The Lauderdale County Board of Supervisors on Monday opted out of the state’s medical marijuana program by a 3-2 vote.

The vote came a day before the May 3 deadline for local governments to decide whether or not to participate in the medical marijuana program.

“I think there’s a place for medical marijuana, but that’s in the city,” Board President Jonathan Wells said.

The board’s decision prohibits the cultivation, processing and distribution of medical marijuana within the unincorporated areas of Lauderdale County. Their action, however, does not impact residents’ ability to receive medical marijuana cards or to use legally prescribed marijuana.

Board Attorney Lee Thaggard said the City of Meridian or Town of Marion are separate entities and the board’s vote would not affect medical marijuana infrastructure within the two municipalities.

“Your decision effects only the unincorporated areas of Lauderdale County,” he said. “It does not effect the Town of Marion. It does not affect the City of Meridian. Those governing bodies make their own decisions and govern their own jurisdiction. Your decision is for outside the City of Meridian and outside the Town of Marion.”

County supervisors have spent several weeks discussing the medical marijuana program and researching the statute to glean information on what the program will look like. They’ve expressed hesitancy on the program because state regulations governing medical marijuana are still being written.

“DHS hasn’t even finished their part of the regulations yet, and we’re being asked to make a decision on something we’re not fully clear on on their part,” Wells said.

Supervisor Wayman Newell said not having those regulations was part of the reason for his vote to opt-out.

“It’s too much unknown for me to vote in,” he said.

Supervisor Kyle Rutledge, who joined Supervisor Joe Norwood in voting against the opt-out, said he didn’t have a problem with cultivation, but agreed dispensaries should not be allowed in the county.

“I don’t like the dispensaries,” he said. “I don’t want one next to every gas station in the county and just that part of it, but I am okay with the cultivation. Not even support of it, but if it’s my land in the county, and I wanted to build something and manufacture stuff, I don’t want someone telling me I can’t do it.”

Although they voted not to allow medical marijuana businesses to set up in the county, supervisors agreed the issue should be revisited after regulations were completed and enough information was available to answer their questions and concerns.

In a unanimous vote, the board agreed to revisit the issue of medical marijuana in its second meeting in January 2023.

“Maybe some of the problems would be answered at that time,” Newell said.

Petition process underway

Lauderdale County voters unwilling to wait until January have an alternative to overturn the board’s decision. The Mississippi Medical Cannabis Act outlined a petition process for voters to overrule an opt-out vote by collecting the lesser of 1,500 signatures or 20% of qualified electors.

A petition with the necessary signatures would trigger a special election within 60 days of its certification to put the issue before voters.

Norwood said he knew of a petition already gathering signatures ahead of Monday’s vote.

“There are people already circulating a petition,” he said. “They have it all ready to present to us.”

The law passed earlier this year by the legislature includes the process for the special election and the language to include on the ballot, Thaggard said. If a petition is successful, he said the special election would be held this summer.