The Hemp Cultivation Task Force held their second meeting this week as they heard from agriculture experts and law enforcement about potential ramifications of hemp legalization in Mississippi. 

Next year, the legislature will be able to act upon any recommendations or findings, or perhaps draw their own conclusions. But whatever they decide, we won’t be blazing any trails with hemp.

In fact, since the last task force meeting in July, the tiny number of states where hemp remains illegal became smaller. In July, Ohio Gov. Mike DeWine signed legislation legalizing the production of hemp in the Buckeye State. This follows the states of Georgia, Louisiana, and Texas legalizing industrial hemp earlier this year.

The states where hemp production remains illegal: Idaho, Mississippi, and South Dakota. And it remains illegal in South Dakota only because Gov. Kristi Noem vetoed a bill that would have made production legal. 

States where the cultivation of hemp is legal

We have seen a massive move toward hemp legalization at the state level after the 2018 Farm Bill expanded the cultivation of hemp. Previously, federal law did not differentiate hemp from other cannabis plants, even though you can’t get high from hemp. Because of this, it was essentially made illegal. But we did have pilot programs or limited purpose small-scale program for hemp, largely for research. 

Now, hemp cultivation is much broader, with the Farm Bill allowing the transfer of hemp across state lines, with no restrictions on the sale, transport, or possession of hemp-derived products. There are still limitations, but most states have taken the opportunity to find new markets for those who would like to cultivate hemp. Just not Mississippi. 

So as a task force brings in experts to debate the merits of hemp in Mississippi and listens to opponents in law enforcement make claims about how they would be unable to differentiate between hemp and marijuana, the rest of the state can look on as hemp is now legal for 99 percent of the country. And we can wonder why something so easy can be so difficult for Mississippi.

Mississippi lost 3,500 private sector jobs last month, while government added 1,100, reversing recent trends in both directions. 

According to the latest data from the Bureau of Labor Statistics, preliminary numbers show Mississippi’s nonfarm payrolls declined from 1,171,100 in July to 1,168,700 last month. That still represents an increase of 15,000 jobs over the previous 12 months.

But the most glaring numbers from the report were the gains and losses by industry sector. Government, which accounts for nearly 21 percent of all jobs in Mississippi, added 1,100 jobs in August. Total government employment in the state now sits at 242,800. It was 240,900 a year ago. 

Industry sector changes in Mississippi over past month, July to August 2019

Not everyone had a bad August. Each of our neighboring states added jobs last month. Alabama added 2,900 jobs, Arkansas added 2,300, Louisiana added 4,800, and Tennessee added 900. 

For Louisiana, August was a turnaround in the state. They had previously lost nearly 4,000 jobs over the past year. They are now slightly on the positive side in terms of jobs created. 

Payroll changes over the past 12 months among neighboring states

Mississippi’s numbers over the past year aren’t terrible, but they certainly need to be better for long-term economic growth. To do this, we can look at other states and what the path to sustained economic prosperity looks like.

Many will claim this will come from the government. But all government can do is redistribute wealth from one person to another as it chooses, whether that’s a social welfare program or a corporate welfare one. Government only moves money around. It doesn’t create new wealth or build a bigger pie. 

Only the private sector can do that. Individual initiative is the most powerful economic engine we have. Wealth is generated when individuals risk their own resources in hopes of meeting a need in the lives of other people or businesses, and do so in a manner that earns them a profit. That need might take the form of a new product, a more efficient service, or fresh, capital needed by a business to start or expand its operations.

It’s very easy, and very tempting, for any government official to give out tax dollars, get their picture taken, and talk about how much they are doing for you and me because of that new government initiative. 

You don’t get a shovel for reducing regulations, freeing up the healthcare industry, or reforming occupational licensing. But the most helpful thing an elected official can do is be serious about pursuing policies that will make it easier for free enterprise. We’ve seen the results of our elected officials trying to manipulate, organize, and orchestrate the economy.

At the end of the day, to generate sustainable, long-term growth, the only option is to grow the private sector through lower taxes and a lighter regulatory burden. It doesn’t make for a sexy campaign slogan and many people who work in government or depend on government for jobs and contracts won’t like to hear it.

What does that look like?

There are numerous policy ideas lawmakers can and should consider to positively change the economic trajectory of the state.

1. Reform scope-of-practice and certificate of need laws to provide more access and competition in healthcare.

2. Eliminate overburdensome occupational licensing regimes that often only serve to keep entrepreneurs out of a specific industry or field of work. 

3. Reduce our state’s regulatory burden that makes it more difficult and more expensive to operate a business in the state.

In this episode of Unlicensed, we talk with Dr. Robert Graboyes of the Mercatus Center at George Mason University about the future of healthcare in America. Graboyes is the author of Fortress and Frontier in American Healthcare, a paper that examines the needed mentality shift in healthcare.

This week, the Mississippi Charter School Authorizer Board approved the ninth charter school in the state.

The Board approved Leflore Legacy Academy in Greenwood which will serve grades 6 through 8 when it reaches capacity. This is the second charter school in the Delta. Clarksdale Collegiate Public Charter School opened last year.

For the 2019-2020 school year, six charters are open in Mississippi. Two others, in addition to Leflore Legacy, have been approved and are set to open in future years.

Last year, 14 charter operators began the application process. Four made to the final cut, with just the one receiving the state's blessing.

Voters will have the opportunity to approve medical marijuana next fall. If approved, what exactly would that look like?

Mississippi has 20 plus years of history and 33 other states to look back upon. Here is how the process would work, according to Medical Marijuana 2020, the organization leading the ballot initiative.

Step 1

A person must have a debilitating medical condition. The term “debilitating medical condition” is defined in the proposal as one of 22 named diseases, plus there is a special allowance for a physician to certify medical marijuana for a similar diagnosis.

Some of those conditions include:

• Cancer
• Epilepsy and other seizure-related ailments
• Huntington’s disease
• Multiple sclerosis
• Post-traumatic stress disorder
• HIV
• AIDS
• Chronic pain
• ALS
• Glaucoma
• Chrohn’s disease
• Sickle cell anemia
• Autism with aggressive or self-harming behavior
• Spinal cord injuries

Step 2

A person with a debilitating medical condition is examined in-person and in Mississippi by a physician. The term “physician” is defined in the proposal as a Mississippi-licensed M.D. or D.O.

If the physician concludes that a person suffers from a debilitating medical condition and that the use of medical marijuana may mitigate the symptoms or effects of the condition, the physician may certify the person to use medical marijuana by issuing a form as prescribed by the Mississippi Board of Health.

The issuance of this form is defined in the proposal as a “physician certification” and is valid for 12 months, unless the physician specifies a shorter period of time.

Step 3

A person with a debilitating medical condition who has been issued a physician certification becomes a qualified patient under the proposal.

Step 4

A qualified patient then presents the physician certification to the Mississippi Department of Health and is issued a medical marijuana identification card.

The ID card allows the patient to obtain medical marijuana from a licensed and regulated treatment center and protects the patient from civil and/or criminal sanctions in the event the patient is confronted by law enforcement officers.

“Shopping” among multiple treatment centers is prevented through the use of a real-time database and online access system maintained by the Mississippi Department of Health.

Medical Marijuana Treatment Centers will be registered with, licensed, and regulated by the Mississippi Department of Health. Each medical marijuana business will have to apply to and be approved by MDH. But there will not be a limit on the number of businesses, allowing for a free market based on demand.

Users would not be able to smoke medical marijuana in a public place and home grow would be prohibited, though it is legal is some other states.

If approved, the program will be up and running no later than August 15, 2021 according to the initiative's wording.

In 2018, voters in Missouri, Oklahoma, and Utah approved ballot initiatives to legalize medical marijuana. Two years prior, voters in Arkansas, Florida, and North Dakota did the same thing. 

The trend lines are obvious: What began as initiatives in largely blue states, or libertarian leaning western states, has now spread to traditionally Republican states. And we have even begun to see Republican legislatures in states like Louisiana, Ohio, Pennsylvania, and West Virginia approving medical marijuana. 

And next fall, Mississippi voters will have the opportunity to make the Magnolia State the 34th state to legalize medical marijuana. Medical Marijuana 2020, the team behind the ballot initiative, recently submitted over 100,000 certified signatures to the secretary of state. 

If history, and momentum, is any guide, the campaign has a good chance of success even as statewide officials and candidates struggle with the issue that is very popular according to internal polling.

A history of how medical marijuana became legal by state

During the 2019 session, the Georgia and Texas legislatures approved medical marijuana though the rollout has not been finalized. 

What would medical marijuana look like in Mississippi

If the ballot initiative is approved by voters in November, marijuana would be legal for those with a debilitating medical condition and would have to be authorized by a physician and receive it from a licensed treatment center.

Some of these conditions include:

• Cancer
• Epilepsy and other seizure-related ailments
• Huntington’s disease
• Multiple sclerosis
• Post-traumatic stress disorder
• HIV
• AIDS
• Chronic pain
• ALS
• Glaucoma
• Chrohn’s disease
• Sickle cell anemia
• Autism with aggressive or self-harming behavior
• Spinal cord injuries

If a physician concludes that a person suffers from a debilitating medical condition and that the use of medical marijuana may mitigate the symptoms or effects of the condition, the physician may certify the person to use medical marijuana by issuing a form as prescribed by the Mississippi Board of Health. The issuance of this form is defined in the proposal as a “physician certification” and is valid for 12 months, unless the physician specifies a shorter period of time.

That individual then becomes a qualified patient. After they do this, they present the physician certification to the Mississippi Department of Health and are issued a medical marijuana identification card. The ID card allows the patient to obtain medical marijuana from a licensed and regulated treatment center and protects the patient from civil and/or criminal sanctions in the event the patient is confronted by law enforcement officers. “Shopping” among multiple treatment centers is prevented through the use of a real-time database and online access system maintained by the Mississippi Department of Health.

The Mississippi Department of Health would regulate the cultivation of marijuana, processing, and being made available to patients. There would also be limits on how much marijuana a patient could obtain.

New regulations will allow vegan and vegetarian food companies to continue using meat or meat product terms on their labels. 

In July, the Institute for Justice and Mississippi Justice Institute partnered to bring a First Amendment lawsuit against the State of Mississippi concerning proposed regulations that would have banned plant-based foods from using meat product terms like “burger,” “bacon,” and “hot dog” on their packaging. The new regulations are the result of the lawsuit.

“These new proposed regulations are a victory for free speech in Mississippi,” said Aaron Rice, Director of the Mississippi Justice Institute. “It shouldn’t be a crime for plant-based food companies to describe their products in a way that everyone understands.  We are happy that our state officials listened to the concerns brought forward by our clients in this lawsuit, and took the right approach. Because of these changes in the regulations, our clients will be able to continue selling vegan and vegetarian products in Mississippi.”

Under the new regulations, plant-based foods will not be considered to be labeled as a “meat” or “meat food product” if the label also includes “meat-free,” “meatless,” “plant-based,” “vegetarian,” “vegan,” or similar terms. 

The proposal will be open for public comment for 25 days. 

The proposed regulations can be found here. 

The Mississippi Supreme Court upheld the constitutionality of public charter school funding, preserving the schools that have served as a lifeline to hundreds of Mississippi children in just a few short years. 

“This ruling is a major victory for parents who simply want what every parent wants: the ability to choose the best possible education for their children,” said Aaron Rice, Director of the Mississippi Justice Institute. “We are happy for our clients and for every parent and student in Mississippi who will continue to have increased educational choices because of this ruling.”

The Southern Poverty Law Center filed a lawsuit in 2016 which could have shut down charter schools. The Mississippi Justice Institute intervened and represented three parents whose children attend charter schools.

The Court ruled that Mississippi’s Charter School Act of 2013 is constitutional. The Southern Poverty Law Center had argued that part of the Act’s funding mechanism was unconstitutional. That provision requires public schools to share the tax revenues collected for education with charter schools in their district, based on the number of students who attend those charter schools. The Court held that this funding mechanism was constitutional, because charter schools are public schools and are associated with the school district in which they are located.  

“The parents are pleased that the Supreme Court has confirmed the authority of the legislature to provide different options to meet the educational needs of all Mississippi children,” said Mike Wallace, a Shareholder with Wise Carter who provided pro-bono counsel for charter school parents. “Mississippians should now continue to work with the legislature to develop new and creative programs so that parents can choose those that best serve their children.”

“I’m very excited about this decision,” Tiffany Minor, the mother of a student at Smilow Prep said.” It gives my daughter and other children the opportunity to choose what type of education they would like at what school they choose to go to. So I’m very excited. This was the best decision ever. I love it.”

In just a couple years, Tiffany has seen the change this new option provided for her daughter, Jalonda. 

“When my daughter did a test during her first year at Smilow Prep as she was entering fifth grade, she was on a third grade reading level,” Tiffany said. “By the time she ended that school year and was getting ready to go to sixth grade she was on the actual six grade reading level. So she transformed three reading levels in one year from Smilow Prep. It’s helping her and she’s having fun while she’s making honor roll so I love it. It’s amazing to me.”

“Smilow Prep has helped me a lot since I’ve been in it and it actually makes me a better learner,” Jalonda said. “They give me extra help when I need it.”

Charter schools are public schools that are given freedom from some of the regulations placed on traditional public schools. They currently operate in over 40 states and the District of Columbia. If the Southern Poverty Law Center’s suit was successful at the Mississippi Supreme Court, Mississippi would be one of a small handful of states to not offer these innovate schools for children.

Ella Mae James has two children at Reimagine Prep, Laporcha and Jonathon.

“My children have been attending Reimagine Prep from when the school first opened,” Ella said. “And they have grown so much in their reading and math levels. They did it with the tutoring and the extra help they receive. And we just appreciate having this opportunity to give them that choice.”

The full ruling can be found here.

The city of Jackson’s population has declined by some 40,000 residents over the past four decades. And one of the prime reasons is the district education in the capital city. School choice could change that.  

Routinely rated as poor or failing, most recently receiving an F-rating from the state, there are few options for a quality education from the Jackson Public School district.

JPS, which is losing students at a faster rate than the city, currently spends more than $11,000 per student, about $1,000 above the statewide average.

JPS has seen a decrease from 30,000 students in 2012 to under 24,000 last year, a drop of 20 percent. Yet the city’s population only dropped about 5 percent during that same time. That is partially because families now have free alternatives. 

In the past four years, a small charter market has emerged with about 1,500 students enrolled in charter schools in Jackson. Compared to the larger JPS system, the charter market is still tiny. There is not a high school and kindergarten and first grade have just recently become options. But in the grades that have had charters for a few years – mainly fifth and sixth grade – we see 15-20 percent of public school students migrating to charters. 

These are parents who never previously had an option now having an option. 

Jackson also has a large private school sector, with a number of high-quality schools competing for students from Jackson and the surrounding counties. But these schools price out many who would love the opportunity to attend. 

Along with a charter authorizing board that welcomes more schools to the city, allowing tax dollars to flow to parents for their child’s education would help eliminate one of the reasons families leave Jackson. That same family would no longer, in their mind, have to leave because of a failing school system. The “either-or” dilemma is no longer an issue.

A great example on how this could work is in Washington, D.C. By the late 1990s, the city’s population hit a 60-year low as families headed to Virginian and Maryland in large numbers. And new potential residents never considered the city. But over the past two decades, the city’s population has grown by more than 100,000.

Yes the city is now safer and more appealing, but today parents in D.C. have more options than ever, including a charter sector that serves over half of the city’s students, magnet schools, a federally funded voucher program, and districtwide open enrollment. Less than on-in-four students attend their assigned district school. 

The potential is there. Because even if you revitalize the city and make it a place where young professionals want to live, you’ll still see an exodus when their children turn five. 

This week, Mississippi Center for Public Policy will be looking into the underlying reasons as to why Jackson is struggling, exploring the legislative and regulatory climate which encourages migration and business stagnation both within our capital city, and across the state.