New Albany mayor vetoes aldermen's split vote to opt in to marijuana program
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Aug. 17—Mayor Tim Kent Thursday vetoed a split vote by aldermen Aug. 2 for the city to opt in to all aspects of the recent law allowing for production, testing, distribution and sale of medical marijuana.
The Aug. 2 vote came after a couple of months of discussion and a two-and-one-half hour public meeting that devolved from being civil to contentious.
At the end of the meeting, Ward Four Alderman Will Tucker moved to accept the city's new comprehensive plan, but leaving out all medical marijuana regulation. This was, by implication, a vote against the marijuana program. Ward Three Alderman Kevin Dale White seconded but the motion failed 3-2.
Later, after more discussion, Ward One Alderman Parks Smith moved to opt in to all aspects of the program. Ward Two Alderman Drew Horn seconded and the motion passed 3-2 with Alderman-at-Large Keith Conlee voting aye as well.
A few people at the meeting spoke about how medical marijuana has helped them or loved ones but the majority of the comments, often rowdy, were in opposition. Some of the opponents said they were not opposed to medical marijuana per se, but rather the way the law was written and the effect on the community.
At first, Mayor Kent had said he did not plan to veto the vote because it would go against the will of the majority of the board and of the public in general, based on the statewide vote.
He immediately began to be pressured by people to veto the vote, however, and spent the next several days meeting with people both for and against the program, as well as fielding phone calls and text messages. He made note of all the issues that were brought up and that some had been raised that nearly no one had thought about previously.
He also noted that while the state margin may have been greater, in Union County in the 2020 vote, residents here predominantly voted against the law, even though there was only a five-vote difference.
Here are some of the reasons he listed in his official veto:
"Since 2015 local law enforcement have encountered 46 cases of child endangerment (inside city limits) where cannabis was present in most of the homes. According to the current law, state health departments have the authority to shut down grow facilities and dispensers but the responsibility falls on local law enforcement to abate and secure the facility. This will leave The City of New Albany with what will result in heavy financial burdens.
"According to our local MASEP (Mississippi Alcohol Safety Education Program, required for offenders) instructor 80 percent of the current students are there on DUI cannabis charges. When voted on in Mississippi grow houses and dispensers were not mentioned on the ballot therefore creating more unanswered questions.
"While I understand and agree that medical marijuana is helpful to many, with so many unknowns I feel it would be in the best interest of the city to opt-out until these questions can be answered with certainty."
The veto means medical marijuana cannot be grown or dispensed in New Albany, but residents may legally obtain cards and purchase it in other locations and legally possess and use it here.
As of this past week, 10 dispensaries had been approved in Lee County, four in Lafaytte Count, one in Alcorn County and one in Prentiss County. The only cultivation facilities approved will be in Lauderdale, Hinds, Madison and Harrison counties.
The mayor's veto does not necessarily settle the matter.
The board of aldermen had three days to override the veto, although it would require a two-thirds majority of the board — unlikely with the 3-2 split since four votes would be needed.
Another option is that citizens could circulate a petition calling for the issue to be placed on a ballot for a yes or no vote. The petition would have to have either 1,500 signatures or signatures of 20 percent of the voters, whichever is the lesser number.
The election could be held any time but if it failed another could not be held for at least two years, much like the liquor elections.
And while the city can opt in at any time, the law does not allow a way for the city to opt out if problems arise, regardless of whether the opt in was by aldermen or a popular vote following a petition drive.
