House Concurrent Resolution 45

A CONCURRENT RESOLUTION PROPOSING TO CREATE NEW ARTICLE 16, SECTION 290 OF THE MISSISSIPPI CONSTITUTION OF 1890, OFFERED BY THE MISSISSIPPI LEGISLATURE AS AN ALTERNATIVE TO INITIATIVE MEASURE NO. 65, TO REQUIRE THE LEGISLATURE TO PROVIDE, BY GENERAL LAW, FOR THE ESTABLISHMENT OF A MEDICAL MARIJUANA PROGRAM FOR THE PURPOSE OF OFFERING TREATMENT FOR MISSISSIPPI PATIENTS SUFFERING CHRONIC, DEBILITATING MEDICAL CONDITIONS; AND FOR RELATED PURPOSES.

WHEREAS, under Section 273 of the Mississippi Constitution of 1890, the people have the power to propose and enact constitutional amendments by initiative, and the procedure for doing so is set forth in Chapter 17, Title 23, Mississippi Code of 1972.

WHEREAS, following those provisions, the people have proposed Initiative Measure No. 65, which has a subject matter stated to be "provision of a state medical marijuana program," and this initiative measure will be presented to the qualified electors at the November 2020 election.

WHEREAS, when an initiative measure is proposed under this procedure, the Legislature may submit an alternative measure for the original initiative measure, which must be presented to the qualified electors at the same election at which the original measure is proposed, and under Section 23-17-29, Mississippi Code of 1972, such a constitutional initiative may be adopted or amended by a majority vote of each house of the Legislature.

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state at the November 2020 election, as an alternative to the amendment proposed by Initiative Measure No. 65:

Article 16, Section 290, Mississippi Constitution of 1890, is created to read as follows:

Section 290. (1) This section shall be known and may be cited as the "Mississippi Medical Marijuana Amendment of 2020."

(2) The Legislature shall:

(a) Establish a medical marijuana program for the purpose of offering treatment for Mississippi residents suffering from chronic, debilitating medical conditions;

(b) Allow Mississippi patients with chronic, debilitating medical conditions to use and safely access marijuana for medical purposes if those patients are under the supervision of a licensed Mississippi physician; and

BE IT FURTHER RESOLVED, That the amendment proposed in this resolution as a legislative alternative to Initiative Measure No. 65 shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2020, in the manner prescribed by Section 273 of the Constitution and by Chapter 17, Title 23, Mississippi Code of 1972.

BE IT FURTHER RESOLVED, That the ballot title for this amendment is proposed to read as follows: "Shall Mississippi legalize medical marijuana for cancer patients and others suffering from chronic medical conditions who are under the supervision of a Mississippi licensed physician?"

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This constitutional amendment is proposed as a legislative alternative measure to Initiative Measure No. 65 and would require the Legislature to create, by general law, a state medical marijuana program for the alleviation of chronic medical suffering of patients who are under the supervision of a Mississippi licensed physician."