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Changes to the medical marijuana law are headed to Gov. Reeves’ desk. Here’s what they are.

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Changes to the medical marijuana law are headed to Gov. Reeves' desk. Here's what they are.

The has approved changes to Mississippi's cannabis that will limit the information available to the public about businesses' citation records and will attempt to crackdown on inconsistencies from the agencies tasked with running the new medical marijuana program.

The bill, first filed in the House, was amended by a Senate committee and the full Senate before the House passed it last . Gov. Tate Reeves must sign the bill before the new regulations are added to the law. The changes span fromminor language tweaks to new provisions on background checks and public records.

The medical marijuana program has been fully operable — with dispensaries selling Mississippi-grown cannabis — for just under three months.

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The rollout hasn't been without hiccups. A Mississippi Today investigation found the Department of Health wasn't being consistent, especially in its approval of cultivation plans, while dealing with a backlog of applications.

Legislators echoed businesses' concerns throughout hearings over the bill.

“Unfortunately the Department of Health in their rules and regs probably accepted some things that were not intentioned (sic) by the bill,” said Sen. Kevin Blackwell, a Republican from Southaven and one of the bill's authors on the floor on March 8. “So we are to correct those … and we do so in the bill.”

State Sen. Kevin Blackwell, R-Southaven, lead negotiator, holds a bag of hemp to illustrate to lawmakers what specific portions of the Mississippi Medical Cannabis Equivalency Units would look like during his presentation of the Mississippi Medical Cannabis Act in the Senate Chamber at the Mississippi State Capitol in Jackson, Miss., Thursday, Jan. 13, 2022. The body passed the act. (AP Photo/Rogelio V. Solis)

Legislators approved a new addition that says: “No state agency, political subdivision or board shall implement any rule, regulation, policy, or requirement that is contrary to the provisions of the Mississippi Medical Cannabis Act.”

The bill also turns a mistake by the health department into part of the law. Blackwell told the Senate that the department approved a large operator's secondary location under one license when it submitted its application. The adjustment allows for the state's largest cannabis growers to have up to two locations as long as the total canopy size doesn't exceed 150,000 square feet.

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That makes the setup of Mockingbird Cannabis, one of the state's leading cultivators, with a smaller secondary greenhouse-style location 12 miles from their main site acceptable under one license.

While growers have been debating if adapted greenhouses should be permitted, none of the bill's updates directly address their use.

Mississippi Today was able to learn specifics about Mockingbird – and the construction of its greenhouse – through a public records request for the DOH's investigation records.

The law's changes make investigation records, including citations handed out by health department agents, exempt from the public record law until an investigation has concluded and all appeals ended.

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An early draft of the bill called for such records to remain exempt from public record indefinitely, but some senators found the records being exempt from public record for any period unacceptable.

“I think if it was put out in transparency, it would dispel any of the back and forth on social ,” said Sen. Angela Burks Hill, R-Picayune, one of five senators who voted against approving the changes. “I think hiding that is only going to fuel that speculation.”

Sen. Angela Burks Hill, R-Picayune

Critics pointed out an appeal could take a long time, keeping citation records away from the public and legislators even if they're ultimately found valid. Blackwell said the changes were made because of “falsehoods” being spread on social media as competitors became aware of other growers' cited infractions.

The addresses of all cannabis-related businesses, outside of dispensaries, will also be exempt from public record and no longer posted publicly. Rep. Lee Yancey, R-Brandon, said during hearings this was to protect businesses already not accessible to the public, which could be targets vulnerable to because of the large amount of cash and marijuana products on hand.

The bill includes several other changes that affect and businesses:

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  • The Department of Health will now have only 10 days within submission (changed from 30) to approve a patient's medical cannabis card application. This change after MDOH has experienced major backlogs in processing applications.
  • Patients can now have a follow up with a different doctor than the one who first approved their medical cannabis card without disrupting their care or access to medical marijuana.
  • Doctors and nurses who have approved a patient to receive a medical cannabis card can now help them fill out the online application with the state. Yancey said this was especially to help elderly patients.
  • The law now specifies the Mississippi Justice Information Center of the Department of Public Safety and the Federal of Investigation will handle background checks on workers and caregivers.
  • Testing facilities can become licensed transporters or contract with transporters.
  • Businesses can display marijuana imagery in company logos and other branding. Dispensaries can also post pictures online to display what they sell.
  • Hemp products are not affected by the cannabis act.
  • Dispensaries can sell hemp items that are legal under federal law, such as low-THC products known as “CBD.” Dispensaries can also sell topical products that contain marijuana, which cannot be ingested, to patrons over 21 who don't have a medical cannabis card. These products have to be placed in a separate area than the products for card holders.
  • Dispensary licensees now have 18 months instead of 12 to complete construction and still maintain their accreditation.
  • The health department can contract with private laboratories for compliance testing, but those labs cannot also perform commercial testing for medical cannabis businesses.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1951

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April 28, 1951

Ruby Hurley Credit: Wikipedia

Ruby Hurley opened the first permanent office of the NAACP in the South.

Her introduction to activism began when she helped organize Marian Anderson's 1939 concert at the Lincoln Memorial. Four years later, she became national youth secretary for the NAACP. In 1951, she opened the organization's office in Birmingham to grow memberships in Alabama, Florida, Georgia, Mississippi and Tennessee.

When she arrived in Mississippi, there were only 800 NAACP members. After the governor made remarks she disagreed with, she wrote a letter to the editor that was published in a Mississippi newspaper. After that step in courage, membership grew to 4,000.

“They were surprised and glad to find someone to the governor,” she told the Chicago Defender. “No Negro had ever challenged the governor before.”

She helped Medgar Evers investigate the 1955 murder of Emmett Till and other violence against Black Americans. Despite threats, she pushed on.

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“When you're in the middle of these situations, there's no room for fear,” she said. “If you have fear in your heart or mind, you can't do a good job.”

After an all-white jury acquitted Till's killers, she appeared on the front of Jet magazine with the headline, “Most Militant Negro Woman in the South.”

Months later, she helped Autherine Lucy become the first Black student at the of Alabama.

For her work, she received many threats, a bombing attempt on her home. She opened an NAACP office in Atlanta, where she served as a mentor for civil rights leader Vernon Jordan, with whom she worked extensively and who went on to serve as an adviser to President Bill Clinton.

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After learning of Evers' assassination in 1963, she became overwhelmed with sorrow. “I cried for three hours,” she said. “I shall always remember that pool of blood in which he lay and that spattered blood over the car where he tried to drag himself into the house.”

She died two years after retiring from the NAACP in 1978, and the U.S. Post Office recognized her work in the Civil Rights Pioneers stamp . In 2022, she was portrayed in the ABC miniseries, “Women of the Movement.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Rare open negotiations occur on important Medicaid expansion issue

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mississippitoday.org – Bobby Harrison – 2024-04-28 06:00:00

The curtain was pulled back last for the first time in years on the Mississippi 's often mysterious conferencing process.

A conference committee consists of three representatives and three senators appointed to try to reach agreement when the two chambers pass differing versions of the same bill. Last week, a conference committee formed to try to reach agreement on expansion caused a stir by meeting in a public setting.

Even though the joint rules of the Mississippi Legislature call for an open conferencing process, the conferees seldom meet in public. They usually meet and negotiate their differences near the end of the behind closed doors.

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That was not always the case.

For a period in the late 1990s and early 2000s, the Legislature, under intense pressure from the Mississippi Press Association, made open conference committees the norm.

Some major issues have been played out in public conference committees. Notable open conferences include:

  • The infamous, excruciatingly long special session in 2002 where businesses received more protection from lawsuits.
  • Budget fights when Haley Barbour was governor when legislators often would reach an impasse in the negotiations process and spend the bulk of their time talking about their cars and eating candy.
  • The major rewrite of the 's economic development package under then-Gov. Ronnie Musgrove called Advantage Mississippi.
  • The Mississippi Adequate Education Program, which for decades has provided the state's share for the basic operation of local school districts. It was hammered out in an open conference process in 1997 even before the joint rules mandated the open process.

Then-state Sen. Musgrove and former House Speaker Billy McCoy deserve credit or blame, according to one's perspective, for proving the open conference process could work. When they chaired their respective chamber's education committees, they insisted on an open conference process.

But in more recent years, open conference committees have been few and far between. The joint rule has been largely ignored.

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The fact that the three House and three Senate conferees agreed to meet at least once in public on Medicaid expansion — one of the most pivotal issues facing the Legislature in recent years — drew considerable attention.

If nothing else, the open conference committee provided a raw and unedited view of how far apart the two chambers were at the time on an issue that would provide additional coverage to primarily the working poor.

The House wanted to provide coverage to those earning up to 138% of the federal poverty level, or about $20,000 annually for an individual, while the Senate had proposed providing coverage to those earning less than 100% of the federal poverty level, or about $15,000 per year.

According to various experts, the House plan would provide coverage to many more working and cost less to the state than would the Senate plan. The reason for the lower cost to the state is that when expanding to 138%, the federal will pay 90% of the costs and provide the state an additional roughly $700 million over two years as an enticement to expand.

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Under the Senate plan, the federal government will pay 77% of the cost and offer no incentives. It is important to understand that in the expensive world of health care, the difference in 77% of the cost and 90% means tens of millions to Mississippi state coffers.

The House conferees repeatedly pointed out those numbers — their plan covering more at less cost — during last week's open conference committee.

One of the reasons legislators through the years have not been enamored with an open conference process is that it has often turned into efforts by the negotiators to sell their position to the public.

Once the open conference process starts, the side that feels the most comfortable with its position wants to meet more often in full view of the public to make sure the public understands where each side stands.

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For whatever it is worth, the House conferees were more enthusiastic about continuing the open process after the initial Medicaid expansion conference committee.

And after that initial open conference, the Senate offered a compromise to those earning up to 138% of the federal poverty level — just as the House proposed.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Legislation to strip key power of PERS Board passes both chambers

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mississippitoday.org – Bobby Harrison – 2024-04-27 15:39:23

Legislation that strips significant power from the board that governs the 's public employee pension program has passed both chambers of the Legislature.

Under the legislation set to go to Gov. Tate Reeves during the final days of the 2024 session, the Public Employees Retirement System Board would no longer have the authority to increase the contribution rate levied on governments (both on the state and local level) to help pay for the massive retirement system.

The legislation, which passed both chambers in recent days, was a reaction to the by the board to increase by 5% over a three-year period the amount local governments contribute to each employee's paycheck for their retirement. Under the PERS Board plan, the employer contribution rate would have been increased to 22.4% over three years, starting with a 2% increase on July 1.

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The board said the increase was needed to ensure the long-term financial stability of the system that pays retirement benefits for most public employees on the state and local levels, staff of local school districts and universities and community colleges.

and county government officials in particular argued that the 5% increase would force them to cut government services and lay off employees.

Under the bill passed by the Legislature there still would be a 2.5% increase over five years — a .5% increase in the employer contribution rate each year for five years.

In addition, legislative said they plan to put another $100 million or more in state tax dollars into the retirement system in the coming days during the appropriations .

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Under current , the PERS Board can act unilaterally to increase the amount of money governmental entities must contribute to the system. But under the new bill that passed both chambers, the board can only make a recommendation to the Legislature on increasing the employer contribution rate.

The PERS Board also would be required to include an analysis by its actuary and independent actuaries on the reason the increase was needed and the impact the increase would have on governmental entities.

In the 52-member Senate, 14 Democrats voted against the bill. Only one House member voted against the proposal.

Sen. David Blount, D-, said the bill failed to address the financial issues facing the system. He said a permanent stream is needed.

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Blount said, “You are moving in the wrong direction and weakening the system” with the bill the Legislature approved. “Is it painful? Is it going to cost more money? Yes, but we need to do it” to fix the system.

The system has assets of about $32 , but debt of about $25 billion. But Sen. Daniel Sparks, R-Belmont, and others argued that the debt was “a snapshot” that could be reduced by strong performance from the stock market. The system depends on its investments and contributions from employers and employees as sources of revenue.

The system has about 360,000 members including current public employees and former employees and retirees.

The legislation states that no changes would be made for current members of the system. The legislation does reference looking at possibly changing the system for new employees. But that would be debated in future legislative sessions.

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The bill does not include an earlier House proposal to dissolve the PERS Board, which consists primarily of people elected by the members of the system, and replace them with political appointees.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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