Lauderdale County voters will head to the polls Tuesday to decide whether or not to allow medical marijuana to be grown, processed and sold in unincorporated areas of the county. Polls will be open from 7 a.m. to 7 p.m. to give residents a chance to cast their votes.

The vote comes two years and five days after voters within the county, and throughout the state, overwhelmingly supported Initiative 65, a ballot measure to legalize medical marijuana in Mississippi.

Initiative 65 and the ballot initiative process itself were later declared unconstitutional by the Mississippi Supreme Court in May 2021. Following the court’s decision, state legislators created the Mississippi Medical Cannabis Act during the 2022 session but failed to reach consensus on restoring the ballot initiative process.

Under the Mississippi Medical Cannabis Act, county and municipal governments had 90 days from the bill being signed to decide whether or not to opt out of the program. The opt out allowed local governments to prohibit the cannabis industry from establishing cultivation, processing or dispensaries in the area under their control.

The Lauderdale County Board of Supervisors voted on May 2, a day before the deadline, to opt out of the program citing a lack of clarity on the program’s regulations, which were still being written, a lack of zoning laws to restrict where the cannabis industry could operate and that the county does not receive sales tax and would not see a direct benefit from medical marijuana sales.

The City of Meridian chose to participate in the state medical marijuana program, while the Town of Marion voted to opt out until the implementation of the program was more clear.

Under the Mississippi Medical Cannabis Act, a petition signed by 1,500 registered voters or 20% of qualified electors could put the medical marijuana issue to a vote. In September, the board of supervisors was informed a successful petition had been certified and agreed to put the issue on the November 8 ballot.

If approved by the voters, unincorporated areas of the county would be opened up to the cannabis industry to set up shop. The vote would not impact businesses within the City of Meridian or Town of Marion, since they are considered separate entities.

Neither the board’s decision to opt out nor the ballot question limits residents with a qualifying medical need to obtain a medical marijuana license or use legally prescribed cannabis.

Regardless of what the voters decide, the issue of medical marijuana can not be brought up for a vote again for two years.