DeSoto County governments begin consideration of medical pot sales

By , Special to The Daily Memphian Published: April 20, 2022 1:38 PM CT

Southaven elected officials opted out of allowing medical marijuana sales in the city Tuesday night but only until they get proper zoning in place for dispensaries.

“I wanted to be one of the first cities to bring medical marijuana here,” Mayor Darren Musselwhite said. “But zoning is everything in a city. Zoning is crucial to a city, to its economic development.”

Like Southaven, the hot-button issue of medical marijuana sales is making its way through municipalities across DeSoto County. State law allows the individual governments to decide whether they want to allow the sales in their jurisdictions.


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The question also was addressed Tuesday by elected officials in Olive Branch and Hernando. Neither city opted out. Horn Lake officials chose earlier this month to pass on allowing the sales for now as they wait and see how the new state law plays out in other Mississippi cities.

DeSoto County supervisors will hold an 8 a.m. Monday meeting to hear from citizens and decide about the option. The opt-out deadline is May 2, and the first dispensaries can obtain state licenses starting July 1.

Medical marijuana, aka cannabis, is prescribed for certain debilitating conditions, including cancer, Parkinson’s and Alzheimer’s diseases and spinal cord injuries. The promise of alleviating pain is attractive to sufferers while the guarantee of tax revenue is a lure for city governments.

“There are days I can’t even put my shoes on,” said disabled military veteran Andrew Durham of Southaven.

Durham asked Southaven elected officials not to opt out. He told them he visited a city where medical marijuana was legal, tried it, and slept peacefully.

The mayor thanked Durham for his service and his testimony and acknowledged the strong feelings people have about the issue. He then meticulously explained why waiting was best.


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Musselwhite was the first to raise the caution flag several weeks ago about the law and suggested opting-out. He feared the state legislation seemed to strip zoning authority from local officials by requiring dispensaries be in commercial zones or in places that allow commercial operations. He lobbied for an amendment and then asked for a state attorney general’s opinion, which he received Friday.

It was a huge relief to him. According to a reading of the document, cities may further regulate dispensaries within a commercial zone.

As Southaven officials took steps to pass on medical marijuana in the short term, they also took measures to allow for sales eventually. The mayor proposed creation of two commercial medical zones, one of them near Baptist Memorial Hospital-DeSoto, to allow permitted dispensaries.

The Board of Aldermen voted for city staff to do all the required work to create the zones including property owner notifications and a public hearing.

“It will take 90 to 100 days to get everything in order,” said Nick Manley, Southaven city attorney.

The state law allows cities that opt out to opt in at any time.

While Southaven officials didn’t think they could undertake the necessary zoning measures to accommodate medical marijuana sooner, Hernando officials formed a committee to quickly evaluate their zoning and make minute changes, if necessary, Mayor Chip Johnson said.

“They’ve got a lot bigger city,” Johnson said, referencing Southaven, “and a lot more commercial zones than us.”

Topics

Darren Musselwhite Southaven medical marijuana Horn Lake Hernando Olive Branch North Mississippi
Toni Lepeska

Toni Lepeska

Toni Lepeska is a freelance reporter for The Daily Memphian. The 34-year veteran of newspaper journalism is an award-winning essayist and covers a diversity of topics, always seeking to reveal the human story behind the news. Toni, who grew up in Cayce, Mississippi, is a graduate of the University of Mississippi. To learn more, visit tonilepeska.com

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