Right to Try Medical Cannabis Act; create.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Yancey

HOUSE BILL NO. 1152
(As Sent to Governor)

AN ACT TO BE KNOWN AS THE RIGHT TO TRY MEDICAL CANNABIS ACT; 1
TO PROVIDE A PROCEDURE FOR PERSONS WHO DO NOT HAVE A QUALIFYING 2
DEBILITATING MEDICAL CONDITION UNDER THE MISSISSIPPI MEDICAL 3
CANNABIS ACT BUT HAVE AN ILLNESS THAT IS CHRONIC, PROGRESSIVE, 4
SEVERELY DISABLING OR TERMINAL IN NATURE, TO BE CONSIDERED FOR 5
INCLUSION IN THE MISSISSIPPI MEDICAL CANNABIS PROGRAM; TO PROVIDE 6
THAT THE PATIENT'S TREATING MEDICAL PROVIDER MAY SUBMIT A PETITION 7
TO THE STATE DEPARTMENT OF HEALTH REQUESTING AUTHORIZATION FOR THE 8
PATIENT TO ACCESS MEDICAL CANNABIS; TO SPECIFY THE INFORMATION 9
THAT MUST BE INCLUDED IN THE PETITION; TO PROVIDE THAT THE STATE 10
HEALTH OFFICER IS THE SOLE DECISION MAKING AUTHORITY ON ALL SUCH 11
PETITIONS SUBMITTED; TO PROVIDE THAT IF THE PETITION IS APPROVED, 12
THE PATIENT SHALL BECOME ELIGIBLE TO APPLY FOR A REGISTRY 13
IDENTIFICATION CARD UNDER THE MISSISSIPPI MEDICAL CANNABIS 14
PROGRAM, SUBJECT TO ALL APPLICABLE RULES, LIMITS AND REGULATIONS; 15
TO PROVIDE THAT THE DECISION OF THE STATE HEALTH OFFICER ON A 16
PETITION SHALL BE FINAL AND MAY NOT BE APPEALED; TO PROVIDE THAT 17
THE DEPARTMENT MAY LIMIT THE TYPE, FORM OR VOLUME OF CANNABIS 18
AUTHORIZED FOR PATIENTS APPROVED UNDER THIS ACT IN ACCORDANCE WITH 19
PUBLIC HEALTH AND SAFETY STANDARDS; TO PROVIDE THAT PATIENTS 20
APPROVED UNDER THIS ACT SHALL BE SUBJECT TO PERIODIC REEVALUATION 21
BY THE TREATING PROVIDER NO LESS THAN ONCE EVERY 12 MONTHS; TO 22
AMEND SECTION 41-137-3, MISSISSIPPI CODE OF 1972, TO REVISE THE 23
DEFINITION OF "QUALIFYING PATIENT"; TO AMEND SECTION 41-137-5, 24
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS 25
ACT; AND FOR RELATED PURPOSES. 26
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 27
SECTION 1. Short title. This act shall be known and may be 28
cited as the "Right to Try Medical Cannabis Act." 29
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SECTION 2. Definitions. For the purposes of this act, the 30
following terms shall be defined as provided in this section: 31
(a) "Medical Cannabis Act" means the Mississippi 32
Medical Cannabis Act, Section 41-137-1 et seq. 33
(b) "Treating medical provider" means a physician, 34
nurse practitioner or physician assistant licensed to practice in 35
Mississippi who: 36
(i) Maintains a bona fide provider–patient 37
relationship with the individual, defined as an ongoing, 38
documented clinical relationship involving diagnosis, treatment or 39
management of the patient's condition for at least thirty (30) 40
days; and 41
(ii) Has primary responsibility for managing the 42
patient's debilitating or terminal illness. 43
(c) "Nonqualifying debilitating or terminal illness" 44
means any illness that: 45
(i) Is chronic, progressive, severely disabling or 46
terminal in nature; and 47
(ii) Is not specifically listed among the 48
qualifying debilitating medical conditions under Section 49
41-137-3(r). 50
(d) "Department" means the State Department of Health. 51
(e) "State Health Officer" means the State Health 52
Officer of the State Department of Health. 53
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SECTION 3. Eligibility and petition process. (1) A patient 54
with a nonqualifying debilitating or terminal illness may be 55
considered for inclusion in the Mississippi Medical Cannabis 56
Program pursuant to this section. 57
(2) The patient's treating medical provider may submit a 58
petition to the department requesting authorization for the 59
patient to access medical cannabis. 60
(3) The petition shall include: 61
(a) A statement of the patient's diagnosis, 62
prognosis, and medical history; 63
(b) A narrative explanation of how medical 64
cannabis may benefit the patient, including past treatment 65
outcomes and contraindications; 66
(c) An attestation that conventional therapies 67
have been attempted, are unavailable, or are contraindicated; 68
(d) A recommendation that the patient be permitted 69
to access medical cannabis; 70
(e) An outline of the proposed cannabis use 71
regimen, if known, including route of administration and expected 72
duration; and 73
(f) Consent by the patient or legal guardian 74
authorizing the department to review medical records relevant to 75
the petition. 76
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SECTION 4. Review and determination. (1) The State Health 77
Officer shall serve as the sole decision-making authority on all 78
petitions submitted under this act. 79
(2) The State Health Officer shall issue a written 80
determination approving or denying the petition within forty-five 81
(45) calendar days of receipt. 82
(3) If the petition is denied, the decision shall include 83
written findings explaining the basis for denial, which shall be 84
limited to: 85
(a) Insufficient medical justification or 86
documentation; 87
(b) Risks to public health or patient safety; or 88
(c) Lack of provider qualification or incomplete 89
submission. 90
(4) If the petition is approved, the patient shall become 91
eligible to apply for a registry identification card under the 92
Mississippi Medical Cannabis Program, subject to all applicable 93
rules, limits and regulations. 94
(5) The decision of the State Health Officer on a petition 95
filed under this act shall be final and may not be appealed to any 96
court. 97
SECTION 5. Provider standards and liability. (1) Treating 98
medical providers submitting petitions under this act: 99
(a) Must be in good standing with their licensing 100
board; and 101
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(b) Must certify that the petition is submitted in good 102
faith and consistent with generally accepted medical standards. 103
(2) A provider acting in good faith and in accordance with 104
this act shall not be subject to civil, criminal or administrative 105
liability solely for recommending medical cannabis. 106
(3) This act does not authorize providers to engage in 107
dispensing, selling or possessing cannabis except as permitted 108
under Mississippi law. 109
SECTION 6. Patient use conditions and monitoring. (1) The 110
department may limit the type, form or volume of cannabis 111
authorized for patients approved under this act in accordance with 112
public health and safety standards. 113
(2) Patients approved under this act shall be subject to: 114
(a) Periodic reevaluation by the treating provider no 115
less than once every twelve (12) months; 116
(b) Revocation of eligibility upon loss of bona fide 117
provider–patient relationship or upon clinical deterioration 118
inconsistent with safe cannabis use. 119
SECTION 7. Oversight and reporting. (1) The department 120
shall submit an annual report to the Chair of the Senate Public 121
Health and Welfare Committee and the Chair of the House Drug 122
Policy Committee, which shall include: 123
(a) The number of petitions received, granted and 124
denied; 125
(b) General categories of illnesses approved; 126
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(c) Trends or safety concerns identified; 127
(d) Recommendations for legislative or regulatory 128
updates. 129
(2) All data reported under this section shall be 130
de-identified and comply with the Health Insurance Portability and 131
Accountability Act (HIPAA) and other applicable privacy laws. 132
SECTION 8. Federal law disclaimer. Nothing in this act 133
shall be construed to: 134
(a) Require the violation of federal law; 135
(b) Authorize interstate transport or distribution of 136
cannabis; or 137
(c) Interfere with employment drug policies or school 138
regulations. 139
SECTION 9. Rulemaking authority. The department may 140
promulgate rules and adopt procedures as necessary to implement 141
the provisions of this act, including forms, standards and renewal 142
procedures. 143
SECTION 10. Section 41-137-3, Mississippi Code of 1972, is 144
amended as follows: 145
41-137-3. For purposes of this chapter, unless the context 146
requires otherwise, the following terms shall have the meanings 147
ascribed herein: 148
(a) "Artificially derived cannabinoid" means a chemical 149
substance that is created by a chemical reaction that changes the 150
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molecular structure of any chemical substance derived from the 151
plant Cannabis family Cannabaceae. Such term shall not include: 152
(i) A naturally occurring chemical substance that 153
is separated from the plant Cannabis family Cannabaceae by a 154
chemical or mechanical extraction process; 155
(ii) Cannabinoids that are produced by 156
decarboxylation from a naturally occurring cannabinoid acid 157
without the use of a chemical catalyst; or 158
(iii) Any other chemical substance identified by 159
MDOH. 160
(b) "Allowable amount of medical cannabis" means an 161
amount not to exceed the maximum amount of Mississippi Medical 162
Cannabis Equivalency Units ("MMCEU"). 163
(c) "Bona fide practitioner-patient relationship" 164
means: 165
(i) A practitioner and patient have a treatment or 166
consulting relationship, during the course of which the 167
practitioner, within his or her scope of practice, has completed 168
an in-person assessment of the patient's medical history and 169
current mental health and medical condition and has documented 170
their certification in the patient's medical file; 171
(ii) The practitioner has consulted in person with 172
the patient with respect to the patient's debilitating medical 173
condition; and 174
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(iii) The practitioner is available to or offers 175
to provide follow-up care and treatment to the patient. 176
(d) "Cannabis" means all parts of the plant of the 177
genus cannabis, the flower, the seeds thereof, the resin extracted 178
from any part of the plant and every compound, manufacture, salt, 179
derivative, mixture or preparation of the plant, its seeds or its 180
resin, including whole plant extracts. Such term shall not mean 181
cannabis-derived drug products approved by the federal Food and 182
Drug Administration under Section 505 of the Federal Food, Drug, 183
and Cosmetic Act. 184
(e) "Cannabis cultivation facility" means a business 185
entity licensed and registered by the Mississippi Department of 186
Health that acquires, grows, cultivates and harvests medical 187
cannabis in an indoor, enclosed, locked and secure area. 188
(f) "Cannabis disposal entity" means a business 189
licensed and registered by the Mississippi Department of Health 190
that is involved in the commercial disposal or destruction of 191
medical cannabis. 192
(g) "Cannabis processing facility" means a business 193
entity that is licensed and registered by the Mississippi 194
Department of Health that: 195
(i) Acquires or intends to acquire cannabis from a 196
cannabis cultivation facility; 197
(ii) Possesses cannabis with the intent to 198
manufacture a cannabis product; 199
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(iii) Manufactures or intends to manufacture a 200
cannabis product from unprocessed cannabis or a cannabis extract; 201
and 202
(iv) Sells or intends to sell a cannabis product 203
to a medical cannabis dispensary, cannabis testing facility or 204
cannabis research facility. 205
(h) "Cannabis products" means cannabis flower, 206
concentrated cannabis, cannabis extracts and products that are 207
infused with cannabis or an extract thereof and are intended for 208
use or consumption by humans. The term includes, without 209
limitation, edible cannabis products, beverages, topical products, 210
ointments, oils, tinctures and suppositories that contain 211
tetrahydrocannabinol (THC) and/or cannabidiol (CBD) except those 212
products excluded from control under Sections 41-29-113 and 213
41-29-136. 214
(i) "Cannabis research facility" or "research facility" 215
means a research facility at any university or college in this 216
state or an independent entity licensed and registered by the 217
Mississippi Department of Health pursuant to this chapter that 218
acquires cannabis from cannabis cultivation facilities and 219
cannabis processing facilities in order to research cannabis, 220
develop best practices for specific medical conditions, develop 221
medicines and provide commercial access for medical use. 222
(j) "Cannabis testing facility" or "testing facility" 223
means an independent entity licensed and registered by the 224
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Mississippi Department of Health that analyzes the safety and 225
potency of cannabis. 226
(k) "Cannabis transportation entity" means an 227
independent entity licensed and registered by the Mississippi 228
Department of Health that is involved in the commercial 229
transportation of medical cannabis. 230
(l) "Cannabis waste" means plant debris of the plant of 231
the genus cannabis, including dead plants and all unused plant 232
parts. This term shall not include seeds, roots, stems and 233
stalks. 234
(m) "Cannabinoid" means any of the chemical compounds 235
that are the active constituents derived from THC. 236
(n) "Canopy" means the total surface area within a 237
cultivation area that is dedicated to the cultivation of flowering 238
cannabis plants. The surface area of the plant canopy must be 239
calculated in square feet and measured and must include all of the 240
area within the boundaries where the cultivation of the flowering 241
cannabis plants occurs. If the surface area of the plant canopy 242
consists of noncontiguous areas, each component area must be 243
separated by identifiable boundaries. If a tiered or shelving 244
system is used in the cultivation area the surface area of each 245
tier or shelf must be included in calculating the area of the 246
plant canopy. Calculation of the area of the plant canopy may not 247
include the areas within the cultivation area that are used to 248
cultivate immature cannabis plants and seedlings, prior to 249
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flowering, and that are not used at any time to cultivate mature 250
cannabis plants. 251
(o) "Cardholder" means a registered qualifying patient 252
or a registered designated caregiver who has been issued and 253
possesses a valid registry identification card. 254
(p) "Chronic pain" means a pain state in which the 255
cause of the pain cannot be removed or otherwise treated, and 256
which in the generally accepted course of medical practice, no 257
relief or cure of the cause of the pain is possible, or none has 258
been found after reasonable efforts by a practitioner. 259
(q) "Concentrate" means a substance obtained by 260
separating cannabinoids from cannabis by: 261
(i) A mechanical extraction process; 262
(ii) A chemical extraction process using a 263
nonhydrocarbon-based or other solvent, such as water, vegetable 264
glycerin, vegetable oils, animal fats, food-grade ethanol or steam 265
distillation; or 266
(iii) A chemical extraction process using the 267
hydrocarbon-based solvent carbon dioxide, provided that the 268
process does not involve the use of high heat or pressure. 269
(r) "Debilitating medical condition" means: 270
(i) Cancer, Parkinson's disease, Huntington's 271
disease, muscular dystrophy, glaucoma, spastic quadriplegia, 272
positive status for human immunodeficiency virus (HIV), acquired 273
immune deficiency syndrome (AIDS), hepatitis, amyotrophic lateral 274
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sclerosis (ALS), Crohn's disease, ulcerative colitis, sickle-cell 275
anemia, Alzheimer's disease, agitation of dementia, post-traumatic 276
stress disorder (PTSD), autism, pain refractory to appropriate 277
opioid management, diabetic/peripheral neuropathy, spinal cord 278
disease or severe injury, or the treatment of these conditions; 279
(ii) A chronic, terminal or debilitating disease 280
or medical condition, or its treatment, that produces one or more 281
of the following: cachexia or wasting syndrome, chronic pain, 282
severe or intractable nausea, seizures, or severe and persistent 283
muscle spasms, including, but not limited to, those characteristic 284
of multiple sclerosis; or 285
(iii) Any other serious medical condition or its 286
treatment added by the Mississippi Department of Health, as 287
provided for in Section 41-137-17. 288
(s) "Designated caregiver" means a person who: 289
(i) Has agreed to assist with a registered 290
qualifying patient's medical use of medical cannabis; 291
(ii) Assists no more than five (5) registered 292
qualifying patients with their medical use of medical cannabis, 293
unless the designated caregiver's registered qualifying patients 294
each reside in or are admitted to a health care facility or 295
facility providing residential care services or day care services 296
where the designated caregiver is employed; 297
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(iii) Is at least twenty-one (21) years of age 298
unless the person is the parent or legal guardian of each 299
qualifying patient the person assists; and 300
(iv) Has not been convicted of a disqualifying 301
felony offense. 302
(t) "Disqualifying felony offense" means: 303
(i) A conviction for a crime of violence, as 304
defined in Section 97-3-2; 305
(ii) A conviction for a crime that was defined as 306
a violent crime in the law of the jurisdiction in which the 307
offense was committed, and that was classified as a felony in the 308
jurisdiction where the person was convicted; or 309
(iii) A conviction for a violation of a state or 310
federal controlled substances law that was classified as a felony 311
in the jurisdiction where the person was convicted, including the 312
service of any term of probation, incarceration or supervised 313
release within the previous five (5) years and the offender has 314
not committed another similar offense since the conviction. Under 315
this subparagraph (iii), a disqualifying felony offense shall not 316
include a conviction that consisted of conduct for which this 317
chapter would likely have prevented the conviction but for the 318
fact that the conduct occurred before February 2, 2022. 319
(u) "Edible cannabis products" means products that: 320
(i) Contain or are infused with cannabis or an 321
extract thereof; 322
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(ii) Are intended for human consumption by oral 323
ingestion; and 324
(iii) Are presented in the form of foodstuffs, 325
beverages, extracts, oils, tinctures, lozenges and other similar 326
products. 327
(v) "Entity" means a corporation, general partnership, 328
limited partnership or limited liability company that has been 329
registered with the Secretary of State as applicable. 330
(w) "MMCEU" means Mississippi Medical Cannabis 331
Equivalency Unit. One unit of MMCEU shall be considered equal to: 332
(i) Three and one-half (3.5) grams of medical 333
cannabis flower; 334
(ii) One (1) gram of total THC in a medical 335
cannabis concentrate; or 336
(iii) One (1) gram of total THC in an infused 337
product. 338
(x) "MDOH" means the Mississippi Department of Health. 339
(y) "MDOR" means the Mississippi Department of Revenue. 340
(z) "Medical cannabis" means cannabis, cannabis 341
products and edible cannabis that are intended to be used by 342
registered qualifying patients as provided in this chapter. 343
(aa) "Medical cannabis dispensary" or "dispensary" 344
means an entity licensed and registered with the MDOR that 345
acquires, possesses, stores, transfers, sells, supplies or 346
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dispenses medical cannabis, equipment used for medical cannabis, 347
or related supplies and educational materials to cardholders. 348
(bb) "Medical cannabis establishment" means a cannabis 349
cultivation facility, cannabis processing facility, cannabis 350
testing facility, cannabis dispensary, cannabis transportation 351
entity, cannabis disposal entity or cannabis research facility 352
licensed and registered by the appropriate agency. 353
(cc) "Medical cannabis establishment agent" means an 354
owner, officer, board member, employee, volunteer or agent of a 355
medical cannabis establishment. 356
(dd) "Medical use" includes the acquisition, 357
administration, cultivation, processing, delivery, harvest, 358
possession, preparation, transfer, transportation, or use of 359
medical cannabis or equipment relating to the administration of 360
medical cannabis to treat or alleviate a registered qualifying 361
patient's debilitating medical condition or symptoms associated 362
with the patient's debilitating medical condition. The term 363
"medical use" does not include: 364
(i) The cultivation of cannabis unless the 365
cultivation is done by a cannabis cultivation facility; or 366
(ii) The extraction of resin from cannabis by 367
mechanical or chemical extraction unless the extraction is done by 368
a cannabis processing facility. 369
(ee) "Nonresident cardholder" means a person who: 370
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(i) Has been diagnosed with a debilitating medical 371
condition by a practitioner in his or her respective state or 372
territory, or is the parent, guardian, conservator or other person 373
with authority to consent to the medical use of medical cannabis 374
by a person who has been diagnosed with a debilitating medical 375
condition; 376
(ii) Is not a resident of Mississippi or who has 377
been a resident of Mississippi for less than forty-five (45) days; 378
and 379
(iii) Has submitted any documentation required by 380
MDOH rules and regulations and has received confirmation of 381
registration. 382
(ff) "Practitioner" means a physician, certified nurse 383
practitioner, physician assistant or optometrist who is licensed 384
to prescribe medicine under the licensing requirements of their 385
respective occupational boards and the laws of this state. In 386
relation to a nonresident cardholder, the term means a physician, 387
certified nurse practitioner, physician assistant or optometrist 388
who is licensed to prescribe medicine under the licensing 389
requirements of their respective occupational boards and under the 390
laws of the state or territory in which the nonresident patient 391
resides. For registered qualifying patients who are minors, 392
"practitioner" shall mean a physician or doctor of osteopathic 393
medicine who is licensed to prescribe medicine under the licensing 394
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requirements of their respective occupational boards and the laws 395
of this state. 396
(gg) "Public place" means a church or any area to which 397
the general public is invited or in which the general public is 398
permitted, regardless of the ownership of the area, and any area 399
owned or controlled by a municipality, county, state or federal 400
government, including, but not limited to, streets, sidewalks or 401
other forms of public transportation. Such term shall not mean a 402
private residential dwelling. 403
(hh) "Qualifying patient" means a person who (i) has 404
been diagnosed by a practitioner as having a debilitating medical 405
condition and has been issued a written certification; or (ii) is 406
not a resident of Mississippi or who has been a resident of 407
Mississippi for less than forty-five (45) days and has been 408
diagnosed by a practitioner as having a debilitating medical 409
condition and has been issued a written certification. This term 410
includes a person with a nonqualifying debilitating or terminal 411
illness who is authorized under Section 4 of this act to receive a 412
registry identification card under this chapter. 413
(ii) "Registry identification card" means a document 414
issued by the MDOH that identifies a person as a registered 415
qualifying patient, nonresident registered qualifying patient or 416
registered designated caregiver. 417
(jj) "School" means an institution for the teaching of 418
children, consisting of a physical location, whether owned or 419
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leased, including instructional staff members and students, and 420
which is in session each school year. This definition shall 421
include, but not be limited to, public, private, church and 422
parochial programs for kindergarten, elementary, junior high and 423
high schools. Such term shall not mean a home instruction 424
program. 425
(kk) "Scope of practice" means the defined parameters 426
of various duties, services or activities that may be provided or 427
performed by a certified nurse practitioner as authorized under 428
Sections 73-15-5 and 73-15-20, by an optometrist as authorized 429
under Section 73-19-1, by a physician as authorized under Section 430
73-25-33, or by a physician assistant under Section 73-26-5, and 431
rules and regulations adopted by the respective licensing boards 432
for those practitioners. 433
(ll) "THC" or "Tetrahydrocannabinol" means any and all 434
forms of tetrahydrocannabinol that are contained naturally in the 435
cannabis plant, as well as synthesized forms of THC and derived 436
variations, derivatives, isomers and allotropes that have similar 437
molecular and physiological characteristics of 438
tetrahydrocannabinol, including, but not limited to, THCA, THC 439
Delta 9, THC Delta 8, THC Delta 10 and THC Delta 6. 440
(mm) "Written certification" means a form approved by 441
the MDOH, signed and dated by a practitioner, certifying that a 442
person has a debilitating medical condition. A written 443
certification shall include the following: 444
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(i) The date of issue and the effective date 445
of the recommendation; 446
(ii) The patient's name, date of birth and 447
address; 448
(iii) The practitioner's name, address, and 449
federal Drug Enforcement Agency number; and 450
(iv) The practitioner's signature. 451
(nn) "Nonqualifying debilitating or terminal illness" 452
has the meaning as defined in Section 2 of this act. 453
SECTION 11. Section 41-137-5, Mississippi Code of 1972, is 454
amended as follows: 455
41-137-5. (1) Except as otherwise provided in Sections 1 456
through 10 of this act, no person shall be authorized to use 457
medical cannabis in this state unless the person (a) has been 458
diagnosed by a practitioner, with whom the person has a bona fide 459
practitioner-patient relationship within his or her scope of 460
practice, as having a debilitating medical condition for which the 461
practitioner believes, in his or her professional opinion, that 462
the person would likely receive medical or palliative benefit from 463
the medical use of medical cannabis to treat or alleviate the 464
person's debilitating medical condition or symptoms associated 465
with the person's debilitating medical condition, (b) has received 466
a written certification of that diagnosis from the practitioner, 467
and (c) has been issued a registry identification card from the 468
MDOH under Section 41-137-23. A person who has been diagnosed by 469
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a practitioner as specified in paragraph (a) of this subsection 470
shall be a qualifying patient, and the practitioner who has 471
diagnosed the patient shall document that diagnosis with a written 472
certification. However, nothing herein shall require a 473
practitioner to issue a written certification. 474
(2) A written certification shall: 475
(a) Affirm that it is made in the course of a bona fide 476
practitioner-patient relationship; 477
(b) Remain current for twelve (12) months, unless the 478
practitioner specifies a shorter period of time; 479
(c) Be issued after an in-person assessment of the 480
patient by a practitioner, or after a telemedicine evaluation for 481
patients who are homebound or bedbound as certified by a 482
practitioner with whom the patient has a bona fide 483
practitioner-patient relationship within his or her scope of 484
practice other than the practitioner making the written 485
certification. For purposes of this paragraph (c), an individual 486
is homebound or bedbound if such individual is physically unable 487
to leave his or her residence without another person's aid because 488
the individual has lost the capacity of independent transportation 489
due to a medical, physical, or mental health condition or 490
infirmity as documented in writing by a practitioner who has a 491
bona fide practitioner-patient relationship with the patient; 492
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(d) Only be issued on behalf of a minor when the 493
minor's parent or guardian is present and provides signed consent; 494
and 495
(e) Be limited to the allowable amount of cannabis in a 496
thirty-day period.. 497
(3) No state agency, department, political subdivision or 498
board shall require a practitioner to require a patient to submit 499
to a drug test as a condition to receiving a certification for a 500
registry identification card. However, a practitioner may require 501
a drug test from a patient that is within his or her scope of 502
practice. 503
(4) After a practitioner has issued a written certification 504
to a qualifying patient, a practitioner may assist the patient in 505
registering for a registry identification card with the Department 506
of Health, in a manner provided by regulations of the Department 507
of Health. 508
(5) After a qualifying patient receives a written 509
certification from a practitioner, the patient shall be required 510
to make a follow-up visit with the practitioner not less than six 511
(6) months after the date of issuance of the certification for the 512
practitioner to evaluate and determine the effectiveness of the 513
patient's medical use of medical cannabis to treat or alleviate 514
the patient's debilitating medical condition or symptoms 515
associated with the patient's debilitating medical condition. 516
Qualifying patients may make a follow-up visit with a different 517
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practitioner than the practitioner who originally issued their 518
written certification, provided that such practitioner is 519
otherwise registered and acting within their scope of practice and 520
the provisions of this chapter. 521
(6) Before dispensing medical cannabis to a cardholder, the 522
dispensary from which the cardholder is obtaining medical cannabis 523
shall verify the identity of the cardholder and the authority of 524
the cardholder to use medical cannabis as provided in Section 525
41-137-39 and shall determine the maximum amount of medical 526
cannabis that a cardholder is eligible to receive and the amount 527
of medical cannabis that the cardholder has received from all 528
dispensaries during a specified period of time using the statewide 529
seed-to-sale tracking system under Section 41-137-11. 530
(7) (a) A practitioner shall be registered to issue written 531
certifications to qualifying patients by completing the required 532
application process as set forth by the MDOH. The MDOH shall 533
require a practitioner to complete a minimum of eight (8) hours of 534
continuing education in medical cannabis in order to issue written 535
certifications. After the first year of registration, these 536
practitioners shall complete five (5) hours of continuing 537
education in medical cannabis annually to maintain this 538
registration. 539
(b) A practitioner shall not be required to have any 540
additional qualifications to be authorized to certify a qualifying 541
patient for a registry identification card, other than such 542
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ST: Right to Try Medical Cannabis Act; create.
requirements for practitioners as provided under the Mississippi 543
Medical Cannabis Act. 544
(c) A practitioner shall not be required to be 545
registered to certify patients with any state agency or board 546
other than the MDOH. 547
(8) Only physicians and doctors of osteopathic medicine may 548
issue written certifications to registered qualifying patients who 549
are minors. 550
(9) The requirements of this section shall not apply to a 551
person who is authorized to purchase topical cannabis provided 552
under Section 41-137-39( * * *21), and such persons may possess 553
and use such products without being in violation of this chapter. 554
(10) The provisions of this chapter shall apply to persons 555
with a nonqualifying debilitating or terminal illness who is 556
authorized under Section 4 of this act to receive a registry 557
identification card under this chapter; however, for such persons, 558
the provisions of Sections 1 through 10 of this act shall control 559
over any provision of this chapter that conflicts with any 560
provision of Sections 1 through 10 of this act. 561
SECTION 12. This act shall take effect and be in force from 562
and after July 1, 2026. 563