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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 Legislature has approved changes to Mississippi's that will limit the information available to the public about businesses' citation 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 week. 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 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.”

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- 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, 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 media,” 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 process 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 crime because of the large amount of cash and marijuana products on hand.

The bill includes several other changes that affect patients 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 comes 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 1973

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mississippitoday.org – Jerry Mitchell – 2024-03-29 07:00:00

March 29, 1973

The statue of Bradley stands in front of the Tom Bradley International Terminal at the Los Angeles International Airport. Credit: Courtesy of LAX Public Relations

Tom Bradley became mayor of Los Angeles — the first Black mayor of a predominantly white major in the U.S. 

He was born into poverty in , the son of sharecroppers and the grandson of slaves. Seven years after his birth, his moved to Los Angeles. He attended UCLA on a track scholarship and left there to join the Los Angeles Department. 

After his 21 years at the department, he became a lieutenant — the highest rank achieved by a black officer at the time. In 1963, he became the first Black member elected to the Los Angeles City Council. After losing his first race for mayor in 1969, he returned to defeat incumbent Sam Yorty, building a coalition with White voters. 

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His 20 years in office marked the longest tenure of any mayor in the city's history. During his time, he oversaw great expansion of the city and the 1984 Summer Olympics. He also appointed Myrlie Evers to the Public Works Commission. 

“His mayoralty was a time in which Los Angeles reconfigured itself, redefined itself,” historian Kevin Starr told the Los Angeles Times

But the humble politician saw his share of disappointment, falling thousands of votes short of becoming California's first Black governor in 1982. He also endured his share of criticism for his “nearly expressionless demeanor,” receiving the nickname “The Sphinx of City Hall.” Criticism came nine years later after four White police beat Rodney King — an assault captured on videotape. 

Bradley died in the hospital in 1998 after suffering an unexpected heart attack — his second. Raphael J. Sonenshein, the author of “ in Black and White: Race and Power in Los Angeles,” called Bradley “the most important political figure in Los Angeles in the last three decades.” 

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The Los Angeles International Airport now features a bust of Bradley, and the international terminal bears his name.

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

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Mississippi Today

Senate passes Medicaid expansion ‘lite’ with veto-proof majority

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mississippitoday.org – Sophia Paffenroth and Taylor Vance – 2024-03-28 17:37:35

An austere version of expansion, which for more than a decade has been blocked by legislative leaders, passed the Senate on Thursday 36-16 – a veto-proof majority – with significant changes to the original bill and now heads back to the House for consideration.

House Bill 1725, with the Senate's strike-all amendment, would increase Medicaid eligibility to those making up to 99% of the federal poverty level, about $15,000 annually for an individual, and would be entirely contingent on the federal approving a work requirement of 120 hours a month. 

That's significantly different from the version of the bill that passed the House, which increased eligibility to those making up to 138% of the federal poverty level, about $20,000 annually for an individual, and would expand Medicaid regardless of whether or not the work requirement was approved. 

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Senate Medicaid Chairman Kevin Blackwell, R-Southaven, called the strike-all a more “conservative, responsible” option and described  it a “hand up, not a handout.” The Senate plan turns down roughly $1 federal dollars a year since it doesn't qualify as “expansion” according to the Affordable Care Act.

Republican Lt. Gov. Delbert Hosemann, who oversees the Senate, said that covering more low-income under Medicaid would improve the state's dismal labor participation rate – the lowest in the country

“If we as a society, as a state, believe we should have individuals who are working, stay in the workforce, pick up our labor force participation rate, then we need to do what Sen. Blackwell and the Senate did .” 

Senate Democrats introduced several amendments, which , who hold a majority in the chamber, successfully opposed. The amendments called for: increasing the income eligibility threshold, changing the work requirement from 120 hours a month to 80 hours a month, and lowering a recertification requirement from four times a year to twice a year. 

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The Democratic senators strongly criticized the Senate plan to reporters after it passed but voted in favor of it to keep the bill alive – in hopes that the plan will improve later during House and Senate haggling. 

“This bill was not perfect,” Senate Minority Leader Derrick Simmons said. “We would love to see more individuals covered. We would love not to have any hurdles or restrictions on additional access to care coverage. But we did not want to lose an to keep this bill alive as we work through this process.”

Sen. Joey Fillingane, R-Sumrall, also attempted to amend the bill by removing two of the exemptions to the work requirement – for primary caregivers of children under six years old and those diagnosed by a doctor to have a disability – and requiring co-payments for individuals fulfilling the work requirement. A few hardline conservatives supported his efforts, but both amendments were ultimately shot down by senators. 

Sixteen senators voted ‘No' on the plan: Jason Barrett, R-Brookhaven; Andy Berry, R-Magee; Jenifer Branning, R-Philadelphia; Lydia Chassaniol, R-Winona; Kathy Chism, R-New Albany; Joey Fillingane, R-Sumrall; Angela Burks Hill, R-; Chris Johnson, R-Hattiesburg; Tyler McCaughn, R-Newton; Michael McLendon, R-Hernando; Rita Potts Parks, R-Corinth; Brian Rhodes, R-Pelahatchie; Joseph Seymour, R-Vancleave; Daniel Sparks, R-Belmont; Ben Suber, R-Bruce; Neil Whaley, R-Potts Camp. 

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House Medicaid Chair Missy McGee, R-Hattiesburg, told Mississippi Today that she does not intend to agree with the Senate's amendment and plans to hammer out a compromise in a conference committee. 

“I'm happy the Senate passed a bill,” McGee said. 

Though the Senate's plan has stricter eligibility requirements than the House version, Republican Gov. Tate Reeves, a longtime opponent of expansion, privately told senators at the Governor's Mansion on Tuesday that he would veto the bill if it reached his desk.

If the second-term governor does veto the bill, a two-thirds majority of lawmakers in both legislative chambers would need to join together to successfully override him and pass the measure into law. Both chambers passed their versions with veto-proof majorities.

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Hosemann did not directly answer whether he believes there is an appetite in the GOP-controlled Senate to override a potential veto, but he said the work requirement in the Senate bill is a “good first step” toward addressing Reeves' concerns about the bill. 

“We're going to get with our House counterparts here and maybe that step forward is sufficient for the governor,” Hosemann said. “I don't think there was anybody here that didn't feel the weight of having people who are working have a catastrophic and not get back into the workforce.” 

House members have until April 19 to either agree with the Senate plan or to work on a compromise in a conference committee.

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

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Judge erred, double jeopardy shouldn’t apply, say AG attorneys seekng to retry acquitted assailant

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mississippitoday.org – Mina Corpuz – 2024-03-28 13:30:00

Nearly a year after a north Mississippi judge acquitted a 22-year-old who stabbed a man in the neck, nearly killing him, 's office lawyers want to re-prosecute the case. 

They are appealing the ruling, saying the victim's absence at trial, the reasoning the judge used for his ruling, did not violate the defendant's constitutional rights and prevent trial from proceeding.

But legal experts say a retrial can be a high barrier to overcome because of double jeopardy,  a clause in the U.S. and state Constitution that prevents defendants from being retried for the same an acquittal or conviction. 

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“This is a textbook case of double jeopardy,” said Matt Steffey, a professor at Mississippi College School of

In his May 11, 2023 dismissal of the attempted murder indictment and acquittal for Lane Mitchell, Union County Circuit Court Judge Kent Smith focused on the victim's absence, finding that it violated the defendant's due process and compulsory process rights, which is the ability to subpoena and secure favorable witnesses to testify. 

“This precedent thus makes the state responsible for and unable to go forward on nearly every criminal cause when a recalcitrant victim refuses to appear at trial,” the state wrote in a March 4 appellant's brief filed with the Court of Appeals. 

The victim, Russell Rogers of Tennessee, nearly bled out and suffered a stroke. As a result of the stabbing, he was diagnosed with post-traumatic stress disorder and other mental issues and placed under a conservatorship. 

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The state is asking the Court of Appeals to correct the trial court's “misstatements of law.” Alternatively, the state is asking the court to reverse and remand the trial judge's order and in its place issue an order that would allow the state to retry Mitchell. 

The defense has 30 days to respond to the appellant's brief, which is expected sometime early next month if no extensions are granted. The state will then have time to reply, and then the case can be submitted. Oral arguments were not requested. 

The 2019 stabbing

On Feb. 9, 2019, Rogers spent several hours in  Tallahatchie Gourmet in New Albany. When then-18-year-old Mitchell arrived there, he joined his and their friends in the bar area. 

Video presented in court and included in as pictures shows Mitchell, about an hour after his arrival, taking a knife from the bar and holding it behind his back as Rogers talked with a waitress. The manager  – Mitchell's father – and Rogers then talked, and when Rogers reacted negatively, Mitchell approached from behind and stabbed Rogers in the neck three times. 

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Mitchell testified he was trying to defend his father and the waitress, according to court records. The defendant said he thought Rogers had a gun, but in fact he was unarmed. 

Mitchell and Rogers had not met or talked prior to the stabbing, according to court records. 

Months after the stabbing, a Tennessee probate court found Rogers met criteria to be considered disabled and appointed his father, Robert Rogers, as his conservator. Russell Rogers remains under the conservatorship. 

Mitchell enrolled in two colleges while under indictment, first at the of Mississippi and then Mid-America Baptist Theological Seminary in Cordova, Tennessee, where he graduated days before his 2023 trial began. 

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The attorney general's office took over the case in 2021 when the district attorney recused himself from the case. 

Victim testimony central in case 

Mississippi law states victims can exercise their right to be present and heard in court proceedings, but their absence does not prevent the court from moving forward with a proceeding. Victims can be served with a subpoena, which Mitchell's attorneys sought to do with Rogers.

The state argues the trial court seemed to ignore the Tennessee probate court's order quashing the defense's attempt to subpoena Rogers, saying his mental problems stemming from the attack made him incapable of testifying.

The state argues the trial court only determined Rogers “appear[ed] to be intentionally unavailable” to testify in court, but it did not find what from his testimony would be favorable to the defense. 

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The defense wanted to question Rogers about his behavior the night of the stabbing and prior conduct and mental health issues, but the state wrote these factors “would not be material to a showing that Michell acted reasonably or that [Rogers] was the initial aggressor.”

Additionally, Rogers didn't witness the stabbing because Mitchell approached him from behind, the brief states. Regardless, the state argues, Mitchell's intent to defend others was already presented to the jury through other witnesses. 

The defense has argued in court filings and at trial that the conservator inserted himself into the case, including accusing him of working with the prosecution and denying access to the victim. 

The state had denied these claims, noting Robert Rogers was following his fiduciary duties as conservator when fighting the subpoena and other efforts. 

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Acquittal and double jeopardy

 Another issue raised in the state's brief is how the trial court violated the Mississippi Rules of Criminal Procedure by dismissing the indictment against Mitchell and entering an acquittal.

No rule of criminal procedure allows an indictment to be dismissed because a witness failed to appear, and acquittal isn't the proper remedy under the rules, the state argues. Instead, the valid remedies for a discovery violation are continuance or mistrial, which would have needed to have happened before a jury was sworn in and double jeopardy was in place. 

In its alternative remedy, the state asks the Court of Appeals to reverse and remand the trial court's and order a mistrial, which the state says would preserve its right to retry Mitchell. 

Former Mississippi Court of Appeals judge and Supreme Court Justice Oliver Diaz called acquittal an unusual position for a trial court and an example of how Judge Smith of the Union County court acted in a way that other trial courts don't tend to do. 

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He said the state may be asking the Court of Appeals to clarify the law and find that the judge ruled improperly, instead of seeking retrial and running into double jeopardy. 

“(A)ny judges in the future who consider this issue can know clearly and [it's] well stated by the court [that] you can't just order an acquittal if a victim doesn't show up,” he said. 

Crime victims' rights

Rogers and his conservator are asking the Court of Appeals to allow them to file an amicus curiae brief for the court to consider additional information, including victim's rights. 

A March 11 proposed amicus brief argues the trial judge's refusal to submit the case to the jury stripped Rogers of his constitutionally-protected rights as a victim. As of Thursday, the brief has not been approved. 

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Meg Garvin, executive director of the National Crime Victim Law Institute at Lewis & Clark College in Oregon, provided feedback to help craft the amicus brief. 

She said the Mississippi Constitution gives crime victims the right to be treated with fairness, dignity and respect, and just because those terms are broad, it doesn't mean they are empty. 

Mitchell's attorneys want the court to deny the amicus brief, citing a May 2023 Supreme Court order denying an emergency petition filed by the conservator to halt the trial court from filing a judgment of acquittal. In it, Justice Leslie King said the victim and conservator lack standing to contest the disposition of Mitchell's case, or any charge. 

Garvin said this challenge highlights a misunderstanding about what victims' rights are. Victims asking for their rights to be protected doesn't make them a party. 

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She said it is possible for someone to exercise another's rights on their behalf, such as what happens for parents acting on behalf of their or on behalf of someone who is mentally incapacitated, including someone under a conservatorship. 

If Mitchell's case is upheld, it would be a sign that Mississippi victims' rights aren't meaningful or are being adequately considered, Garvin said. 

“The statement to the victim would be you actually don't have rights, you are just a piece of evidence in a case against someone else,” she said.

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

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