The “opium, morphine, or other like drug” ground for divorce entered the Mississippi Code in 1892. Deborah H. Bell, Mississippi Family Law § 4.02 (2005), Miss. Code Ann. § 1562 (1892). At that time, neither possession, distribution, nor use of opium and morphine was illegal in the State of Mississippi. Indeed, in perusing the 1892 code, only two crimes related to that drug can be found. It was a misdemeanor to sell morphine in a container without a scarlet label with white letters, and it was similarly a misdemeanor to sell morphine to any customer who did not have a physician’s certificate. Miss. Code Ann. §§ 1213, 1214 (1892).Hence the mere illegality of marijuana should not suffice to liken it unto opium or morphine. Justice King's op for the majority holds that marijuana had sufficiently bad effects on the smoking spouse that it was "like" an opiate.
If Carlson's research is correct, this is the first U.S. reported decision granting a divorce for marijuana use.