the state’s November ballot.With weeks before the election,&nbsp;, arguing that because it involves appropriating funds, it violates state statute on citizen initiatives. The court didn’t weigh in on the merits of the case; rather, it said the petitioners with the reform campaign failed to demonstrate “urgency or emergency factors” that would justify moving the case into its jurisdiction instead of going through trial and appeals courts first, which opponents said they will now do.In neighboring Nebraska, the state Supreme Court ruled last month that a measure to legalize medical cannabis that had qualified for the November ballot could not proceed&nbsp;.Activists there are already pursuing a&nbsp;.Read the Mississippi chief justice’s order below:by on Scribd&nbsp;Photo elements courtesy of and .Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

The Mississippi Supreme Court announced on Wednesday that it won’t weigh the merits of a that voters will decide on next week until after Election Day.The case, filed on Monday by the mayor of the city of Madison, alleges that state law was not properly followed to place the cannabis issue before voters.The top state court had initially directed the secretary of state to respond to the complaint by the end of business on Wednesday. But in a new one-page order, Chief Justice Michael Randolph rescinded the earlier filing and instead asked that the official weigh in by next Friday, November...

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Mississippi Supreme Court Won’t Consider Challenge To Medical Marijuana Measure Until After Election

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