Mississippi Retail Marijuana Act; create to authorize and regulate the personal use of marijuana.

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

By: Representative Harness

HOUSE BILL NO. 1267

AN ACT TO BE KNOWN AS THE MISSISSIPPI RETAIL MARIJUANA ACT; 1
TO AUTHORIZE THE PERSONAL USE OF MARIJUANA BY PERSONS 21 YEARS OF 2
AGE AND OLDER AND PROVIDE FOR THE REGULATION OF THE PERSONAL USE 3
OF MARIJUANA BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE FOR THE 4
LAWFUL OPERATION OF RETAIL MARIJUANA-RELATED FACILITIES; TO DIRECT 5
THE DEPARTMENT TO ADOPT REGULATIONS NECESSARY FOR THE 6
IMPLEMENTATION OF THIS ACT; TO PROVIDE FOR THE MISSISSIPPI 7
MARIJUANA CODE, WHICH PROVIDES FOR THE STATUTORY REGULATION OF THE 8
PERSONAL USE OF MARIJUANA; TO PROVIDE DEFINITIONS FOR THE CODE; TO 9
PROVIDE FOR THE APPLICABILITY OF THE CODE TO RETAIL MARIJUANA; TO 10
PROVIDE THAT THE STATE DEPARTMENT OF HEALTH IS THE STATE LICENSING 11
AUTHORITY FOR THE CODE; TO PROVIDE FOR A SEED-TO-SALE TRACKING 12
SYSTEM THAT TRACKS RETAIL MARIJUANA FROM EITHER THE SEED OR 13
IMMATURE PLANT STAGE UNTIL THE RETAIL MARIJUANA PRODUCT IS SOLD TO 14
A CUSTOMER AT A RETAIL MARIJUANA STORE; TO PROVIDE FOR LICENSING 15
PROCEDURES BY THE STATE LICENSING AUTHORITY AND BY LOCAL LICENSING 16
AUTHORITIES; TO PROVIDE WHICH PERSONS ARE PROHIBITED TO BE 17
LICENSEES; TO PRESCRIBE REQUIREMENTS FOR RETAIL MARIJUANA 18
BUSINESSES AND OWNERS; TO PROVIDE FOR DISCLOSURE OF FINANCIAL 19
INTERESTS BY RETAIL MARIJUANA BUSINESS OWNERS; TO PROVIDE THE 20
PROCEDURE FOR THE TRANSFER OF LICENSES; TO PROVIDE THE PROCEDURES 21
FOR LICENSING AND LICENSE RENEWALS; TO PROVIDE THE DIFFERENT 22
CLASSES OF RETAIL MARIJUANA BUSINESS LICENSES; TO PROVIDE FOR 23
RETAIL MARIJUANA STORE LICENSES; TO PROVIDE FOR RETAIL MARIJUANA 24
CULTIVATION FACILITY LICENSES; TO PROVIDE FOR RETAIL MARIJUANA 25
PRODUCTS MANUFACTURER LICENSES; TO PROVIDE FOR RETAIL MARIJUANA 26
TESTING FACILITY LICENSES; TO PROVIDE FOR RETAIL MARIJUANA 27
TRANSPORTER LICENSES; TO PROVIDE FOR RETAIL MARIJUANA BUSINESS 28
OPERATOR LICENSES; TO PROVIDE FOR RETAIL MARIJUANA ACCELERATOR 29
CULTIVATOR LICENSES; TO PROVIDE FOR RETAIL MARIJUANA ACCELERATOR 30
MANUFACTURER LICENSES; TO PROVIDE FOR MARIJUANA HOSPITALITY 31
BUSINESS LICENSES; TO PROVIDE FOR RETAIL MARIJUANA ACCELERATOR 32
STORE LICENSES; TO PRESCRIBE UNLAWFUL ACTS UNDER THE CODE; TO 33
PROHIBIT THE OPEN AND PUBLIC CONSUMPTION OF MARIJUANA; TO CREATE 34
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THE MARIJUANA CASH FUND AS A SPECIAL FUND IN THE STATE TREASURY 35
AND REQUIRE THE STATE LICENSING AUTHORITY TO DEPOSIT ALL MONEY 36
COLLECTED UNDER THIS ACT INTO THE FUND; TO PROVIDE THAT THE STATE 37
LICENSING AUTHORITY SHALL ESTABLISH FEES FOR PROCESSING THE 38
APPLICATIONS, LICENSES, NOTICES OR REPORTS REQUIRED TO BE 39
SUBMITTED TO THE STATE LICENSING AUTHORITY; TO PROVIDE THAT THE 40
STATE LICENSING AUTHORITY MAY FINE A LICENSEE OR SUSPEND OR REVOKE 41
A LICENSE FOR VIOLATIONS OF THIS ACT; TO PROVIDE FOR THE 42
DISPOSITION OF UNAUTHORIZED MARIJUANA OR MARIJUANA PRODUCTS AND 43
RELATED MATERIALS; TO PROVIDE FOR THE INSPECTION OF BOOKS AND 44
RECORDS OF LICENSEES; TO PROVIDE FOR A RESPONSIBLE RETAIL 45
MARIJUANA VENDOR SERVER AND SELLER TRAINING PROGRAM; TO AMEND 46
SECTIONS 27-104-203, 33-13-520, 37-11-29, 41-29-125, 41-29-127, 47
41-29-136, 41-29-137, 41-29-139, 41-29-141, 41-29-143, 59-23-7 AND 48
63-11-30, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS 49
OF THIS ACT; AND FOR RELATED PURPOSES. 50
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 51
SECTION 1. Title - Personal use and regulation of marijuana. 52
(1) Title. This act shall be known and may be cited as the 53
Mississippi Retail Marijuana Act. 54
(2) Purpose and findings. (a) In the interest of the 55
efficient use of law enforcement resources, enhancing revenue for 56
public purposes, and individual freedom, the people of the State 57
of Mississippi find and declare that the use of marijuana should 58
be legal for persons twenty-one (21) years of age or older and 59
taxed in a manner similar to alcohol. 60
(b) In the interest of the health and public safety of 61
our citizenry, the people of the State of Mississippi further find 62
and declare that marijuana should be regulated in a manner similar 63
to alcohol so that: 64
(i) Individuals will have to show proof of age 65
before purchasing marijuana; 66
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(ii) Selling, distributing, or transferring 67
marijuana to minors and other individuals under the age of 68
twenty-one (21) shall remain illegal; 69
(iii) Driving under the influence of marijuana 70
shall remain illegal; 71
(iv) Legitimate, taxpaying business people, and 72
not criminal actors, will conduct sales of marijuana; and 73
(v) Marijuana sold in this state will be labeled 74
and subject to additional regulations to ensure that consumers are 75
informed and protected. 76
(c) In the interest of enacting rational policies for 77
the treatment of all variations of the cannabis plant, the people 78
of Mississippi further find and declare that industrial hemp 79
should be regulated separately from strains of cannabis with 80
higher delta-9 tetrahydrocannabinol (THC) concentrations. 81
(d) The people of the State of Mississippi further find 82
and declare that it is necessary to ensure consistency and 83
fairness in the application of this section throughout the state 84
and that, therefore, the matters addressed by this section are, 85
except as specified herein, matters of statewide concern. 86
(3) Definitions. As used in this section, unless the 87
context otherwise requires: 88
(a) "Mississippi Marijuana Code" means Chapter 138, 89
Title 41, Mississippi Code of 1972. 90
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(b) "Consumer" means a person twenty-one (21) years of 91
age or older who purchases marijuana or marijuana products for 92
personal use by persons twenty-one (21) years of age or older, but 93
not for resale to others. 94
(c) "Department" means the State Department of Health 95
or its successor agency. 96
(d) "Hemp" has the same meaning as it is defined in 97
federal law or as the term is defined in Section 69-25-203. 98
(e) "Locality" means a county, municipality, or a 99
municipality and county. 100
(f) "Marijuana" means all parts of the plant of the 101
genus cannabis whether growing or not, the seeds thereof, the 102
resin extracted from any part of the plant, and every compound, 103
manufacture, salt, derivative, mixture, or preparation of the 104
plant, its seeds, or its resin, including marijuana concentrate. 105
"Marijuana" does not include hemp as defined in and regulated by 106
Sections 69-25-201 through 69-25-221, nor does it include fiber 107
produced from the stalks, oil, or cake made from the seeds of the 108
plant, sterilized seed of the plant which is incapable of 109
germination, or the weight of any other ingredient combined with 110
marijuana to prepare topical or oral administrations, food, drink, 111
or other product. 112
(g) "Marijuana accessories" means any equipment, 113
products, or materials of any kind which are used, intended for 114
use, or designed for use in planting, propagating, cultivating, 115
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growing, harvesting, composting, manufacturing, compounding, 116
converting, producing, processing, preparing, testing, analyzing, 117
packaging, repackaging, storing, vaporizing, or containing 118
marijuana, or for ingesting, inhaling, or otherwise introducing 119
marijuana into the human body. 120
(h) "Marijuana cultivation facility" means an entity 121
licensed to cultivate, prepare, and package marijuana and sell 122
marijuana to retail marijuana stores, to marijuana product 123
manufacturing facilities, and to other marijuana cultivation 124
facilities, but not to consumers. 125
(i) "Marijuana establishment" means a marijuana 126
cultivation facility, a marijuana testing facility, a marijuana 127
product manufacturing facility, or a retail marijuana store. 128
(j) "Marijuana product manufacturing facility" means an 129
entity licensed to purchase marijuana; manufacture, prepare, and 130
package marijuana products; and sell marijuana and marijuana 131
products to other marijuana product manufacturing facilities and 132
to retail marijuana stores, but not to consumers. 133
(k) "Marijuana products" means concentrated marijuana 134
products and marijuana products that are comprised of marijuana 135
and other ingredients and are intended for use or consumption, 136
such as, but not limited to, edible products, ointments, and 137
tinctures. 138
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(l) "Marijuana testing facility" means an entity 139
licensed to analyze and certify the safety and potency of 140
marijuana. 141
(m) "Retail marijuana store" means an entity licensed 142
to purchase marijuana from marijuana cultivation facilities and 143
marijuana and marijuana products from marijuana product 144
manufacturing facilities and to sell marijuana and marijuana 145
products to consumers. 146
(n) "Unreasonably impracticable" means that the 147
measures necessary to comply with the regulations require such a 148
high investment of risk, money, time, or any other resource or 149
asset that the operation of a marijuana establishment is not 150
worthy of being carried out in practice by a reasonably prudent 151
businessperson. 152
(4) Personal use of marijuana. The following acts are not 153
unlawful and shall not be an offense under Mississippi law or the 154
law of any locality within Mississippi or be a basis for seizure 155
or forfeiture of assets under Mississippi law for persons 156
twenty-one (21) years of age or older: 157
(a) Possessing, using, displaying, purchasing, or 158
transporting marijuana accessories or one (1) ounce or less of 159
marijuana. 160
(b) Possessing, growing, processing, or transporting no 161
more than six (6) marijuana plants, with three (3) or fewer being 162
mature, flowering plants, and possession of the marijuana produced 163
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by the plants on the premises where the plants were grown, 164
provided that the growing takes place in an enclosed, locked 165
space, is not conducted openly or publicly, and is not made 166
available for sale. 167
(c) Transfer of one (1) ounce or less of marijuana 168
without remuneration to a person who is twenty-one (21) years of 169
age or older. 170
(d) Consumption of marijuana, provided that nothing in 171
this section shall permit consumption that is conducted openly and 172
publicly or in a manner that endangers others. 173
(e) Assisting another person who is twenty-one (21) 174
years of age or older in any of the acts described in paragraphs 175
(a) through (d) of this subsection. 176
(5) Lawful operation of marijuana-related facilities. The 177
following acts are not unlawful and shall not be an offense under 178
Mississippi law or be a basis for seizure or forfeiture of assets 179
under Mississippi law for persons twenty-one (21) years of age or 180
older: 181
(a) Manufacture, possession, or purchase of marijuana 182
accessories or the sale of marijuana accessories to a person who 183
is twenty-one (21) years of age or older. 184
(b) Possessing, displaying, or transporting marijuana 185
or marijuana products; purchase of marijuana from a marijuana 186
cultivation facility; purchase of marijuana or marijuana products 187
from a marijuana product manufacturing facility; or sale of 188
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marijuana or marijuana products to consumers, if the person 189
conducting the activities described in this paragraph has obtained 190
a current, valid license to operate a retail marijuana store or is 191
acting in his or her capacity as an owner, employee or agent of a 192
licensed retail marijuana store. 193
(c) Cultivating, harvesting, processing, packaging, 194
transporting, displaying, or possessing marijuana; delivery or 195
transfer of marijuana to a marijuana testing facility; selling 196
marijuana to a marijuana cultivation facility, a marijuana product 197
manufacturing facility, or a retail marijuana store; or the 198
purchase of marijuana from a marijuana cultivation facility, if 199
the person conducting the activities described in this paragraph 200
has obtained a current, valid license to operate a marijuana 201
cultivation facility or is acting in his or her capacity as an 202
owner, employee, or agent of a licensed marijuana cultivation 203
facility. 204
(d) Packaging, processing, transporting, manufacturing, 205
displaying, or possessing marijuana or marijuana products; 206
delivery or transfer of marijuana or marijuana products to a 207
marijuana testing facility; selling marijuana or marijuana 208
products to a retail marijuana store or a marijuana product 209
manufacturing facility; the purchase of marijuana from a marijuana 210
cultivation facility; or the purchase of marijuana or marijuana 211
products from a marijuana product manufacturing facility, if the 212
person conducting the activities described in this paragraph has 213
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obtained a current, valid license to operate a marijuana product 214
manufacturing facility or is acting in his or her capacity as an 215
owner, employee, or agent of a licensed marijuana product 216
manufacturing facility. 217
(e) Possessing, cultivating, processing, repackaging, 218
storing, transporting, displaying, transferring or delivering 219
marijuana or marijuana products if the person has obtained a 220
current, valid license to operate a marijuana testing facility or 221
is acting in his or her capacity as an owner, employee, or agent 222
of a licensed marijuana testing facility. 223
(f) Leasing or otherwise allowing the use of property 224
owned, occupied or controlled by any person, corporation or other 225
entity for any of the activities conducted lawfully in accordance 226
with paragraphs (a) through (e) of this subsection. 227
(6) Regulation of marijuana. (a) Not later than July 1, 228
2027, the department shall adopt regulations necessary for 229
implementation of this section. Such regulations shall not 230
prohibit the operation of marijuana establishments, either 231
expressly or through regulations that make their operation 232
unreasonably impracticable. Such regulations shall include: 233
(i) Procedures for the issuance, renewal, 234
suspension, and revocation of a license to operate a marijuana 235
establishment; 236
(ii) A schedule of application, licensing and 237
renewal fees, provided that application fees shall not exceed Five 238
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Thousand Dollars ($5,000.00), with this upper limit adjusted 239
annually for inflation, unless the department determines a greater 240
fee is necessary to carry out its responsibilities under this 241
section; 242
(iii) Qualifications for licensure that are 243
directly and demonstrably related to the operation of a marijuana 244
establishment; 245
(iv) Security requirements for marijuana 246
establishments; 247
(v) Requirements to prevent the sale or diversion 248
of marijuana and marijuana products to persons under twenty-one 249
(21) years of age; 250
(vi) Labeling requirements for marijuana and 251
marijuana products sold or distributed by a marijuana 252
establishment; 253
(vii) Health and safety regulations and standards 254
for the manufacture of marijuana products and the cultivation of 255
marijuana; 256
(viii) Restrictions on the advertising and display 257
of marijuana and marijuana products; and 258
(ix) Civil penalties for the failure to comply 259
with regulations made pursuant to this section. 260
(b) In order to ensure that individual privacy is 261
protected, notwithstanding paragraph (a) of this subsection, the 262
department shall not require a consumer to provide a retail 263
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marijuana store with personal information other than 264
government-issued identification to determine the consumer's age, 265
and a retail marijuana store shall not be required to acquire and 266
record personal information about consumers other than information 267
typically acquired in a financial transaction conducted at a 268
retail liquor store. 269
(c) Not later than October 1, 2027, each locality shall 270
enact an ordinance or regulation specifying the entity within the 271
locality that is responsible for processing applications submitted 272
for a license to operate a marijuana establishment within the 273
boundaries of the locality and for the issuance of such licenses 274
if the issuance by the locality become necessary because of a 275
failure by the department to adopt regulations pursuant to 276
paragraph (a) or because of a failure by the department to process 277
and issue licenses as required by paragraph (e). 278
(d) A locality may enact ordinances or regulations, not 279
in conflict with this section or with regulations or legislation 280
enacted pursuant to this section, governing the time, place, 281
manner and number of marijuana establishment operations; 282
establishing procedures for the issuance, suspension, and 283
revocation of a license issued by the locality in accordance with 284
paragraph (f) or (g); establishing a schedule of annual operating, 285
licensing, and application fees for marijuana establishments, 286
provided that the application fee shall only be due if an 287
application is submitted to a locality in accordance with 288
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paragraph (g) and a licensing fee shall only be due if a license 289
is issued by a locality in accordance with paragraph (f) or (g); 290
and establishing civil penalties for violation of an ordinance or 291
regulation governing the time, place, and manner of a marijuana 292
establishment that may operate in such locality. A locality may 293
prohibit the operation of marijuana cultivation facilities, 294
marijuana product manufacturing facilities, marijuana testing 295
facilities, or retail marijuana stores through the enactment of an 296
ordinance. 297
(e) Each application for an annual license to operate a 298
marijuana establishment shall be submitted to the department. The 299
department shall: 300
(i) Begin accepting and processing applications on 301
October 1, 2027; 302
(ii) Immediately forward a copy of each 303
application and half of the license application fee to the 304
locality in which the applicant desires to operate the marijuana 305
establishment; 306
(iii) Issue an annual license to the applicant 307
between forty-five (45) and ninety (90) days after receipt of an 308
application unless the department finds the applicant is not in 309
compliance with regulations enacted pursuant to paragraph (a) or 310
the department is notified by the relevant locality that the 311
applicant is not in compliance with ordinances and regulations 312
made pursuant to paragraph (d) and in effect at the time of 313
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application, provided that where a locality has enacted a 314
numerical limit on the number of marijuana establishments and a 315
greater number of applicants seek licenses, the department shall 316
solicit and consider input from the locality as to the locality's 317
preference or preferences for licensure; and 318
(iv) Upon denial of an application, notify the 319
applicant in writing of the specific reason for its denial. 320
(f) If the department does not issue a license to an 321
applicant within ninety (90) days of receipt of the application 322
filed in accordance with paragraph (e) and does not notify the 323
applicant of the specific reason for its denial, in writing and 324
within such time period, or if the department has adopted 325
regulations pursuant to paragraph (a) and has accepted 326
applications pursuant to paragraph (e) but has not issued any 327
licenses by January 1, 2028, the applicant may resubmit its 328
application directly to the locality, pursuant to paragraph (c), 329
and the locality may issue an annual license to the applicant. A 330
locality issuing a license to an applicant shall do so within 331
ninety (90) days of receipt of the resubmitted application unless 332
the locality finds and notifies the applicant that the applicant 333
is not in compliance with ordinances and regulations made pursuant 334
to paragraph (d) in effect at the time the application is 335
resubmitted and the locality shall notify the department if an 336
annual license has been issued to the applicant. If an 337
application is submitted to a locality under this paragraph, the 338
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department shall forward to the locality the application fee paid 339
by the applicant to the department upon request by the locality. 340
A license issued by a locality in accordance with this paragraph 341
shall have the same force and effect as a license issued by the 342
department in accordance with paragraph (e) and the holder of such 343
license shall not be subject to regulation or enforcement by the 344
department during the term of that license. A subsequent or 345
renewed license may be issued under this paragraph on an annual 346
basis only upon resubmission to the locality of a new application 347
submitted to the department pursuant to paragraph (e). 348
(g) If the department does not adopt regulations 349
required by paragraph (a), an applicant may submit an application 350
directly to a locality after October 1, 2027, and the locality may 351
issue an annual license to the applicant. A locality issuing a 352
license to an applicant shall do so within ninety (90) days of 353
receipt of the application unless it finds and notifies the 354
applicant that the applicant is not in compliance with ordinances 355
and regulations made pursuant to paragraph (d) in effect at the 356
time of application and shall notify the department if an annual 357
license has been issued to the applicant. A license issued by a 358
locality in accordance with this paragraph shall have the same 359
force and effect as a license issued by the department in 360
accordance with paragraph (e) and the holder of such license shall 361
not be subject to regulation or enforcement by the department 362
during the term of that license. A subsequent or renewed license 363
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may be issued under this paragraph on an annual basis if the 364
department has not adopted regulations required by paragraph (a) 365
at least ninety (90) days prior to the date upon which such 366
subsequent or renewed license would be effective or if the 367
department has adopted regulations pursuant to paragraph (a) but 368
has not, at least ninety (90) days after the adoption of such 369
regulations, issued licenses pursuant to paragraph (e). 370
(7) Employers, driving, minors and control of property. (a) 371
Nothing in this section is intended to require an employer to 372
permit or accommodate the use, consumption, possession, transfer, 373
display, transportation, sale or growing of marijuana in the 374
workplace or to affect the ability of employers to have policies 375
restricting the use of marijuana by employees. 376
(b) Nothing in this section is intended to allow 377
driving under the influence of marijuana or driving while impaired 378
by marijuana or to supersede any laws related to driving under the 379
influence of marijuana or driving while impaired by marijuana. 380
(c) Nothing in this section is intended to permit the 381
transfer of marijuana, with or without remuneration, to a person 382
under the age of twenty-one (21) or to allow a person under the 383
age of twenty-one (21) to purchase, possess, use, transport, grow, 384
or consume marijuana. 385
(d) Nothing in this section shall prohibit a person, 386
employer, school, hospital, detention facility, corporation or any 387
other entity who occupies, owns or controls a property from 388
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prohibiting or otherwise regulating the possession, consumption, 389
use, display, transfer, distribution, sale, transportation, or 390
growing of marijuana on or in that property. 391
SECTION 2. The following sections shall be codified as a new 392
Chapter 138 in Title 41, Mississippi Code of 1972: 393
ARTICLE 1 394
MISSISSIPPI MARIJUANA CODE 395
101. Short title. This chapter shall be known and may be 396
cited as the "Mississippi Marijuana Code". 397
102. Legislative declaration. (1) The Legislature declares 398
that this chapter is deemed an exercise of the police powers of 399
the state for the protection of the economic and social welfare 400
and the health, peace, and morals of the people of this state. 401
(2) The Legislature further declares that it is unlawful 402
under state law to cultivate, manufacture, distribute, or sell 403
retail marijuana and retail marijuana products, except in 404
compliance with the terms, conditions, limitations, and 405
restrictions in Section 1 of this act and this chapter. 406
103. Definitions. As used in this chapter, unless the 407
context otherwise requires: 408
(a) "Accelerator cultivator" means a social equity 409
licensee qualified to participate in the accelerator program 410
established pursuant to this chapter and authorized pursuant to 411
rule, to exercise the privileges of a retail marijuana cultivation 412
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facility on the premises of an accelerator-endorsed retail 413
marijuana cultivation facility licensee. 414
(b) "Accelerator-endorsed licensee" means a retail 415
marijuana cultivation facility licensee, retail marijuana products 416
manufacturer licensee, or retail marijuana store who has, pursuant 417
to rule, been endorsed to host and offer technical and capital 418
support to a social equity licensee pursuant to the requirements 419
of the accelerator program established pursuant to this chapter. 420
(c) "Accelerator manufacturer" means a social equity 421
licensee qualified to participate in the accelerator program 422
established pursuant to this chapter and authorized pursuant to 423
rule, to exercise the privileges of a retail marijuana products 424
manufacturer on the premises of an accelerator-endorsed retail 425
marijuana products manufacturing licensee. 426
(d) "Accelerator store" means a social equity licensee 427
qualified to participate in the accelerator program established 428
pursuant to this chapter and authorized pursuant to rule, to 429
exercise the privileges of a retail marijuana store on the 430
premises of an accelerator-endorsed retail marijuana store 431
licensee. 432
(e) "Acquire", when used in connection with the 433
acquisition of an owner's interest of a retail marijuana business, 434
means obtaining ownership, control, power to vote, or sole power 435
of disposition of the owner's interest, directly or indirectly or 436
through one or more transactions or subsidiaries, through 437
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purchase, assignment, transfer, exchange, succession, or other 438
means. 439
(f) "Acting in concert" means knowing participation in 440
a joint activity or interdependent conscious parallel action 441
toward a common goal, whether or not pursuant to an express 442
agreement. 443
(g) "Adverse weather event" means: 444
(a) Damaging weather, which involves a drought, a 445
freeze, hail, excessive moisture, excessive wind, or a tornado; 446
(b) An adverse natural occurrence, which involves 447
an earthquake, wildfire, or flood; or 448
(c) Any additional adverse weather event or 449
adverse natural occurrence as the state licensing authority may 450
define by rule. 451
(h) "Advertising" means the act of providing 452
consideration for the publication, dissemination, solicitation, or 453
circulation of visual, oral, or written communication to directly 454
induce any person to patronize a particular retail marijuana 455
business or purchase particular regulated marijuana. 456
"Advertising" does not include packaging and labeling, consumer 457
education materials, or branding. 458
(i) "Affiliate" of, or person "affiliated with", has 459
the same meaning as defined in 17 CFR Section 230.405. 460
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(j) "Beneficial owner of", "beneficial ownership of", 461
or "beneficially owns an" owner's interest is determined in 462
accordance with 17 CFR Section 240.13d-3. 463
(k) "Branding" means promotion of a business's brand 464
through publicizing the retail marijuana business's name, logo, or 465
distinct design features of the brand. 466
(l) "Consumer education materials" means any 467
informational materials that seek to educate consumers about 468
regulated marijuana generally, including, but not limited to, 469
education regarding the safe consumption of marijuana, regulated 470
marijuana concentrate, or regulated marijuana products, provided 471
they are not distributed or made available to individuals under 472
twenty-one (21) years of age. 473
(m) "Control", "controls", "controlled", "controlling", 474
"controlled by", and "under common control with", means the 475
possession, direct or indirect, of the power to direct or cause 476
the direction of the management or policies of a person, whether 477
through the ownership of voting owner's interests, by contract, or 478
otherwise. 479
(n) "Department" means the State Department of Health. 480
(o) "Escorted" means appropriately checked into a 481
limited access area and accompanied by a person licensed by the 482
state licensing authority; except that trade craftspeople not 483
normally engaged in the business of cultivating, processing, 484
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selling, or testing regulated marijuana need not be accompanied on 485
a full-time basis, but only reasonably monitored. 486
(p) "Fibrous waste" means any roots, stalks, and stems 487
from a retail marijuana plant. 488
(q) "Good cause", for purposes of refusing or denying a 489
license renewal, reinstatement, or initial license issuance, 490
means: 491
(i) The licensee or applicant has violated, does 492
not meet, or has failed to comply with any of the terms, 493
conditions, or provisions of this chapter; any rules promulgated 494
pursuant to this chapter; or any supplemental local law, rules, or 495
regulations; 496
(ii) The licensee or applicant has failed to 497
comply with any special terms or conditions that were placed on 498
its license pursuant to an order of the state or local licensing 499
authority; 500
(iii) The licensed premises have been operated in 501
a manner that adversely affects the public health or welfare or 502
the safety of the immediate neighborhood in which the 503
establishment is located. 504
(r) "Immature plant" means a nonflowering marijuana 505
plant that is no taller than eight (8) inches and no wider than 506
eight (8) inches; is produced from a cutting, clipping, or 507
seedling; and is in a cultivating container. 508
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(s) "Industrial fiber products" means intermediate or 509
finished products made from fibrous waste that are not intended 510
for human or animal consumption and are not usable or recognizable 511
as retail marijuana. Industrial fiber products include, but are 512
not limited to, cordage, paper, fuel, textiles, bedding, 513
insulation, construction materials, compost materials, and 514
industrial materials. 515
(t) "Industrial hemp" means a plant of the genus 516
cannabis and any part of the plant, whether growing or not, 517
containing a delta-9 tetrahydrocannabinol concentration of no more 518
than three-tenths of one percent (0.3%) on a dry weight basis. 519
(u) "Industrial hemp product" means a finished product 520
containing industrial hemp that: 521
(i) Is a cosmetic, food, food additive, or herb; 522
(ii) Is for human use or consumption; 523
(iii) Contains any part of the hemp plant, 524
including naturally occurring cannabinoids, compounds, 525
concentrates, extracts, isolates, resins, or derivatives; and 526
(iv) Contains a delta-9 tetrahydrocannabinol 527
concentration of no more than three-tenths of one percent (0.3%) 528
on a dry weight basis. 529
(v) "License" means to grant a license, permit, or 530
registration pursuant to this chapter. 531
(w) "Licensed premises" means the premises specified in 532
an application for a license under this chapter that are owned or 533
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in possession of the licensee and within which the licensee is 534
authorized to cultivate, manufacture, distribute, sell, or test 535
regulated marijuana and regulated marijuana products in accordance 536
with this chapter. 537
(x) "Licensee" means a person licensed or registered 538
pursuant to this chapter. 539
(y) "Limited access areas", subject to the provisions 540
of Section 1001, means a building, room, or other contiguous area 541
upon the licensed premises where regulated marijuana and regulated 542
marijuana products are cultivated, manufactured, stored, weighed, 543
packaged, sold, possessed for sale, or tested, under control of 544
the licensee, with access limited to only those persons licensed 545
by the state licensing authority and those visitors escorted by a 546
person licensed by the state licensing authority. All areas of 547
ingress or egress to limited access areas must be clearly 548
identified as such by a sign as designated by the state licensing 549
authority. 550
(z) "Local jurisdiction" means a locality as defined in 551
Section 1(3)(e) of this act. 552
(aa) "Local licensing authority" means an authority 553
designated by municipal or county charter, ordinance, or 554
resolution, or the governing body of a municipality or county. 555
(bb) "Location" means a particular parcel of land that 556
may be identified by an address or other descriptive means. 557
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(cc) "Marijuana accessories" has the same meaning as 558
defined in Section 1(3)(g) of this act. 559
(dd) "Marijuana-based workforce development or training 560
program" means a program designed to train individuals to work in 561
the regulated marijuana industry operated by an entity licensed 562
under this chapter or by a school that is authorized by state law 563
to do such training. 564
(ee) "Marijuana consumer waste" means any component 565
left after the consumption of a regulated marijuana product, 566
including, but not limited to, containers, packages, cartridges, 567
pods, cups, batteries, all-in-one disposable devices, and any 568
other waste component left after the regulated marijuana is 569
consumed as defined by rules promulgated by the state licensing 570
authority. 571
(ff) "Marijuana hospitality business" means a facility, 572
which may be mobile, licensed to permit the consumption of 573
marijuana pursuant to chapter; rules promulgated pursuant to this 574
chapter; and the provisions of an ordinance or resolution of the 575
local jurisdiction in which the licensee operates. 576
(gg) "Mobile distribution center" means any vehicle 577
other than a common passenger light-duty vehicle with a short 578
wheel base used to carry a quantity of marijuana greater than one 579
(1) ounce. 580
(hh) "Opaque" means that the packaging does not allow 581
the product to be seen without opening the packaging material. 582
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(ii) "Operating fees", as referred to in Section 583
1(6)(d) of this act, means fees that may be charged by a local 584
jurisdiction for costs, including, but not limited to, inspection, 585
administration, and enforcement of retail marijuana businesses 586
authorized pursuant to this chapter. 587
(jj) "Passive beneficial owner" means any person 588
acquiring any owner's interest in a retail marijuana business that 589
is not otherwise a controlling beneficial owner or in control. 590
(kk) "Permitted economic interest" means any unsecured 591
convertible debt instrument, option agreement, warrant, or any 592
other right to obtain an ownership interest when the holder of 593
such interest is a natural person who is a lawful United States 594
resident and whose right to convert into an ownership interest is 595
contingent on the holder qualifying and obtaining a license as an 596
owner under this chapter, or such other agreements as may be 597
permitted by rule of the state licensing authority. 598
(ll) "Premises" means a distinctly identified, as 599
required by the state licensing authority, and definite location, 600
which may include a building, a part of a building, a room, or any 601
other definite contiguous area. 602
(mm) "Publicly traded corporation" means any person 603
other than an individual that is organized under the laws of and 604
for which its principal place of business is located in one of the 605
states or territories of the United States or District of Columbia 606
or another country that authorizes the sale of marijuana and that: 607
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(i) Has a class of securities registered pursuant 608
to 15 USC Section 77a et seq., that: 609
1. Constitutes "covered securities" pursuant 610
to 15 USC Section 77r(b)(1)(A); or 611
2. Is qualified and quoted on the OTCQX or 612
OTCQB tier of the OTC markets if: 613
a. The person is then required to file 614
reports and is filing reports on a current basis with the federal 615
Securities and Exchange Commission pursuant to 15 USC Section 78a 616
et seq., as if the securities constituted "covered securities" as 617
described in item 1 of this subparagraph (i); and 618
b. The person has established and is in 619
compliance with corporate governance measures pursuant to 620
corporate governance obligations imposed on securities qualified 621
and quoted on the OTCQX tier of the OTC markets; 622
(ii) Is an entity that has a class of securities 623
listed on the Canadian securities exchange, Toronto stock 624
exchange, TSX venture exchange, or other equity securities 625
exchange recognized by the state licensing authority, if: 626
1. The entity constitutes a "foreign private 627
issuer", as defined in 17 CFR Section 230.405, whose securities 628
are exempt from registration pursuant to 15 USC Section 78a et 629
seq., pursuant to 17 CFR Section 240.12g3-2; and 630
2. The entity has been, for the preceding 631
three hundred sixty-five (365) days or since the formation of the 632
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entity, in compliance with all governance and reporting 633
obligations imposed by the relevant exchange on such entity; or 634
(iii) Is reasonably identified as a publicly 635
traded corporation by rule. 636
(nn) "Qualified institutional investor" means: 637
(i) A bank, as defined in 15 USC Section 638
78c(a)(6), if the bank is current in all applicable reporting and 639
record-keeping requirements under such act and rules promulgated 640
thereunder; 641
(ii) A bank holding company, as defined in 12 USC 642
Section 1841(a)(1), if the bank holding company is registered and 643
current in all applicable reporting and record-keeping 644
requirements under such act and rules promulgated thereunder; 645
(iii) An insurance company, as defined in 15 USC 646
Section 80a-2(a)(17), if the insurance company is current in all 647
applicable reporting and record-keeping requirements under such 648
act and rules promulgated thereunder; 649
(iv) An investment company registered and subject 650
to 15 USC Section 80a-1 et seq., if the investment company is 651
current in all applicable reporting and record-keeping 652
requirements under such act and rules promulgated thereunder; 653
(v) An employee benefit plan or pension fund 654
subject to 29 USC Section 1001 et seq., excluding an employee 655
benefit plan or pension fund sponsored by a licensee or an 656
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intermediary holding company licensee that directly or indirectly 657
owns ten percent (10%) or more of a licensee; 658
(vi) A state or federal government pension plan; 659
(vii) A group comprised entirely of persons 660
specified in subparagraph (i) through (vi) of this paragraph; or 661
(viii) Any other entity identified by rule by the 662
state licensing authority. 663
(oo) "Qualified private fund" means an issuer that 664
would be an investment company, as defined in, but for the 665
exclusions provided under, 15 USC Section 80a-3, and that: 666
(i) Is advised or managed by an investment 667
adviser, as defined and registered pursuant to 15 USC Section 668
80b-1 et seq., and for which the registered investment adviser is 669
current in all applicable reporting and record-keeping 670
requirements under such act and rules promulgated thereunder; and 671
(ii) Satisfies one or more of the following: 672
1. Is organized under the law of a state or 673
the United States; 674
2. Is organized, operated, or sponsored by a 675
"U.S. person", as defined under 17 CFR Section 230.902(k), as 676
amended; or 677
3. Sells securities to a "U.S. person", as 678
defined under 17 CFR Section 230.902(k), as amended. 679
(pp) "Reasonable cause" means just or legitimate 680
grounds based in law and in fact to believe that the particular 681
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requested action furthers the purposes of this chapter or protects 682
public safety. 683
(qq) "Regulated marijuana" means retail marijuana. If 684
the context requires, regulated marijuana includes retail 685
marijuana concentrate and retail marijuana products. 686
(rr) "Regulated marijuana products" means retail 687
marijuana products. 688
(ss) "Resealable" means that the package continues to 689
function within effectiveness specifications, which shall be 690
established by the state licensing authority similar to the 691
federal "Poison Prevention Packaging Act of 1970", 15 USC Section 692
1471 et seq., for the number of openings and closings customary 693
for its size and contents, which shall be determined by the state 694
licensing authority. 695
(tt) "Retail marijuana" means "marijuana", as defined 696
in Section 1(3)(f) of this act, that is cultivated, manufactured, 697
distributed, or sold by a licensed retail marijuana business. If 698
the context requires, retail marijuana includes retail marijuana 699
concentrate and retail marijuana products. 700
(uu) "Retail marijuana business" means a retail 701
marijuana store, a retail marijuana cultivation facility, a retail 702
marijuana products manufacturer, a marijuana hospitality business, 703
a retail marijuana hospitality and sales business, a retail 704
marijuana testing facility, a retail marijuana business operator, 705
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or a retail marijuana transporter licensed pursuant to this 706
chapter. 707
(vv) "Retail marijuana business operator" means an 708
entity or person that is not an owner and that is licensed to 709
provide professional operational services to a retail marijuana 710
business for direct remuneration from the retail marijuana 711
business. 712
(ww) "Retail marijuana concentrate" means a subset of 713
retail marijuana that is separated from the retail marijuana plant 714
and results in matter with a higher concentration of cannabinoids 715
than naturally occur in the plant. Retail marijuana concentrate 716
contains cannabinoids and may contain terpenes and other chemicals 717
that are naturally occurring in retail marijuana plants that have 718
been separated from retail marijuana. Retail marijuana 719
concentrate may also include residual amounts of the types of 720
solvents, as permitted by the marijuana rules. The state 721
licensing authority may further define by rule subcategories of 722
retail marijuana concentrate and authorize limited ingredients 723
based on the method of production of retail marijuana concentrate. 724
Unless the context otherwise requires, retail marijuana 725
concentrate is included when this chapter refers to retail 726
marijuana product. 727
(xx) "Retail marijuana cultivation facility" has the 728
same meaning as "marijuana cultivation facility" as defined in 729
Section 1(3)(h) of this act. 730
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(yy) "Retail marijuana hospitality and sales business" 731
means a facility, which cannot be mobile, licensed to permit the 732
consumption of only the retail marijuana or retail marijuana 733
products that it has sold pursuant to the provisions of an 734
ordinance of the local jurisdiction in which the licensee 735
operates. 736
(zz) "Retail marijuana products" means "marijuana 737
products" as defined in Section 1(3)(k) of this act that are 738
produced at a retail marijuana products manufacturer. 739
(aaa) "Retail marijuana products manufacturer" has the 740
same meaning as "marijuana product manufacturing facility" as 741
defined in Section 1(3)(j) of this act. 742
(bbb) "Retail marijuana store" has the same meaning as 743
defined in Section 1(3)(m) of this act. 744
(ccc) "Retail marijuana testing facility" means 745
"marijuana testing facility" as defined in Section 1(3)(l) of this 746
act that is licensed pursuant to this chapter. 747
(ddd) "Retail marijuana transporter" means an entity or 748
person licensed to transport retail marijuana and retail marijuana 749
products from one (1) retail marijuana business to another retail 750
marijuana business and to temporarily store the transported retail 751
marijuana and retail marijuana products at its licensed premises, 752
but is not authorized to sell retail marijuana or retail marijuana 753
products under any circumstances. 754
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(eee) "Sale" or "sell" includes to exchange, barter, or 755
traffic in; to solicit or receive and order except through a 756
licensee licensed under this chapter; to deliver for value in any 757
way other than gratuitously; to peddle or possess with intent to 758
sell; or to traffic in for any consideration promised or obtained 759
directly or indirectly. 760
(fff) "School" means a public or private preschool or a 761
public or private elementary, middle, junior high, or high school 762
or institution of higher education. 763
(ggg) "Security" has the same meaning as defined in 15 764
USC Section 77b(a)(1) et seq. 765
(hhh) "Social equity licensee" means a natural person 766
who meets the criteria established pursuant to Section 308(3). A 767
person qualified as a social equity licensee may participate in 768
the accelerator program established pursuant to this chapter or 769
may hold a regulated marijuana business license or permit issued 770
pursuant to this chapter. 771
(iii) "State licensing authority" means the State 772
Department of Health. 773
104. Applicability - retail marijuana. (1) (a) A person 774
applying for licensure pursuant to this chapter must complete 775
forms as provided by the state licensing authority and must pay 776
the application fee and the licensing fee, which must be credited 777
to the Marijuana Cash Fund established pursuant to Section 801. 778
The state licensing authority shall forward, within seven (7) 779
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days, one-half (1/2) of the retail marijuana business license 780
application fee to the local jurisdiction unless the application 781
is for an accelerator cultivator, accelerator manufacturer, or 782
accelerator store license or unless the local jurisdiction has 783
prohibited the operation of retail marijuana businesses pursuant 784
to Section 1(6)(d) of this act. If the license is denied, the 785
state licensing authority shall refund the licensing fee to the 786
applicant. 787
(b) The state licensing authority shall act upon a 788
retail marijuana business license application made pursuant to 789
paragraph (a) of this subsection no sooner than forty-five (45) 790
days and no later than ninety (90) days after the date of the 791
retail marijuana business license application. The state 792
licensing authority shall process retail marijuana business 793
license applications in the order in which complete applications 794
are received by the state licensing authority. 795
(2) As provided in Section 1(6)(d) of this act, any local 796
jurisdiction may enact ordinances or regulations governing the 797
time, place, manner, and number of retail marijuana businesses, 798
which may include a local licensing requirement, or may prohibit 799
the operation of retail marijuana businesses through the enactment 800
of an ordinance. 801
(3) This chapter sets forth the exclusive means by which 802
cultivation, manufacture, sale, distribution, dispensing, and 803
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testing of regulated marijuana and regulated marijuana products 804
may occur in the State of Mississippi. 805
(4) (a) Nothing in this chapter is intended to require an 806
employer to permit or accommodate the use, consumption, 807
possession, transfer, display, transportation, sale, or 808
cultivating of regulated marijuana in the workplace or to affect 809
the ability of employers to have policies restricting the use of 810
marijuana by employees. 811
(b) Nothing in this chapter prohibits a person, 812
employer, school, hospital, detention facility, corporation, or 813
any other entity that occupies, owns, or controls a property from 814
prohibiting or otherwise regulating the possession, consumption, 815
use, display, transfer, distribution, sale, transportation, or 816
cultivating of regulated marijuana on or in that property. 817
(c) Notwithstanding any other provision of this 818
subsection (4), holding or exercising the privileges of any 819
license issued pursuant to this chapter shall not constitute an 820
unsuitable or unlawful act or practice within the meaning of the 821
statutes and rules governing the Mississippi Gaming Control Act. 822
ARTICLE 2 823
STATE LICENSING AUTHORITY 824
201. State licensing authority. (1) (a) The State 825
Department of Health is the state licensing authority for the 826
purpose of regulating and controlling the licensing of the 827
cultivation, manufacture, distribution, sale, and testing of 828
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regulated marijuana in this state, there is created the state 829
licensing authority, which is the executive director or the deputy 830
director of the department if the executive director so 831
designates. 832
(b) The state licensing authority also has regulatory 833
authority for retail marijuana and retail marijuana products as 834
permitted in Section 1 of this act and this chapter. 835
(2) A state licensing authority employee with regulatory 836
oversight responsibilities for marijuana businesses licensed by 837
the state licensing authority shall not work for, represent, or 838
provide consulting services to or otherwise derive pecuniary gain 839
from a retail marijuana business licensed by the state licensing 840
authority or other business entity established for the primary 841
purpose of providing services to the marijuana industry for a 842
period of six (6) months following his or her last day of 843
employment with the state licensing authority. 844
(3) Any person who discloses confidential records or 845
information in violation of the provisions of this chapter is 846
guilty of a misdemeanor and, upon conviction thereof, shall be 847
punished by a fine of not more than One Thousand Dollars 848
($1,000.00), or by imprisonment in the county jail for not more 849
than six (6) months, or both. Any criminal prosecution pursuant 850
to the provisions of this section must be brought within five (5) 851
years from the date the violation occurred. 852
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202. Powers and duties of state licensing authority - rules 853
- report - legislative declaration. (1) The state licensing 854
authority shall: 855
(a) Develop and maintain a seed-to-sale tracking system 856
that tracks regulated marijuana from either the seed or immature 857
plant stage until the regulated marijuana or regulated marijuana 858
product is sold to a customer at a retail marijuana store or a 859
retail marijuana hospitality and sales business to ensure that no 860
regulated marijuana grown or processed by a retail marijuana 861
business is sold or otherwise transferred except by a retail 862
marijuana store or a retail marijuana hospitality and sales 863
business; 864
(b) Grant or refuse state licenses for the cultivation, 865
manufacture, distribution, sale, hospitality, and testing of 866
regulated marijuana and regulated marijuana products as provided 867
by law; suspend, fine, restrict, or revoke such licenses, whether 868
active, expired, or surrendered, upon a violation of this chapter 869
or any rule promulgated pursuant to this chapter; and impose any 870
penalty authorized by this chapter or any rule promulgated 871
pursuant to this chapter. The state licensing authority may take 872
any action with respect to a registration or permit pursuant to 873
this chapter as it may with respect to a license pursuant to this 874
chapter, in accordance with the procedures established pursuant to 875
this chapter; 876
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(c) Promulgate rules for the proper regulation and 877
control of the cultivation, manufacture, distribution, sale, and 878
testing of regulated marijuana and regulated marijuana products 879
and for the enforcement of this chapter and promulgate amended 880
rules and such special rulings and findings as necessary; 881
(d) Hear and determine at a public hearing any 882
contested state license denial and any complaints against a 883
licensee and administer oaths and issue subpoenas to require the 884
presence of persons and the production of papers, books, and 885
records necessary to the determination of any hearing so held. 886
The state licensing authority may, at its discretion, delegate to 887
the department hearing officers the authority to conduct 888
licensing, disciplinary, and rule-making hearings. When 889
conducting the hearings, the hearing officers are employees of the 890
state licensing authority under the direction and supervision of 891
the executive director and the state licensing authority; 892
(e) Develop such forms, licenses, identification cards, 893
and applications as are necessary or convenient in the discretion 894
of the state licensing authority for the administration of this 895
chapter or rules promulgated pursuant to this chapter; 896
(f) Prepare and transmit annually a report accounting 897
to the Legislature and the Governor for the efficient discharge of 898
all responsibilities assigned by law or directive to the state 899
licensing authority; and 900
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(g) Collect and maintain data related to licensing 901
disqualifications and all sanctions based on past criminal 902
history. 903
(2) Nothing in this chapter delegates to the state licensing 904
authority the power to fix prices for regulated marijuana. 905
(3) Nothing in this chapter limits a law enforcement 906
agency's ability to investigate unlawful activity in relation to a 907
retail marijuana business. A law enforcement agency has the 908
authority to run a criminal history records check of a licensee or 909
employee of a licensee during an investigation of unlawful 910
activity related to regulated marijuana and regulated marijuana 911
products. 912
(4) (a) The state licensing authority has the authority to 913
petition any court of competent jurisdiction for an investigative 914
subpoena applicable to a person who is not licensed pursuant to 915
this chapter to obtain documents or information necessary to 916
enforce the provisions of this chapter and any rules promulgated 917
pursuant to this chapter after reasonable efforts have been made 918
to obtain requested documents or information without a subpoena. 919
(b) The state licensing authority may apply to any 920
court of competent jurisdiction to temporarily restrain or 921
preliminarily or permanently enjoin the act in question of a 922
person who is not licensed pursuant to this chapter and to enforce 923
compliance with this chapter or any rule or order issued pursuant 924
to this chapter whenever it appears to the state licensing 925
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authority upon sufficient evidence satisfactory to the state 926
licensing authority that any person has been or is committing an 927
act prohibited by this chapter, a rule promulgated pursuant to 928
this chapter, a rule or an order issued pursuant to this chapter, 929
and the act: 930
(i) Threatens public health or safety; 931
(ii) Constitutes an unlawful act for which the 932
person does not hold the required license under this chapter; or 933
(iii) Constitutes a violation of an order of the 934
state licensing authority. 935
(5) The Legislature finds and declares that matters related 936
to labeling as regulated pursuant to this section and Section 937
203(2)(f), packaging as regulated pursuant to this section and 938
Section 203(3)(b), and testing as regulated pursuant to this 939
section and Section 203(2)(d) are matters of statewide concern and 940
the sole regulatory authority for labeling, packaging, and testing 941
is Section 203. 942
203. State licensing authority - rules - definition. (1) 943
Permissive rule-making. Rules promulgated pursuant to Section 944
202(1)(c) may include, but need not be limited to, the following 945
subjects: 946
(a) Labeling guidelines concerning the total content of 947
THC per unit of weight; 948
(b) Control of informational and product displays on 949
licensed premises; 950
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(c) Records to be kept by licensees and the required 951
availability of the records; 952
(d) Permitted economic interests issued prior to July 953
1, 2026, including a process for a criminal history records check, 954
a requirement that a permitted economic interest applicant submit 955
to and pass a criminal history records check, a divestiture, and 956
other agreements that would qualify as permitted economic 957
interests; 958
(e) Specifications of duties of officers and employees 959
of the state licensing authority; 960
(f) Instructions for local licensing authorities and 961
law enforcement officers; 962
(g) Requirements for inspections, investigations, 963
searches, seizures, forfeitures, and such additional activities as 964
may become necessary from time to time; 965
(h) Prohibition of misrepresentation and unfair 966
practices; 967
(i) Marijuana research and development licenses, 968
including application requirements; renewal requirements, 969
including whether additional research projects may be added or 970
considered; conditions for license revocation; security measures 971
to ensure marijuana is not diverted to purposes other than 972
research or diverted outside of the regulated marijuana market; 973
the amount of plants, usable marijuana, marijuana concentrates, or 974
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marijuana products a licensee may have on its premises; licensee 975
reporting requirements; and any additional requirements; 976
(j) A definition for "disproportionate impacted area" 977
to the extent relevant State of Mississippi data exists, is 978
available, and is used for the purpose of determining eligibility 979
for a social equity licensee; 980
(k) The implementation of contingency plans pursuant to 981
Section 502(14), including the definition of outdoor cultivation, 982
adverse weather event, or adverse natural occurrence and the 983
process, procedures, requirements, and restrictions for 984
contingency plans; and 985
(l) Such other matters as are necessary for the fair, 986
impartial, stringent, and comprehensive administration of this 987
chapter. 988
(2) Mandatory rule-making. Rules promulgated pursuant to 989
Section 202(1)(c) must include, but need not be limited to, the 990
following subjects: 991
(a) Procedures consistent with this chapter for the 992
issuance, renewal, suspension, and revocation of licenses to 993
operate retail marijuana businesses; 994
(b) Subject to the limitations contained in Section 995
1(6)(a)(ii) of this act and consistent with this chapter, a 996
schedule of application, licensing, and renewal fees for retail 997
marijuana businesses; 998
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(c) Qualifications for licensure pursuant to this 999
chapter, including, but not limited to, the requirement for a 1000
fingerprint-based criminal history records check for all 1001
controlling beneficial owners, passive beneficial owners, 1002
managers, contractors, employees, and other support staff of 1003
entities licensed pursuant to this chapter; 1004
(d) (i) Establishment of a marijuana and marijuana 1005
products independent testing and certification program for 1006
marijuana business licensees, within an implementation time frame 1007
established by the state licensing authority, requiring licensees 1008
to test marijuana and industrial hemp products to ensure, at a 1009
minimum, that products sold for human consumption by persons 1010
licensed pursuant to this chapter do not contain contaminants that 1011
are injurious to health and to ensure correct labeling. 1012
(ii) Testing may include analysis for microbial 1013
and residual solvents and chemical and biological contaminants 1014
deemed to be public health hazards by the state licensing 1015
authority based on medical reports and published scientific 1016
literature. 1017
(iii) 1. If test results indicate the presence of 1018
quantities of any substance determined to be injurious to health, 1019
the retail marijuana licensee shall immediately quarantine the 1020
products and notify the state licensing authority. The state 1021
licensing authority shall give the licensee an opportunity to 1022
remediate the product if the test indicated the presence of a 1023
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microbial. If the licensee is unable to remediate the product, 1024
the licensee shall document and properly destroy the adulterated 1025
product. 1026
2. If retail marijuana product test results 1027
indicate the presence of quantities of any substance determined to 1028
be injurious to health, the state licensing authority shall give 1029
the licensee an opportunity to retest the retail marijuana or 1030
retail marijuana product. 1031
3. If two (2) additional tests of the retail 1032
marijuana or retail marijuana product do not indicate the presence 1033
of quantities of any substance determined to be injurious to 1034
health, the product may be used or sold by the retail marijuana 1035
licensee. 1036
(iv) 1. Testing must also verify THC potency 1037
representations and homogeneity for correct labeling and provide a 1038
cannabinoid profile for the regulated marijuana product. 1039
2. An individual retail marijuana piece of 1040
ten (10) milligrams or less that has gone through process 1041
validation is exempt from continued homogeneity testing. 1042
3. Homogeneity testing for one hundred (100) 1043
milligram servings of retail marijuana may use validation 1044
measures. 1045
(v) The state licensing authority shall determine 1046
an acceptable variance for potency representations and procedures 1047
to address potency misrepresentations. The state licensing 1048
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authority shall determine an acceptable variance of at least plus 1049
or minus fifteen percent (15%) for potency representations and 1050
procedures to address potency misrepresentations. 1051
(vi) The state licensing authority shall determine 1052
the protocols and frequency of regulated marijuana testing by 1053
licensees. 1054
(vii) A state, local, or municipal agency shall 1055
not employ or use the results of any test of regulated marijuana 1056
or regulated marijuana products conducted by an analytical 1057
laboratory that is not certified pursuant to this subparagraph 1058
(vii) for the particular testing category or that is not 1059
accredited to the International Organization for 1060
Standardization/International Electrotechnical Commission 1061
17025:2005 standard, or any subsequent superseding standard, in 1062
that field of testing. 1063
(viii) The state licensing authority shall require 1064
a retail marijuana testing facility to be accredited by a body 1065
that is itself recognized by the International Laboratory 1066
Accreditation Cooperation in a category of testing pursuant to the 1067
International Organization for Standardization/International 1068
Electrotechnical Commission 17025:2005 standard, or a subsequent 1069
superseding standard, in order to receive certification or 1070
maintain certification; except that the state licensing authority 1071
may by rule establish conditions for providing extensions to a 1072
newly licensed retail marijuana testing facility for a period not 1073
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to exceed twelve (12) months or a retail marijuana testing 1074
facility for good cause as defined by rules promulgated by the 1075
state licensing authority, which must include, but may not be 1076
limited to, when an application for accreditation has been 1077
submitted and is pending with a recognized accrediting body. 1078
(ix) The state licensing authority shall 1079
promulgate rules that prevent redundant testing of marijuana and 1080
marijuana concentrate, including, but not limited to, potency 1081
testing of marijuana allocated to extractions, and residual 1082
solvent testing of marijuana concentrate when all inputs of the 1083
marijuana concentrate have passed residual solvent testing 1084
pursuant to this paragraph (d); 1085
(e) Security requirements for any premises licensed 1086
pursuant to this chapter, including, at a minimum, lighting, 1087
physical security, video, and alarm requirements, and other 1088
minimum procedures for internal control as deemed necessary by the 1089
state licensing authority to properly administer and enforce the 1090
provisions of this chapter, including reporting requirements for 1091
changes, alterations, or modifications to the premises; 1092
(f) Labeling requirements for regulated marijuana and 1093
regulated marijuana products sold by a retail marijuana business 1094
that include, but are not limited to: 1095
(i) Warning labels; 1096
(ii) Amount of THC per serving and the number of 1097
servings per package for regulated marijuana products; 1098
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(iii) A universal symbol indicating that the 1099
package contains marijuana; and 1100
(iv) Potency of the regulated marijuana and 1101
regulated marijuana products; 1102
(g) Health and safety regulations and standards for the 1103
manufacture of regulated marijuana products and the cultivation of 1104
regulated marijuana; 1105
(h) Regulation of the storage of, warehouses for, and 1106
transportation of regulated marijuana and regulated marijuana 1107
products; 1108
(i) Sanitary requirements for retail marijuana 1109
businesses, including, but not limited to, sanitary requirements 1110
for the preparation of regulated marijuana products; 1111
(j) The reporting and transmittal of monthly sales tax 1112
payments by retail marijuana stores and any applicable excise tax 1113
payments by retail marijuana cultivation facilities; 1114
(k) Authorization for the state licensing authority to 1115
have access to licensing information to ensure sales, excise, and 1116
income tax payment and the effective administration of this 1117
chapter; 1118
(l) Compliance with, enforcement of, or violation of 1119
any provision of this chapter, or any rule promulgated pursuant to 1120
this chapter, including procedures and grounds for denying, 1121
suspending, fining, restricting, or revoking a state license 1122
issued pursuant to this chapter; 1123
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(m) Establishing a schedule of penalties and procedures 1124
for issuing and appealing citations for violation of statutes and 1125
rules and issuing administrative citations; 1126
(n) Retail marijuana transporter licensed businesses, 1127
including requirements for drivers, including obtaining and 1128
maintaining a valid Mississippi driver's license; insurance 1129
requirements; acceptable time frames for transport, storage, and 1130
delivery; requirements for transport vehicles; requirements for 1131
deliveries; and requirements for licensed premises; 1132
(o) Retail marijuana business operator licensees, 1133
including the form and structure of allowable agreements between 1134
operators and the retail marijuana business; 1135
(p) Nonescorted visitors in limited access areas; 1136
(q) Temporary appointee registrations issued pursuant 1137
to Section 401(3), including occupational and business 1138
registration requirements; application time frames; notification 1139
requirements; issuance, expiration, renewal, suspension, and 1140
revocation of a temporary appointee registration; and conditions 1141
of registration; 1142
(r) Requirements for a centralized distribution permit 1143
for retail marijuana cultivation facilities issued pursuant to 1144
Section 502(6) or 602(7), including, but not limited to, permit 1145
application requirements and privileges and restrictions of a 1146
centralized distribution permit; 1147
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(s) Requirements for issuance of colocation permits to 1148
a marijuana research and development licensee authorizing 1149
colocation with a retail marijuana products manufacturer licensed 1150
premises, including application requirements, eligibility, 1151
restrictions to prevent cross-contamination and to ensure physical 1152
separation of inventory and research activities, and other 1153
privileges and restrictions of permits; 1154
(t) Development of individual identification cards for 1155
natural persons who are controlling beneficial owners, and any 1156
person operating, working in, or having unescorted access to the 1157
limited access areas of the licensed premises of a retail 1158
marijuana business including a fingerprint-based criminal history 1159
records check as may be required by the state licensing authority 1160
prior to issuing a card; 1161
(u) Identification of state licensees and their 1162
controlling beneficial owners, passive beneficial owners, 1163
managers, and employees; 1164
(v) The specification of acceptable forms of picture 1165
identification that a retail marijuana store may accept when 1166
verifying a sale, including, but not limited to, government-issued 1167
identification cards; 1168
(w) State licensing procedures, including procedures 1169
for renewals, reinstatements, initial licenses, and the payment of 1170
licensing fees; 1171
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(x) The conditions under which a licensee is authorized 1172
to transfer fibrous waste to a person for the purpose of producing 1173
only industrial fiber products. The conditions must include 1174
contract requirements that stipulate that the fibrous waste will 1175
only be used to produce industrial fiber products; record-keeping 1176
requirements; security measures related to the transport and 1177
transfer of fibrous waste; requirements for handling contaminated 1178
fibrous waste; and processes associated with handling fibrous 1179
waste. The rules must not require licensees to alter fibrous 1180
waste from its natural state prior to transfer; 1181
(y) Requiring that edible regulated marijuana products 1182
be clearly identifiable, when practicable, with a standard symbol 1183
indicating that they contain marijuana and are not for consumption 1184
by children. The symbols promulgated by rule of the state 1185
licensing authority must not appropriate signs or symbols 1186
associated with another Mississippi business or industry; 1187
(z) Requirements to prevent the sale or diversion of 1188
retail marijuana and retail marijuana products to persons under 1189
twenty-one (21) years of age; 1190
(aa) The implementation of an accelerator program 1191
including, but not limited to, rules to establish requirements for 1192
social equity licensees operating on the same licensed premises or 1193
on separate premises possessed by an accelerator-endorsed 1194
licensee. The state licensing authority's rules establishing an 1195
accelerator program may include requirements for severed 1196
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custodianship of regulated marijuana products, protections of the 1197
intellectual property of a social equity licensee, incentives for 1198
accelerator-endorsed licensees, and additional requirements if a 1199
person applying for an accelerator endorsement has less than two 1200
(2) years' experience operating a licensed facility pursuant to 1201
this chapter. An accelerator-endorsed licensee is not required to 1202
exercise the privileges of its license on the premises where a 1203
social equity licensee operates; 1204
(bb) Conditions under which a licensee is authorized to 1205
collect marijuana consumer waste and transfer it to a person for 1206
the purposes of reuse or recycling in accordance with all 1207
requirements established by the state licensing authority 1208
pertaining to waste disposal and recycling. The conditions must 1209
include: 1210
(i) That the person receiving marijuana consumer 1211
waste from a licensee is, to the extent required by law, 1212
registered with the state licensing authority; 1213
(ii) Record-keeping requirements; 1214
(iii) Security measures related to the collection 1215
and transfer of marijuana consumer waste; 1216
(iv) Health and safety requirements, including 1217
requirements for the handling of marijuana consumer waste; and 1218
(v) Processes associated with handling marijuana 1219
consumer waste, including destruction of any remaining regulated 1220
marijuana in the marijuana consumer waste; 1221
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(cc) Requirements for a transition permit for retail 1222
marijuana cultivation facilities issued pursuant to Section 1223
313(13)(c), including, but not limited to, permit application 1224
requirements and restrictions of a transition permit; 1225
(dd) Requirements for retail marijuana and retail 1226
marijuana products delivery as described in Section 501(13) and 1227
Section 505(5), including: 1228
(i) Training requirements for personnel of retail 1229
marijuana stores and retail marijuana transporters that hold a 1230
retail marijuana delivery permit who will deliver retail marijuana 1231
or retail marijuana products pursuant to this chapter and 1232
requirements that retail marijuana stores and retail marijuana 1233
transporters obtain a responsible vendor designation pursuant to 1234
Section 1001 prior to conducting a delivery; 1235
(ii) Security requirements; 1236
(iii) Delivery vehicle requirements, including 1237
requirements for surveillance; 1238
(iv) Record-keeping requirements; 1239
(v) Limits on the amount of retail marijuana and 1240
retail marijuana products that may be carried in a delivery 1241
vehicle and delivered to an individual, which cannot exceed limits 1242
placed on sales at retail marijuana stores; 1243
(vi) Health and safety requirements for retail 1244
marijuana and retail marijuana products delivered to an 1245
individual; 1246
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(vii) Confidentiality requirements to ensure that 1247
persons delivering retail marijuana and retail marijuana products 1248
pursuant to this chapter do not disclose personal identifying 1249
information to any person other than those who need that 1250
information in order to take, process, or deliver the order or as 1251
otherwise required or authorized by this chapter; 1252
(viii) An application fee and annual renewal fee 1253
for the retail marijuana delivery permit. The amount of the fee 1254
must reflect the expected costs of administering the retail 1255
marijuana delivery permit and may be adjusted by the state 1256
licensing authority to reflect the permit's actual direct and 1257
indirect costs; 1258
(ix) The permitted hours of delivery of retail 1259
marijuana and retail marijuana products; 1260
(x) Requirements for areas where retail marijuana 1261
and retail marijuana products orders are stored, weighed, 1262
packaged, prepared, and tagged, including requirements that retail 1263
marijuana and retail marijuana products cannot be placed into a 1264
delivery vehicle until after an order has been placed and that all 1265
delivery orders must be packaged on the licensed premises of a 1266
retail marijuana store or its associated state licensing 1267
authority-authorized storage facility as defined by rule after an 1268
order has been received; and 1269
(xi) Payment methods, including, but not limited 1270
to, the use of gift cards and prepayment accounts; 1271
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(ee) (i) 1. Ownership and financial disclosure 1272
procedures and requirements pursuant to this chapter; 1273
2. Records that a retail marijuana business 1274
is required to maintain regarding its controlling beneficial 1275
owners, passive beneficial owners, and indirect financial interest 1276
holders that may be subject to disclosure at renewal or as part of 1277
any other investigation following initial licensure of a retail 1278
marijuana business; 1279
3. Procedures and requirements for findings 1280
of suitability pursuant to this chapter, including fees necessary 1281
to cover the direct and indirect costs of any suitability 1282
investigation; 1283
4. Procedures and requirements concerning the 1284
divestiture of the beneficial ownership of a person found 1285
unsuitable by the state licensing authority; 1286
5. Procedures, processes, and requirements 1287
for transfers of ownership involving a publicly traded 1288
corporation, including, but not limited to, mergers with a 1289
publicly traded corporation, investment by a publicly traded 1290
corporation, and public offerings; 1291
6. Designation of persons that by virtue of 1292
common control constitute controlling beneficial owners; 1293
7. Modification of the percentage of owner's 1294
interests that may be held by a controlling beneficial owner and 1295
passive beneficial owner; 1296
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8. Designation of persons that qualify for an 1297
exemption from an otherwise required finding of suitability; and 1298
9. Designation of indirect financial interest 1299
holders and qualified institutional investors. 1300
(ii) Rules promulgated pursuant to this paragraph 1301
(ee) must not be any more restrictive than the requirements 1302
expressly established under this chapter; 1303
(ff) The implementation of marijuana hospitality and 1304
retail marijuana hospitality and sales business licenses, 1305
including, but not limited to: 1306
(i) General insurance liability requirements; 1307
(ii) A sales limit per transaction for retail 1308
marijuana and retail marijuana products that may be sold to a 1309
patron of a retail marijuana hospitality and sales business; 1310
except that the sales limit established by the state licensing 1311
authority must not be an amount less than one (1) gram of retail 1312
marijuana flower, one-quarter (1/4) of one (1) gram of retail 1313
marijuana concentrate, or a retail marijuana product containing 1314
not more than ten (10) milligrams of active THC; 1315
(iii) Restrictions on the type of any retail 1316
marijuana or retail marijuana product authorized to be sold, 1317
including that the marijuana or product be meant for consumption 1318
in the licensed premises of the business; 1319
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(iv) Prohibitions on activity that would require 1320
additional licensure on the licensed premises, including, but not 1321
limited to, sales, manufacturing, or cultivation activity; 1322
(v) Requirements for marijuana hospitality 1323
businesses and retail marijuana hospitality and sales businesses 1324
operating pursuant to Section 509 or 510 in a retail food 1325
business; and 1326
(vi) Requirements for marijuana hospitality 1327
businesses and retail marijuana hospitality and sales business 1328
licensees to destroy any unconsumed marijuana or marijuana 1329
products left behind by a patron; 1330
(gg) For marijuana hospitality businesses that are 1331
mobile, regulations including, but not limited to: 1332
(i) Registration of vehicles and proper 1333
designation of vehicles used as mobile licensed premises; 1334
(ii) Surveillance cameras inside the vehicles; 1335
(iii) Global positioning system tracking and route 1336
logging in an established route manifest system; 1337
(iv) Ensuring activity is not visible outside of 1338
the vehicle; and 1339
(v) Proper ventilation within the vehicle; 1340
(hh) The circumstances that constitute a significant 1341
physical or geographic hardship as used in Section 501(13); 1342
(ii) Requirements for retail marijuana concentrate to 1343
promote consumer health and awareness, which shall include a 1344
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recommended serving size, visual representation of one (1) 1345
recommended serving, and labeling requirements and may include a 1346
measuring device that may be used to measure one (1) recommended 1347
serving. 1348
(3) In promulgating rules pursuant to this section, the 1349
state licensing authority may seek the assistance of any other 1350
appropriate state agencies when necessary before promulgating 1351
rules on the following subjects: 1352
(a) Signage, marketing, and advertising, including, but 1353
not limited to, a prohibition on mass-market campaigns that have a 1354
high likelihood of reaching persons under twenty-one (21) years of 1355
age and other such rules that may include: 1356
(i) Allowing packaging and accessory branding; 1357
(ii) Prohibiting health or physical benefit claims 1358
in advertising, merchandising, and packaging; 1359
(iii) Prohibiting unsolicited pop-up advertising 1360
on the Internet; 1361
(iv) Prohibiting banner ads on mass-market 1362
websites; 1363
(v) Prohibiting opt-in marketing that does not 1364
permit an easy and permanent opt-out feature; 1365
(vi) Prohibiting marketing directed toward 1366
location-based devices, including, but not limited to, cellular 1367
phones, unless the marketing is a mobile device application 1368
installed on the device by the owner of the device who is 1369
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twenty-one (21) years of age or older and includes a permanent and 1370
easy opt-out feature; 1371
(vii) Prohibiting advertising and marketing by a 1372
retail marijuana business that is specifically directed at persons 1373
who are under twenty-one (21) years of age; and 1374
(viii) Requirements that any advertising or 1375
marketing specific to retail marijuana concentrate include a 1376
notice regarding the potential risks of retail marijuana 1377
concentrate overconsumption; 1378
(b) A prohibition on the sale of regulated marijuana 1379
and regulated marijuana products unless the product is: 1380
(i) Packaged in packaging meeting requirements 1381
established by the state licensing authority similar to the 1382
federal "Poison Prevention Packaging Act of 1970", 15 USC Section 1383
1471 et seq., as amended; and 1384
(ii) Placed in an opaque and resealable exit 1385
package or container meeting requirements established by the state 1386
licensing authority at the point of sale prior to exiting the 1387
store; 1388
(c) The safe and lawful transport of regulated 1389
marijuana and regulated marijuana products between the licensed 1390
business and testing laboratories; 1391
(d) A standardized marijuana serving size amount for 1392
edible retail marijuana products that does not contain more than 1393
ten (10) milligrams of active THC, designed only to provide 1394
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consumers with information about the total number of servings of 1395
active THC in a particular retail marijuana product, not as a 1396
limitation on the total amount of THC in any particular item; 1397
labeling requirements regarding servings for edible retail 1398
marijuana products; and limitations on the total amount of active 1399
THC in a sealed internal package that is no more than one hundred 1400
(100) milligrams of active THC; 1401
(e) Prohibition on or regulation of additives to any 1402
regulated marijuana product, including, but not limited to, those 1403
that are toxic, designed to make the product more addictive, 1404
designed to make the product more appealing to children, or 1405
misleading to consumers, but not including common baking and 1406
cooking items; 1407
(f) Permission for a local fire department to conduct 1408
an annual fire inspection of a retail marijuana cultivation 1409
facility; 1410
(g) A prohibition on the production and sale of edible 1411
regulated marijuana products that are in the distinct shape of a 1412
human, animal, or fruit. Geometric shapes and products that are 1413
simply fruit flavored are not considered fruit. Products in the 1414
shape of a marijuana leaf are permissible. Nothing in this 1415
paragraph (g) applies to a company logo; and 1416
(h) A requirement that every retail marijuana store 1417
post, at all times and in a prominent place, a warning that has a 1418
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minimum height of three (3) inches and a width of six (6) inches 1419
and that reads: 1420
"Warning: Using marijuana, in any form, while you are pregnant or 1421
breastfeeding passes THC to your baby and may be harmful to your 1422
baby. There is no known safe amount of marijuana use during 1423
pregnancy or breastfeeding." 1424
(4) Equivalency. Rules promulgated pursuant to Section 1425
202(1)(c) must also include establishing the equivalent of one (1) 1426
ounce of retail marijuana flower in various retail marijuana 1427
products, including retail marijuana concentrate. Prior to 1428
promulgating the rules required by this subsection (4), the state 1429
licensing authority may contract for a scientific study to 1430
determine the equivalency of marijuana flower in retail marijuana 1431
products, including retail marijuana concentrate. 1432
(5) Statewide class system cultivation facility rules - 1433
retail marijuana. (a) The state licensing authority shall create 1434
a statewide licensure class system for retail marijuana 1435
cultivation facility licenses. The classifications may be based 1436
upon square footage of the facility; lights, lumens, or wattage; 1437
lit canopy; the number of cultivating plants; other reasonable 1438
metrics; or any combination thereof. The state licensing 1439
authority shall create a fee structure for the licensure class 1440
system. 1441
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(b) The state licensing authority may establish 1442
limitations on retail marijuana production through one (1) or more 1443
of the following methods: 1444
(i) Placing or modifying a limit on the number of 1445
licenses that it issues, by class or overall, but in placing or 1446
modifying the limits, the authority shall consider the reasonable 1447
availability of new licenses after a limit is established or 1448
modified; 1449
(ii) Placing or modifying a limit on the amount of 1450
production permitted by a retail marijuana cultivation facility 1451
license or class of licenses based upon some reasonable metric or 1452
set of metrics including, but not limited to, those items detailed 1453
in paragraph (a) of this subsection, previous months' sales, 1454
pending sales, or other reasonable metrics as determined by the 1455
state licensing authority; and 1456
(iii) Placing or modifying a limit on the total 1457
amount of production by retail marijuana cultivation facility 1458
licensees in the state collectively, based upon some reasonable 1459
metric or set of metrics including, but not limited to, those 1460
items detailed in paragraph (a) of this subsection, as determined 1461
by the state licensing authority. 1462
(c) Notwithstanding anything contained in this chapter 1463
to the contrary, in considering any such limitations, the state 1464
licensing authority, in addition to any other relevant 1465
considerations, shall: 1466
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(i) Consider the total current and anticipated 1467
demand for retail marijuana and retail marijuana products in 1468
Mississippi; and 1469
(ii) Attempt to minimize the market for unlawful 1470
marijuana. 1471
(6) The state licensing authority may deny, suspend, revoke, 1472
fine, or impose other sanctions against a person's license issued 1473
pursuant to this chapter if the state licensing authority finds 1474
the person or the person's controlling beneficial owner, passive 1475
beneficial owner, or indirect financial interest holder failed to 1476
timely file any report, disclosure, registration statement, or 1477
other submission required by any state or federal regulatory 1478
authority that is related to the conduct of their business. 1479
(7) The state licensing authority shall treat a metered-dose 1480
inhaler the same as a vaporized delivery device for purposes of 1481
regulation and testing. 1482
(8) (a) The state licensing authority may, by rule, 1483
establish procedures for the conditional issuance of an employee 1484
license identification card at the time of application. 1485
(b) (i) The state licensing authority shall base its 1486
issuance of an employee license identification card pursuant to 1487
this subsection (8) on the results of an initial investigation 1488
that demonstrate the applicant is qualified to hold such license. 1489
The employee license application for which an employee license 1490
identification card was issued pursuant to this subsection (8) 1491
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remains subject to denial pending the complete results of the 1492
applicant's initial fingerprint-based criminal history record 1493
check. 1494
(ii) Results of a fingerprint-based criminal 1495
history record check that demonstrate that an applicant possessing 1496
an employee license identification card pursuant to this 1497
subsection (8) is not qualified to hold a license issued under 1498
this chapter are grounds for denial of the employee license 1499
application. If the employee license application is denied, the 1500
applicant shall return the employee license identification card to 1501
the state licensing authority within a time period that the state 1502
licensing authority establishes by rule. 1503
204. Confidentiality. (1) The state licensing authority 1504
shall maintain the confidentiality of: 1505
(a) Reports or other information obtained from a retail 1506
marijuana licensee or retail marijuana license applicant 1507
containing any individualized data, information, or records 1508
related to the applicant or licensee or its operation, including 1509
sales information, leases, business organization records, 1510
financial records, tax returns, credit reports, cultivation 1511
information, testing results, and security information and plans, 1512
or revealing any customer information, or any other records that 1513
are exempt from public inspection pursuant to state law. Such 1514
reports or other information may be used only for a purpose 1515
authorized by this chapter, for investigation or enforcement of 1516
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any international, federal, state, or local securities law or 1517
regulations, or for any other state or local law enforcement 1518
purpose; 1519
(b) Investigative records and documents related to 1520
ongoing investigations. Those records and documents may be used 1521
only for a purpose authorized by this chapter or for any other 1522
state or local law enforcement purpose; and 1523
(c) Computer systems maintained by the state licensing 1524
authority and the vendors with which the state licensing authority 1525
has contracted. 1526
(2) The state licensing authority shall make available for 1527
public inspection: 1528
(a) Documents related to final agency actions and 1529
orders; 1530
(b) Records related to testing on an aggregated and 1531
de-identified basis; 1532
(c) Demographic information related to applicants and 1533
licensees available on an aggregated and de-identified basis; and 1534
(d) Enforcement forms and compliance checklists. 1535
PART 3 1536
LICENSING PROCEDURES 1537
301. Local licensing authority - applications - licenses. 1538
(1) When the state licensing authority receives an application 1539
for original licensing or renewal of an existing license or permit 1540
for any retail marijuana business, the state licensing authority 1541
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shall provide, within seven (7) days, a copy of the application to 1542
the local jurisdiction in which the business is to be located 1543
unless the local jurisdiction has prohibited the operation of 1544
retail marijuana businesses pursuant to Section 1(6)(d) of this 1545
act. The local jurisdiction shall determine whether the 1546
application complies with local restrictions on time, place, 1547
manner, and the number of retail marijuana businesses. The local 1548
jurisdiction shall inform the state licensing authority whether 1549
the application complies with local restrictions on time, place, 1550
manner, and the number of retail marijuana businesses. 1551
(2) A local jurisdiction may impose a separate local 1552
licensing requirement for retail marijuana businesses as a part of 1553
its restrictions on time, place, manner, and the number of 1554
marijuana businesses. A local jurisdiction may decline to impose 1555
any local licensing requirements, but a local jurisdiction shall 1556
notify the state licensing authority that it either approves or 1557
denies each application forwarded to it. 1558
302. Public hearing notice - posting and publication. (1) 1559
If a local jurisdiction issues local licenses for a retail 1560
marijuana business, a local jurisdiction may schedule a public 1561
hearing on the application. If the local jurisdiction schedules a 1562
hearing, it shall post and publish public notice thereof not less 1563
than ten (10) days prior to the hearing. The local jurisdiction 1564
shall give public notice by posting a sign in a conspicuous place 1565
on the license applicant's premises for which a local license 1566
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application has been made and by publication in a newspaper of 1567
general circulation in the county in which the applicant's 1568
premises are located. 1569
(2) If a local jurisdiction does not issue local retail 1570
marijuana business licenses, the local jurisdiction may give 1571
public notice of the state license application by posting a sign 1572
in a conspicuous place on the state license applicant's premises 1573
for which a state license application has been made and by 1574
publication in a newspaper of general circulation in the county in 1575
which the applicant's premises are located. 1576
303. State licensing authority - application and issuance 1577
procedures. (1) Applications for a state retail marijuana 1578
business license under the provisions of this chapter must be made 1579
to the state licensing authority on forms prepared and furnished 1580
by the state licensing authority and must set forth such 1581
information as the state licensing authority may require to enable 1582
the state licensing authority to determine whether a retail 1583
marijuana business license should be granted. The information 1584
must include the name and address of the applicant, disclosures 1585
required by Section 307, and all other information deemed 1586
necessary by the state licensing authority. Each application must 1587
be verified by the oath or affirmation of such person or persons 1588
as the state licensing authority may prescribe. 1589
(2) The state licensing authority may issue a state license 1590
to an applicant pursuant to this section for a retail marijuana 1591
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business upon completion of the applicable criminal history 1592
records check associated with the application, and the state 1593
license is conditioned upon local jurisdiction approval. A 1594
license applicant is prohibited from operating a licensed retail 1595
marijuana business without state and local jurisdiction approval. 1596
If the applicant does not receive local jurisdiction approval 1597
within one (1) year from the date of state licensing authority 1598
approval, the state license expires and may not be renewed. If an 1599
application is denied by the local licensing authority, the state 1600
licensing authority shall revoke the state-issued license. 1601
(3) Nothing in this chapter preempts or otherwise impairs 1602
the power of a local government to enact ordinances concerning 1603
matters authorized to local governments. 1604
(4) Prior to accepting an application for a license, 1605
registration, or permit, the state licensing authority shall 1606
inform the applicant that having a retail marijuana license and 1607
working in the retail marijuana industry may have adverse federal 1608
immigration consequences. 1609
304. Denial of application. (1) The state licensing 1610
authority shall deny a state license if the premises on which the 1611
applicant proposes to conduct its business does not meet the 1612
requirements of this chapter or for reasons set forth in Section 1613
103(17)(c) or 305, and the state licensing authority may refuse or 1614
deny a license, renewal, reinstatement, or initial license for 1615
good cause as defined by Section 103(17)(a) or (17)(b). 1616
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(2) If the state licensing authority denies a state license 1617
pursuant to subsection (1) of this section, the applicant is 1618
entitled to a hearing and judicial review. The state licensing 1619
authority shall provide written notice of the grounds for denial 1620
of the state license to the applicant and to the local licensing 1621
authority at least fifteen (15) days prior to the hearing. 1622
305. Persons prohibited as licensees - definition. (1) A 1623
license provided by this chapter shall not be issued to or held 1624
by: 1625
(a) A person until the fee therefore has been paid; 1626
(b) An individual whose criminal history indicates that 1627
he or she is not of good moral character; 1628
(c) A person other than an individual if the criminal 1629
history of any of its controlling beneficial owners indicates that 1630
a controlling beneficial owner is not of good moral character; 1631
(d) A person under twenty-one (21) years of age; 1632
(e) A person licensed pursuant to this chapter who, 1633
during a period of licensure, or who, at the time of application, 1634
has failed to: 1635
(i) File any tax return with a taxing agency 1636
related to a retail marijuana business; or 1637
(ii) Pay any taxes, interest, or penalties due as 1638
determined by final agency action related to a retail marijuana 1639
business; 1640
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(f) A person who fails to meet qualifications for 1641
licensure that directly and demonstrably relate to the operation 1642
of a retail marijuana business; 1643
(g) (i) A person who was convicted of a felony in the 1644
three (3) years immediately preceding his or her application date 1645
or who is currently subject to a sentence for a felony conviction; 1646
except that, for a person applying to be a social equity licensee, 1647
a marijuana conviction shall not be the sole basis for license 1648
denial; or 1649
(ii) A person who is currently subject to a 1650
deferred judgment or sentence for a felony; 1651
(h) A person who employs another person at a retail 1652
marijuana business who has not submitted fingerprints for a 1653
criminal history records check or whose criminal history records 1654
check reveals that the person is ineligible; 1655
(i) A sheriff, deputy sheriff, police officer, or 1656
prosecuting officer, or an officer or employee of the state 1657
licensing authority or a local licensing authority; 1658
(j) A person applying for a license for a location that 1659
is currently licensed as a retail food establishment; 1660
(k) A publicly traded entity that does not constitute a 1661
publicly traded corporation as defined in this chapter; 1662
(l) A person that is or has a controlling beneficial 1663
owner, passive beneficial owner, or indirect financial interest 1664
holder that is organized or formed under the laws of a country 1665
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determined by the United States Secretary of State to have 1666
repeatedly provided support for acts of international terrorism or 1667
is included among the list of "covered countries" in Section 1502 1668
of the federal "Dodd-Frank Wall Street Reform and Consumer 1669
Protection Act", Public Law 111-203; 1670
(m) A person that is or has a controlling beneficial 1671
owner that is disqualified as a "bad actor" pursuant to 17 CFR 1672
Section 230.506(d)(1); 1673
(n) A person that is not a publicly traded corporation 1674
that is or has a passive beneficial owner or indirect financial 1675
interest holder that is disqualified as a "bad actor" pursuant to 1676
17 CFR Section 230.506(d)(1); 1677
(o) A person that is a publicly traded corporation that 1678
is or has a nonobjecting passive beneficial owner or indirect 1679
financial interest holder that is disqualified as a "bad actor" 1680
pursuant to 17 CFR Section 230.506(d)(1); or 1681
(p) A person that is or has a controlling beneficial 1682
owner, passive beneficial owner, or indirect financial interest 1683
holder that is prohibited from engaging in transactions pursuant 1684
to this chapter due to its designation on the "Specially 1685
Designated Nationals and Blocked Persons" list maintained by the 1686
federal Office of Foreign Assets Control. 1687
(2) The state licensing authority may deny or revoke a 1688
license if the applicant or licensee's criminal character or 1689
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criminal record poses a threat to the regulation or control of 1690
marijuana. 1691
(3) (a) In investigating the qualifications of an applicant 1692
or a licensee, the state and local licensing authorities may have 1693
access to criminal history records information furnished by a 1694
criminal justice agency subject to any restrictions imposed by 1695
such agency. If the state or local licensing authority considers 1696
the applicant's criminal history record, the state or local 1697
licensing authority shall also consider any information provided 1698
by the applicant regarding such criminal history record, 1699
including, but not limited to, evidence of rehabilitation, 1700
character references, and educational achievements, especially 1701
those items pertaining to the period of time between the 1702
applicant's last criminal conviction and the consideration of the 1703
application for a state license. 1704
(b) As used in paragraph (a) of this subsection, 1705
"criminal justice agency" means any federal, state, or municipal 1706
court or any governmental agency or subunit of such agency that 1707
administers criminal justice pursuant to a statute or executive 1708
order and that allocates a substantial part of its annual budget 1709
to the administration of criminal justice. 1710
(c) At the time of filing an application for issuance 1711
or renewal of a state retail marijuana business license, an 1712
applicant shall submit a set of his or her fingerprints and file 1713
personal history information concerning the applicant's 1714
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qualifications for a state license on forms prepared by the state 1715
licensing authority. The state or local licensing authority or 1716
local jurisdiction shall submit the fingerprints to the Department 1717
of Public Safety for the purpose of conducting fingerprint-based 1718
criminal history records checks. The Department of Public Safety 1719
shall forward the fingerprints to the Federal Bureau of 1720
Investigation for the purpose of conducting fingerprint-based 1721
criminal history records checks. The state or local licensing 1722
authority or local jurisdiction may acquire a name-based criminal 1723
history records check for an applicant or a license holder who has 1724
twice submitted to a fingerprint-based criminal history records 1725
check and whose fingerprints are unclassifiable. An applicant who 1726
has previously submitted fingerprints for state or local licensing 1727
purposes may request that the fingerprints on file be used. The 1728
state or local licensing authority or local jurisdiction shall use 1729
the information resulting from the fingerprint-based criminal 1730
history records check to investigate and determine whether an 1731
applicant is qualified to hold a state or local license pursuant 1732
to this chapter. The state or local licensing authority or local 1733
jurisdiction may verify any of the information an applicant is 1734
required to submit. 1735
306. Business and owner requirements - legislative 1736
declaration - definition. (1) (a) The Legislature finds and 1737
declares that: 1738
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(i) Retail marijuana businesses need to be able to 1739
access capital in order to effectively grow their businesses and 1740
remain competitive in the marketplace; 1741
(ii) The current regulatory structure for 1742
regulated marijuana and regulated marijuana products creates a 1743
substantial barrier to investment from out-of-state interests and 1744
publicly traded corporations; 1745
(iii) There is insufficient capital in the state 1746
to properly fund the capital needs of Mississippi retail marijuana 1747
businesses; 1748
(iv) Mississippi retail marijuana businesses need 1749
to have ready access to capital from investors from outside of 1750
Mississippi; 1751
(v) Providing access to legitimate sources of 1752
capital helps prevent the opportunity for those who engage in 1753
illegal activity to gain entry into the state's regulated retail 1754
marijuana market; 1755
(vi) Publicly traded corporations offering 1756
securities for investment in retail marijuana businesses must tell 1757
the public the truth about their business, the securities they are 1758
selling, and the risks involved with investing in retail marijuana 1759
businesses, and persons that sell and trade securities related to 1760
retail marijuana businesses are prohibited from engaging in 1761
deceit, misrepresentations, and other fraud in the sale of the 1762
securities; and 1763
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(vii) Recognizing that participation by publicly 1764
traded corporations in Mississippi's retail marijuana industry 1765
creates an increased need to assess barriers of entry for 1766
minority- and woman-owned businesses, with such efforts being made 1767
to identify solutions to arrive at a greater balance and for 1768
further equity for minority- and woman-owned businesses, and in a 1769
manner that is consistent with the public safety and enforcement 1770
goals as stated in this subsection (1), it is therefore of 1771
substantive importance to address the lack of minority- and 1772
woman-owned businesses' inclusion in Mississippi's retail 1773
marijuana industry, social justice issues associated with 1774
marijuana prohibition, suitability issues relating to past 1775
convictions for potential licensees, licensing fees, and economic 1776
challenges that arise with the application processes. 1777
(b) Therefore, the Legislature is providing a mechanism 1778
for Mississippi retail marijuana businesses to access capital from 1779
investors in other states and from certain publicly traded 1780
corporations pursuant to this chapter. 1781
(2) (a) All natural persons with day-to-day operational 1782
control over the business must be Mississippi residents. 1783
(b) A person, other than an individual, that is a 1784
retail marijuana business or a controlling beneficial owner shall 1785
appoint and continuously maintain a registered agent. The retail 1786
marijuana business shall inform the state licensing authority of a 1787
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change in the registered agent within ten (10) days after the 1788
change. 1789
(3) A person who qualifies as a social equity licensee may 1790
apply for any regulated marijuana business license or permit, 1791
including, but not limited to, accelerator store, accelerator 1792
cultivator, and accelerator manufacturer licenses, issued pursuant 1793
to this chapter. A person qualifies as a social equity licensee 1794
if such person meets the following criteria, in addition to any 1795
criteria established by rule of the state licensing authority: 1796
(a) Is a Mississippi resident; 1797
(b) Has not been the beneficial owner of a license 1798
subject to disciplinary or legal action from the state resulting 1799
in the revocation of a license issued pursuant to this chapter; 1800
(c) Has demonstrated at least one (1) of the following: 1801
(i) The applicant has resided for at least fifteen 1802
(15) years between the years 2004 and 2026 in a census tract 1803
designated by the Mississippi Development Authority as an 1804
opportunity zone or designated as a disproportionate impacted area 1805
as defined by rule pursuant to Section 203(1)(j); 1806
(ii) The applicant or the applicant's parent, 1807
legal guardian, sibling, spouse, child, or minor in their 1808
guardianship was arrested for a marijuana offense, convicted of a 1809
marijuana offense, or was subject to civil asset forfeiture 1810
related to a marijuana investigation; or 1811
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(iii) The applicant's household income in the year 1812
prior to application did not exceed an amount determined by rule 1813
of the state licensing authority; and 1814
(d) The social equity licensee, or collectively one (1) 1815
or more social equity licensees, holds at least fifty-one percent 1816
(51%) of the beneficial ownership of the regulated marijuana 1817
business license. 1818
(5) A person who meets the criteria in this section for a 1819
social equity licensee, pursuant to rule and agency discretion, 1820
may be eligible for incentives available through the Mississippi 1821
Development Authority, including but not limited to a reduction in 1822
application or license fees. 1823
307. Business owner and financial interest disclosure 1824
requirements. (1) Applicants for the issuance of a state license 1825
shall disclose to the state licensing authority the following: 1826
(a) A complete and accurate organizational chart of the 1827
retail marijuana business reflecting the identity and ownership 1828
percentages of its controlling beneficial owners; 1829
(b) The following information regarding all controlling 1830
beneficial owners of the retail marijuana business: 1831
(i) If the controlling beneficial owner is a 1832
publicly traded corporation, the applicant shall disclose the 1833
controlling beneficial owners' managers and any beneficial owners 1834
that directly or indirectly beneficially own ten percent (10%) or 1835
more of the owner's interest in the controlling beneficial owner. 1836
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(ii) If the controlling beneficial owner is not a 1837
publicly traded corporation and is not a qualified private fund, 1838
the applicant shall disclose the controlling beneficial owner's 1839
managers and any beneficial owners that directly or indirectly 1840
beneficially own ten percent (10%) or more of the owner's interest 1841
in the controlling beneficial owner. 1842
(iii) If the controlling beneficial owner is a 1843
qualified private fund, the applicant shall disclose a complete 1844
and accurate organizational chart of the qualified private fund 1845
reflecting the identity and ownership percentages of the qualified 1846
private fund's managers, investment advisers, investment adviser 1847
representatives, any trustee or equivalent, and any other person 1848
that controls the investment in, or management or operations of, 1849
the retail marijuana business. 1850
(iv) If the controlling beneficial owner is a 1851
natural person, the applicant shall disclose the natural person's 1852
identifying information; 1853
(c) A person that is both a passive beneficial owner 1854
and an indirect financial interest holder in the retail marijuana 1855
business; and 1856
(d) Any indirect financial interest holder that holds 1857
two (2) or more indirect financial interests in the retail 1858
marijuana business or that is contributing over fifty percent 1859
(50%) of the operating capital of the retail marijuana business. 1860
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(2) The state licensing authority may request that the 1861
retail marijuana business disclose the following: 1862
(a) Each beneficial owner and affiliate of an applicant 1863
or retail marijuana business, or controlling beneficial owner that 1864
is not a publicly traded corporation or a qualified private fund; 1865
and 1866
(b) Each affiliate of a controlling beneficial owner 1867
that is a qualified private fund. 1868
(3) For reasonable cause, the state licensing authority may 1869
require disclosure of: 1870
(a) A complete and accurate list of each nonobjecting 1871
beneficial interest owner of a retail marijuana business, or 1872
controlling beneficial owner that is a publicly traded 1873
corporation; 1874
(b) Passive beneficial owners of the retail marijuana 1875
business, and for any passive beneficial owner that is not a 1876
natural person, the members of the board of directors, general 1877
partners, managing members, or managers and ten percent (10%) or 1878
more owners of the passive beneficial owner; 1879
(c) A list of each beneficial owner in a qualified 1880
private fund that is a controlling beneficial owner; 1881
(d) All indirect financial interest holders of the 1882
retail marijuana business, and for any indirect financial interest 1883
holder that is not a natural person and ten percent (10%) or more 1884
beneficial owners of the indirect financial interest holder. 1885
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(4) An applicant or retail marijuana business that is not a 1886
publicly traded corporation shall affirm under penalty of perjury 1887
that it exercised reasonable care to confirm that its passive 1888
beneficial owners, indirect financial interest holders, and 1889
qualified institutional investors are not persons prohibited 1890
pursuant to Section 305, or otherwise restricted from holding an 1891
interest under this chapter. An applicant's or retail marijuana 1892
business's failure to exercise reasonable care is a basis for 1893
denial, fine, suspension, revocation, or other sanction by the 1894
state licensing authority. 1895
(5) An applicant or retail marijuana business that is a 1896
publicly traded corporation shall affirm under penalty of perjury 1897
that it exercised reasonable care to confirm that its nonobjecting 1898
passive beneficial owners, indirect financial interest holders, 1899
and qualified institutional investors are not persons prohibited 1900
pursuant to Section 305, or otherwise restricted from holding an 1901
interest under this chapter. An applicant's or retail marijuana 1902
business's failure to exercise reasonable care is a basis for 1903
denial, fine, suspension, revocation, or other sanction by the 1904
state licensing authority. 1905
(6) This section does not restrict the state licensing 1906
authority's ability to reasonably request information or records 1907
at renewal or as part of any other investigation following initial 1908
licensure of a retail marijuana business. 1909
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(7) The Secretary of State may, by rule or order, require 1910
additional disclosures if such information is full and fair with 1911
respect to the investment or in the interest of investor 1912
protection. 1913
308. Business owner and financial interest suitability 1914
requirements. (1) This section applies to all persons required 1915
to submit a finding of suitability. 1916
(2) Any person intending to become a controlling beneficial 1917
owner of any retail marijuana business, except as otherwise 1918
provided in Section 310(4), shall first submit a request to the 1919
state licensing authority for a finding of suitability or an 1920
exemption from an otherwise required finding of suitability. 1921
(3) For reasonable cause, any other person that was 1922
disclosed or that should have been disclosed pursuant to Section 1923
307, including but not limited to a passive beneficial owner, 1924
shall submit a request for a finding of suitability. 1925
(4) Failure to provide all requested information in 1926
connection with a request for a finding of suitability is grounds 1927
for denial of that finding of suitability. 1928
(5) Failure to receive all required findings of suitability 1929
is grounds for denial of an application or for suspension, 1930
revocation, or other sanction against the license by the state 1931
licensing authority. For initial applications, the finding of 1932
suitability shall be required prior to submitting the application 1933
for licensure. 1934
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(6) Any person required to obtain a finding of suitability 1935
shall do so on forms provided by the state licensing authority, 1936
and the forms must contain such information as the state licensing 1937
authority may require. Each suitability application must be 1938
verified by the oath or affirmation of the persons prescribed by 1939
the state licensing authority. 1940
(7) A person requesting a finding of suitability shall 1941
provide the state licensing authority with a deposit to cover the 1942
direct and indirect costs of any investigation necessary to 1943
determine any required finding of suitability unless otherwise 1944
established by rule. The state licensing authority may make 1945
further rules regarding the deposit and direct and indirect costs 1946
that must be billed against the deposit, unless otherwise 1947
established by rule. 1948
(8) When determining whether a person is suitable or 1949
unsuitable for licensure, the state licensing authority may 1950
consider the person's criminal character or record, licensing 1951
character or record, or financial character or record. 1952
(9) A person that would otherwise be required to obtain a 1953
finding of suitability may request an exemption from the state 1954
licensing authority as determined by rule. 1955
(10) Absent reasonable cause, the state licensing authority 1956
shall approve or deny a request for a finding of suitability 1957
within one hundred twenty (120) days from the date of submission 1958
of the request for such finding. 1959
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(11) The state licensing authority may deny, suspend, 1960
revoke, fine, or impose other sanctions against a person's license 1961
issued pursuant to this chapter if the state licensing authority 1962
finds the person or the person's controlling beneficial owner, 1963
passive beneficial owner, or indirect financial interest holder to 1964
be unsuitable pursuant to this section. 1965
309. Restrictions for applications for new licenses. The 1966
state licensing authority shall not approve an application for the 1967
issuance of a state retail marijuana business license pursuant to 1968
this chapter until it is established that the applicant is, or 1969
will be, entitled to possession of the premises for which 1970
application is made under a lease, rental agreement, or other 1971
arrangement for possession of the premises or by virtue of 1972
ownership of the premises. 1973
310. Transfer of ownership. (1) A state or local license 1974
granted under the provisions of this chapter is not transferable 1975
except as provided in this section, but this section does not 1976
prevent a change of location as provided in Section 313(13). 1977
(2) For a transfer of ownership involving a controlling 1978
beneficial owner, a license holder shall apply to the state and 1979
local licensing authorities on forms prepared and furnished by the 1980
state licensing authority. In determining whether to permit a 1981
transfer of ownership, the state and local licensing authorities 1982
shall consider only the requirements of this chapter, any rules 1983
promulgated by the state licensing authority, and any other local 1984
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restrictions. The local licensing authority or local jurisdiction 1985
may hold a hearing on the application for transfer of ownership. 1986
The local licensing authority or local jurisdiction shall not hold 1987
a hearing pursuant to this subsection (2) until the local 1988
licensing authority or local jurisdiction has posted a notice of 1989
hearing in the manner described in Section 302 on the licensed 1990
premises for a period of ten (10) days and has provided notice of 1991
the hearing to the applicant at least ten (10) days prior to the 1992
hearing. Any transfer of ownership hearing by the state licensing 1993
authority must be held in compliance with the requirements 1994
specified in Section 302. 1995
(3) For a transfer of ownership involving a passive 1996
beneficial owner, the license holder shall notify the state 1997
licensing authority on forms prepared and furnished by the state 1998
licensing authority within forty-five (45) days to the extent 1999
disclosure is required by Section 307. 2000
(4) A person that becomes a controlling beneficial owner of 2001
a publicly traded corporation that is a retail marijuana business 2002
or that becomes a beneficial owner, through direct or indirect 2003
ownership of a controlling beneficial owner, of ten percent (10%) 2004
or more of a retail marijuana business that is a publicly traded 2005
corporation must disclose the information required by Section 307 2006
and apply to the state licensing authority for a finding of 2007
suitability or exemption from a finding of suitability pursuant to 2008
Section 308 within forty-five (45) days after becoming such a 2009
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controlling beneficial owner. A retail marijuana business shall 2010
notify each person that is subject to this subsection (4) of its 2011
requirements as soon as the retail marijuana business becomes 2012
aware of the beneficial ownership triggering the requirement, 2013
provided that the obligations of the person subject to this 2014
subsection (4) are independent of, and unaffected by, the retail 2015
marijuana business's failure to give the notice. 2016
311. Licensing in general. (1) Local jurisdictions are 2017
authorized to adopt and enforce regulations for retail marijuana 2018
businesses that are at least as restrictive as the provisions of 2019
this chapter and any rule promulgated pursuant to this chapter. 2020
(2) A retail marijuana business may not operate until it is 2021
licensed by the state licensing authority pursuant to this chapter 2022
and approved by the local jurisdiction. If an application is 2023
denied by the local licensing authority, the state licensing 2024
authority shall revoke the state-issued license. In connection 2025
with a license, the applicant shall provide a complete and 2026
accurate application as required by the state licensing authority. 2027
(3) A retail marijuana business that is not a publicly 2028
traded corporation shall notify the state licensing authority in 2029
writing of the name, address, and date of birth of a controlling 2030
beneficial owner, passive beneficial owner, or manager before the 2031
new controlling beneficial owner, passive beneficial owner, or 2032
manager begins managing or associating with the operation. Any 2033
controlling beneficial owner, passive beneficial owner, manager, 2034
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or employee must pass a fingerprint-based criminal history record 2035
check as required by the state licensing authority and obtain the 2036
required identification prior to being associated with, managing, 2037
owning, or working at the operation. 2038
(4) A retail marijuana business shall not acquire, possess, 2039
cultivate, deliver, transfer, transport, supply, or dispense 2040
marijuana for any purpose except as authorized by Section 1 of 2041
this act and this chapter. 2042
(5) (a) All employee licenses granted pursuant to this 2043
chapter are valid for a period not to exceed two (2) years after 2044
the date of issuance unless revoked or suspended pursuant to this 2045
chapter or the rules promulgated pursuant to this chapter. 2046
(b) All regulated marijuana business licenses and 2047
licenses granted to a controlling beneficial owner pursuant to 2048
this chapter are valid for a period of one (1) year after the date 2049
of issuance unless revoked or suspended pursuant to this chapter 2050
or the rules promulgated pursuant to this chapter. 2051
(6) Before granting a local or state license, the respective 2052
licensing authority may consider, except where this chapter 2053
specifically provides otherwise, the requirements of this chapter 2054
and any rules promulgated pursuant to this chapter, and all other 2055
reasonable restrictions that are or may be placed upon the 2056
licensee by the licensing authority. 2057
(7) (a) Each license issued under this chapter is separate 2058
and distinct. It is unlawful for a person to exercise any of the 2059
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privileges granted under a license other than the license that the 2060
person holds or for a licensee to allow any other person to 2061
exercise the privileges granted under the licensee's license. A 2062
separate license is required for each specific business or 2063
business entity and each geographical location. 2064
(b) At all times, a licensee shall possess and maintain 2065
possession of the premises for which the license is issued by 2066
ownership, lease, rental, or other arrangement for possession of 2067
the premises. 2068
(8) (a) The licenses provided pursuant to this chapter must 2069
specify the date of issuance, the period of licensure, the name of 2070
the licensee, and the premises licensed. The licensee shall 2071
conspicuously place the license at all times on the licensed 2072
premises. 2073
(b) The state licensing authority shall not transfer 2074
location of or renew a state license until the applicant provides 2075
verification that a license was issued and granted by the local 2076
licensing authority for the previous license term. 2077
(9) In computing any period of time prescribed by this 2078
chapter, the day of the act, event, or default from which the 2079
designated period of time begins to run is not included. 2080
Saturdays, Sundays, and legal holidays are counted as any other 2081
day. 2082
(10) Except for a publicly traded corporation, a retail 2083
marijuana business licensee shall report each transfer or change 2084
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of financial interest in the license to the state and local 2085
licensing authorities and receive approval prior to any transfer 2086
or change pursuant to Section 310. Except for a publicly traded 2087
corporation, a report is required for transfers of an owner's 2088
interest of any entity regardless of size. 2089
(11) Each licensee shall manage the licensed premises 2090
himself or herself or employ a separate and distinct manager on 2091
the premises and shall report the name of the manager to the state 2092
and local licensing authorities. The licensee shall report any 2093
change in manager to the state and local licensing authorities 2094
prior to the change pursuant to subsection (3) of this section. 2095
(12) (a) A licensee may move the permanent location to any 2096
other place in Mississippi once permission to do so is granted by 2097
the state and local licensing authorities or local jurisdiction 2098
provided for in this chapter. Upon receipt of an application for 2099
change of location, the state licensing authority shall, within 2100
seven (7) days, submit a copy of the application to the local 2101
licensing authority or local jurisdiction to determine whether the 2102
transfer complies with all local restrictions on change of 2103
location. 2104
(b) In permitting a change of location, the state and 2105
local licensing authorities or local jurisdiction shall consider 2106
all reasonable restrictions that are or may be placed upon the new 2107
location by the governing board or local licensing authority of 2108
the municipality, county, or municipality and county, and any such 2109
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change in location must be in accordance with all requirements of 2110
this chapter and rules promulgated pursuant to this chapter. 2111
(c) (i) A retail marijuana cultivation facility that 2112
has obtained an approved change of location from the state 2113
licensing authority may operate one license at two (2) 2114
geographical locations for the purpose of transitioning operations 2115
from one location to another if: 2116
1. The total plants cultivated at both 2117
locations do not exceed any plant count limit imposed on the 2118
license by this chapter and any rules promulgated by the state 2119
licensing authority; 2120
2. The licensed premises of both geographical 2121
locations comply with all surveillance, security, and inventory 2122
tracking requirements imposed by this chapter and any rules 2123
promulgated by the state licensing authority; 2124
3. Both the transferring location and the 2125
receiving location track all plants virtually in transition in the 2126
seed-to-sale tracking system to ensure proper tracking for 2127
taxation and tracking purposes; 2128
4. Operation at both geographical locations 2129
does not exceed one hundred eighty (180) days, unless for good 2130
cause shown, the one-hundred-eighty-day deadline may be extended 2131
for an additional one hundred twenty (120) days; and 2132
5. The retail marijuana cultivation facility 2133
licensee obtains the proper state permit and local permit or 2134
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license. If the change of location is within the same local 2135
jurisdiction, the licensee must first obtain a transition permit 2136
from the state licensing authority and, if required by the local 2137
jurisdiction, a transition permit or other form of approval from 2138
the local licensing authority or local jurisdiction. If the 2139
change of location is to a different local jurisdiction, the 2140
licensee must first obtain a license from the local licensing 2141
authority or local jurisdiction where it intends to locate, a 2142
transition permit from the state licensing authority, and, if 2143
required by the local jurisdiction, a transition permit or other 2144
form of approval from the local licensing authority or local 2145
jurisdiction for the local jurisdiction where it intends to 2146
locate. 2147
(ii) Conduct at either location may be the basis 2148
for fine, suspension, revocation, or other sanction against the 2149
license. 2150
312. License renewal. (1) Ninety (90) days prior to the 2151
expiration date of an existing retail marijuana business license, 2152
the state licensing authority shall notify the licensee of the 2153
expiration date by first-class mail at the licensee's address of 2154
record with the state licensing authority. A licensee must apply 2155
for the renewal of an existing license to the local licensing 2156
authority within the time frame required by local ordinance or 2157
regulation and to the state licensing authority prior to the 2158
expiration of the license. The licensee shall provide the state 2159
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licensing authority with information establishing that the 2160
application complies with all local requirements for the renewal 2161
of a license. If a licensee submits a timely and sufficient 2162
renewal application, the licensee may continue to operate until 2163
the application is finally acted upon by the state licensing 2164
authority. The local licensing authority may refuse to renew any 2165
license for good cause, subject to judicial review. 2166
(2) The state licensing authority may require an additional 2167
fingerprint request when there is a demonstrated investigative 2168
need. 2169
313. Inactive licenses. The state or local licensing 2170
authority, in its discretion, may revoke or elect not to renew any 2171
license if it determines that the licensed premises have been 2172
inactive, without good cause, for at least one (1) year. 2173
314. Unlawful financial assistance. (1) The state 2174
licensing authority, by rule, shall require a complete disclosure 2175
pursuant to Section 307 in connection with each license issued 2176
under this chapter. 2177
(2) This section is intended to prohibit and prevent the 2178
control of the outlets for the sale of regulated marijuana and 2179
regulated marijuana products by a person or party other than the 2180
persons licensed pursuant to the provisions of this chapter. 2181
ARTICLE 4 2182
LICENSE TYPES 2183
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401. Classes of licenses. (1) For the purpose of 2184
regulating the cultivation, manufacture, distribution, 2185
hospitality, and sale of regulated marijuana and regulated 2186
marijuana products, the state licensing authority in its 2187
discretion, upon application in the prescribed form made to it, 2188
may issue and grant to the applicant a license from any of the 2189
classes listed in subsections (2) and (3) of this section, subject 2190
to the provisions and restrictions provided by this chapter. 2191
(2) The following are retail marijuana licenses: 2192
(a) Retail marijuana store license; 2193
(b) Retail marijuana cultivation facility license; 2194
(c) Retail marijuana products manufacturer license; 2195
(d) Retail marijuana testing facility license; 2196
(e) Retail marijuana transporter license; 2197
(f) Retail marijuana business operator license; 2198
(g) Accelerator cultivator license; 2199
(h) Accelerator manufacturer license; 2200
(i) Marijuana hospitality business license; 2201
(j) Retail marijuana hospitality and sales business 2202
license; and 2203
(k) Accelerator store license. 2204
(3) The following are regulated marijuana licenses or 2205
registrations: Occupational licenses and registrations for 2206
owners, managers, operators, employees, contractors, and other 2207
support staff employed by, working in, or having access to 2208
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restricted areas of the licensed premises, as determined by the 2209
state licensing authority. The state licensing authority may take 2210
any action with respect to a registration or permit pursuant to 2211
this chapter as it may with respect to a license pursuant to this 2212
chapter, in accordance with the procedures established pursuant to 2213
this chapter. 2214
(4) All persons licensed pursuant to this chapter shall 2215
collect sales tax on all sales made pursuant to the licensing 2216
activities. 2217
(5) A state chartered bank or a credit union may loan money 2218
to any person licensed pursuant to this chapter for the operation 2219
of a licensed retail marijuana business. 2220
(6) For a person applying to be a social equity licensee, 2221
the state licensing authority shall not deny an application on the 2222
sole basis of the prior marijuana conviction of the applicant and 2223
at its discretion may waive other requirements. 2224
ARTICLE 5 2225
RETAIL MARIJUANA LICENSE TYPES 2226
501. Retail marijuana store license - rules - definitions. 2227
(1) (a) A retail marijuana store license may be issued only to a 2228
person selling retail marijuana or retail marijuana products 2229
pursuant to the terms and conditions of this chapter. 2230
(b) A retail marijuana store may cultivate its own 2231
retail marijuana if it obtains a retail marijuana cultivation 2232
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facility license, or it may purchase retail marijuana from a 2233
licensed retail marijuana cultivation facility. 2234
(c) A retail marijuana store shall not accept any 2235
retail marijuana purchased from a retail marijuana cultivation 2236
facility unless the retail marijuana store is provided with 2237
evidence that any applicable excise tax due was paid. 2238
(d) The retail marijuana store shall track all of its 2239
retail marijuana and retail marijuana products from the point that 2240
they are transferred from a retail marijuana cultivation facility 2241
or retail marijuana products manufacturer to the point of sale. 2242
(2) (a) Notwithstanding the provisions of this section, a 2243
retail marijuana store licensee may also sell retail marijuana 2244
products that are prepackaged and labeled as required by rules of 2245
the state licensing authority pursuant to Section 203(2)(f) and 2246
(3)(b). 2247
(b) A retail marijuana store licensee may transact with 2248
a retail marijuana products manufacturer licensee for the purchase 2249
of retail marijuana products upon a retail marijuana products 2250
manufacturer licensee's licensed premises or a retail marijuana 2251
store's licensed premises. 2252
(c) A retail marijuana store may sell retail marijuana 2253
and retail marijuana products to a retail marijuana hospitality 2254
and sales business licensee. 2255
(3) (a) (i) A retail marijuana store may not sell more 2256
than one (1) ounce of retail marijuana or its equivalent in retail 2257
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marijuana products, including retail marijuana concentrate, except 2258
for nonedible, nonpsychoactive retail marijuana products, 2259
including ointments, lotions, balms, and other nontransdermal 2260
topical products, during a single transaction to a person. 2261
(ii) As used in this paragraph (a), "equivalent in 2262
retail marijuana products" has the same meaning as established by 2263
the state licensing authority by rule pursuant to Section 203(4). 2264
(b) (i) Prior to initiating a sale, the employee of 2265
the retail marijuana store making the sale shall verify that the 2266
purchaser has a valid identification card showing the purchaser is 2267
twenty-one (21) years of age or older. If a person under 2268
twenty-one (21) years of age presents a fraudulent proof of age, 2269
any action relying on the fraudulent proof of age shall not be 2270
grounds for the revocation or suspension of any license issued 2271
under this chapter. 2272
(ii) 1. If a retail marijuana store licensee or 2273
employee has reasonable cause to believe that a person is under 2274
twenty-one (21) years of age and is exhibiting fraudulent proof of 2275
age in an attempt to obtain any retail marijuana or marijuana 2276
product, the licensee or employee is authorized to confiscate such 2277
fraudulent proof of age, if possible, and shall, within 2278
seventy-two (72) hours after the confiscation, remit to a state or 2279
local law enforcement agency. The failure to confiscate such 2280
fraudulent proof of age or to remit to a state or local law 2281
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enforcement agency within seventy-two (72) hours after the 2282
confiscation does not constitute a criminal offense. 2283
2. If a retail marijuana store licensee or 2284
employee believes that a person is under twenty-one (21) years of 2285
age and is exhibiting fraudulent proof of age in an attempt to 2286
obtain any retail marijuana or retail marijuana product, the 2287
licensee or employee or any peace or police officer, acting in 2288
good faith and upon probable cause based upon reasonable grounds 2289
therefor, may detain and question such person in a reasonable 2290
manner for the purpose of ascertaining whether the person is 2291
guilty of any unlawful act regarding the purchase of retail 2292
marijuana. The questioning of a person by an employee or a peace 2293
or police officer does not render the licensee, the employee, or 2294
the peace or police officer civilly or criminally liable for 2295
slander, false arrest, false imprisonment, malicious prosecution, 2296
or unlawful detention. 2297
(c) (i) A retail marijuana store that sells an 2298
industrial hemp product shall ensure that the industrial hemp 2299
product has passed all testing required by rules promulgated by 2300
the state licensing authority pursuant to Section 203(2)(d). 2301
Prior to taking possession of the industrial hemp product, a 2302
retail marijuana store shall verify the industrial hemp product 2303
passed all testing required for retail marijuana products at a 2304
licensed retail marijuana testing facility and that the person 2305
transferring the industrial hemp product has received a license 2306
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from the Department of Agriculture and Commerce pursuant to 2307
Section 69-25-207. 2308
(ii) Absent sampling and testing standards 2309
established by the Department of Agriculture and Commerce for the 2310
sampling and testing of an industrial hemp product, a person 2311
transferring an industrial hemp product to a retail marijuana 2312
store pursuant to this section shall comply with sampling and 2313
testing standards consistent with those established by the state 2314
licensing authority pursuant to this chapter. 2315
(d) When completing a sale of retail marijuana 2316
concentrate, the retail marijuana store shall provide the customer 2317
with the tangible educational resource created by the state 2318
licensing authority through rule-making pursuant to Section 202(8) 2319
regarding the use of retail marijuana concentrate. 2320
(4) A retail marijuana store may provide, except as required 2321
by Section 203(2)(d), a sample of its products to a facility that 2322
has a marijuana testing facility license from the state licensing 2323
authority for testing and research purposes. A retail marijuana 2324
store shall maintain a record of what was provided to the testing 2325
facility, the identity of the testing facility, and the results of 2326
the testing. 2327
(5) All retail marijuana and retail marijuana products sold 2328
at a licensed retail marijuana store shall be packaged and labeled 2329
as required by rules of the state licensing authority pursuant to 2330
Section 203(2)(f) and (3)(b). 2331
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(6) (a) A licensed retail marijuana store may only sell 2332
retail marijuana, retail marijuana products, marijuana 2333
accessories, nonconsumable products such as apparel, and marijuana 2334
related products such as childproof packaging containers, but is 2335
prohibited from selling or giving away any consumable product, 2336
including but not limited to cigarettes or alcohol, or edible 2337
product that does not contain marijuana, including but not limited 2338
to sodas, candies, or baked goods; except that a retail marijuana 2339
store may sell industrial hemp products. 2340
(b) A licensed retail marijuana store may not sell any 2341
retail marijuana or retail marijuana products that contain 2342
nicotine or alcohol, if the sale of the alcohol would require a 2343
license pursuant to Chapter 1 or 3 of Title 67, Mississippi Code 2344
of 1972. 2345
(c) A licensed retail marijuana store shall not sell 2346
retail marijuana or retail marijuana products over the Internet 2347
nor deliver retail marijuana or retail marijuana products to a 2348
person not physically present in the retail marijuana store's 2349
licensed premises. 2350
(7) The premises of a licensed retail marijuana store is the 2351
only place where an automatic dispensing machine that contains 2352
retail marijuana or retail marijuana products may be located. If 2353
a licensed retail marijuana store uses an automatic dispensing 2354
machine that contains retail marijuana and retail marijuana 2355
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products, it must comply with the regulations promulgated by the 2356
state licensing authority for its use. 2357
(8) Retail marijuana or retail marijuana products may not be 2358
consumed on the premises of a retail marijuana store. 2359
(9) Notwithstanding any other provision of state law, sales 2360
of retail marijuana and retail marijuana products are not exempt 2361
from state or local sales tax. 2362
(10) A display case containing marijuana concentrate must 2363
include the potency of the marijuana concentrate next to the name 2364
of the product. 2365
(11) Notwithstanding any other provision of law to the 2366
contrary, a licensed retail marijuana store may compensate its 2367
employees using performance-based incentives, including 2368
sales-based performance-based incentives. 2369
(12) (a) (i) There is authorized a retail marijuana 2370
delivery permit to a retail marijuana store license authorizing 2371
the permit holder to deliver retail marijuana and retail marijuana 2372
products. 2373
(ii) A retail marijuana delivery permit is valid 2374
for one (1) year and may be renewed annually upon renewal of the 2375
retail marijuana store license or retail marijuana transporter 2376
license. 2377
(iii) A retail marijuana delivery permit issued 2378
pursuant to this section applies to only one (1) retail marijuana 2379
store; however, a single retail marijuana delivery permit may 2380
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apply to multiple retail marijuana stores if the retail marijuana 2381
stores are in the same local jurisdiction and are identically 2382
owned, as defined by the state licensing authority for purposes of 2383
this section. 2384
(iv) The state licensing authority may issue a 2385
retail marijuana delivery permit to a qualified applicant, as 2386
determined by the state licensing authority, that holds a retail 2387
marijuana store license issued pursuant to this chapter. A permit 2388
applicant is prohibited from delivering retail marijuana and 2389
retail marijuana products without state and local jurisdiction 2390
approval. If the applicant does not receive local jurisdiction 2391
approval within one (1) year from the date of the state licensing 2392
authority approval, the state permit expires and may not be 2393
renewed. If an application is denied by the local licensing 2394
authority, the state licensing authority shall revoke the 2395
state-issued permit. The state licensing authority has discretion 2396
in determining whether an applicant is qualified to receive a 2397
retail marijuana delivery permit. A retail marijuana delivery 2398
permit issued by the state licensing authority is deemed a 2399
revocable privilege of a licensed retail marijuana store or retail 2400
marijuana transporter licensee. A violation related to a retail 2401
marijuana delivery permit is grounds for a fine or suspension or 2402
revocation of the delivery permit or retail marijuana store 2403
license. 2404
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(b) A retail marijuana store licensee shall not make 2405
deliveries of retail marijuana or retail marijuana products to 2406
individuals while also transporting retail marijuana or retail 2407
marijuana products between licensed premises in the same vehicle. 2408
(c) The licensed retail marijuana store shall charge a 2409
One Dollar ($1.00) surcharge on each delivery. The licensed 2410
retail marijuana store shall remit the surcharges collected on a 2411
monthly basis to the municipality where the licensed retail 2412
marijuana store is located, or to the county if the licensed 2413
retail marijuana store is in an unincorporated area, for local law 2414
enforcement costs related to marijuana enforcement. Failure to 2415
comply with this paragraph (c) may result in nonrenewal of the 2416
retail marijuana delivery permit. 2417
(d) A licensed retail marijuana store with a retail 2418
marijuana delivery permit may deliver retail marijuana and retail 2419
marijuana products only to the individual who placed the order and 2420
who: 2421
(i) Is twenty-one (21) years of age or older; 2422
(ii) Receives the delivery of retail marijuana or 2423
retail marijuana products pursuant to rules; and 2424
(iii) Possesses an acceptable form of 2425
identification. 2426
(e) Any person delivering retail marijuana or retail 2427
marijuana products must possess a valid occupational license and 2428
be a current employee of the licensed retail marijuana store or 2429
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retail marijuana transporter licensee with a valid retail 2430
marijuana delivery permit; must have undergone training regarding 2431
proof-of-age identification and verification, including all forms 2432
of identification that are deemed acceptable by the state 2433
licensing authority; and must have any other training required by 2434
the state licensing authority. 2435
(f) In accordance with this subsection (12) and rules 2436
adopted to implement this subsection (12), a licensed retail 2437
marijuana store with a valid retail marijuana delivery permit may: 2438
(i) Receive an order through electronic or other 2439
means for the purchase and delivery of retail marijuana or retail 2440
marijuana products. When using an online platform for marijuana 2441
delivery, the platform must require the individual to choose a 2442
retail marijuana store before viewing the price; 2443
(ii) Deliver retail marijuana or retail marijuana 2444
products not in excess of the amounts established by the state 2445
licensing authority; 2446
(iii) Deliver only to an individual at the address 2447
provided in the order; 2448
(iv) Deliver no more than once per day to the same 2449
individual or residence; 2450
(v) Deliver only to private residences. For 2451
purposes of this subparagraph (v), "private residences" means 2452
private premises where a person lives, such as a private dwelling 2453
place or place of habitation, and specifically excludes any 2454
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premises located at a school or on the campus of an institution of 2455
higher education, or any other public property; 2456
(vi) Deliver retail marijuana or retail marijuana 2457
products only by a motor vehicle that complies with this section 2458
and the rules promulgated pursuant to this section and Section 2459
203(2)(dd); and 2460
(vii) Use an employee to conduct deliveries, or 2461
contract with a retail marijuana transporter that has a valid 2462
retail marijuana delivery permit to conduct deliveries on its 2463
behalf, from its retail marijuana store or its associated state 2464
licensing authority-authorized storage facility as defined by 2465
rule. 2466
(g) (i) At the time of the order, the retail marijuana 2467
store shall require the individual to provide information 2468
necessary to verify the individual is at least twenty-one (21) 2469
years of age. The provided information must, at a minimum, 2470
include the following: 2471
1. The individual's name and date of birth; 2472
2. The address of the residence where the 2473
order will be delivered; and 2474
3. Any other information required by state 2475
licensing authority rule. 2476
(ii) Prior to transferring possession of the order 2477
to an individual, the person delivering the order shall inspect 2478
the individual's identification and verify that the information 2479
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provided at the time of the order matches the name and age on the 2480
individual's identification. 2481
(h) (i) Unless otherwise provided by the state 2482
licensing authority by rules promulgated pursuant to this chapter, 2483
all requirements applicable to other licenses issued pursuant to 2484
this chapter apply to the delivery of retail marijuana and retail 2485
marijuana products, including but not limited to inventory 2486
tracking, transportation, and packaging and labeling requirements. 2487
(ii) The advertising regulations and prohibitions 2488
adopted pursuant to Section 203(3)(a) apply to retail marijuana 2489
delivery operations pursuant to this subsection (12). 2490
(i) It is not a violation of any provision of state, 2491
civil, or criminal law for a licensed retail marijuana store or 2492
retail marijuana transporter licensee with a valid retail 2493
marijuana delivery permit, or such person who has made timely and 2494
sufficient application for the renewal of the permit, or its 2495
licensees to possess, transport, and deliver retail marijuana or 2496
retail marijuana products pursuant to a retail marijuana delivery 2497
permit in amounts that do not exceed amounts established by the 2498
state licensing authority. 2499
(j) A local law enforcement agency may request state 2500
licensing authority reports, including complaints, investigative 2501
action, and final agency action orders, related to criminal 2502
activity materially related to retail marijuana delivery in the 2503
law enforcement agency's jurisdiction, and the state licensing 2504
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authority shall promptly provide any reports in its possession for 2505
the law enforcement agency's jurisdiction. 2506
(k) (i) Notwithstanding any provisions of this 2507
section, delivery of retail marijuana or retail marijuana products 2508
is not permitted in any municipality, county, or municipality and 2509
county unless the municipality, county, or municipality and 2510
county, by either a majority of the registered electors of the 2511
municipality, county, or municipality and county voting at a 2512
regular election or special election, or a majority of the members 2513
of the governing board for the municipality, county, or 2514
municipality and county, vote to allow the delivery of retail 2515
marijuana or retail marijuana products pursuant to this section. 2516
(ii) An ordinance adopted pursuant to subparagraph 2517
(i) of this paragraph (k) may prohibit delivery of retail 2518
marijuana and retail marijuana products from a retail marijuana 2519
store that is outside a municipality's, county's, or municipality 2520
and county's jurisdictional boundaries to an address within its 2521
jurisdictional boundaries. 2522
(l) Notwithstanding any provisions of this section, 2523
delivery of retail marijuana or retail marijuana products is not 2524
permitted at any school or on the campus of any institution of 2525
higher education. 2526
(13) An accelerator store licensee may operate on the 2527
premises of a retail marijuana store licensee if before each 2528
accelerator store licensee operates, the retail marijuana store 2529
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licensee has its premises endorsed pursuant to rule and each 2530
accelerator store licensee is approved to operate on that 2531
premises. 2532
(14) A retail marijuana store licensee that hosts an 2533
accelerator store licensee may, pursuant to rule, provide 2534
technical and compliance assistance to an accelerator store 2535
licensee operating on its premises. A retail marijuana store 2536
licensee that hosts an accelerator store licensee may, pursuant to 2537
rule, provide capital assistance to an accelerator store licensee 2538
operating on its premises. 2539
(15) A retail marijuana store or retail marijuana stores 2540
shall not sell any more than eight (8) grams of retail marijuana 2541
concentrate to a person in a single day. 2542
502. Retail marijuana cultivation facility license - rules - 2543
definitions. (1) A retail marijuana cultivation facility license 2544
may be issued only to a person who cultivates retail marijuana for 2545
sale and distribution to licensed retail marijuana stores, retail 2546
marijuana products manufacturer licensees, retail marijuana 2547
hospitality and sales business, or other retail marijuana 2548
cultivation facilities. 2549
(2) A retail marijuana cultivation facility shall remit any 2550
applicable excise tax due, based on the average wholesale prices 2551
set by the state licensing authority. 2552
(3) A retail marijuana cultivation facility shall track the 2553
marijuana it cultivates from seed or immature plant to wholesale 2554
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purchase. Prior to delivery of any sold retail marijuana, the 2555
retail marijuana cultivation facility shall provide evidence that 2556
it paid any applicable excise tax on the retail marijuana that is 2557
due. 2558
(4) A retail marijuana cultivation facility may provide, 2559
except as required by Section 203(2)(d), a sample of its products 2560
to a facility that has a retail marijuana testing facility license 2561
from the state licensing authority for testing and research 2562
purposes. A retail marijuana cultivation facility shall maintain 2563
a record of what was provided to the testing facility, the 2564
identity of the testing facility, and the testing results. 2565
(5) Retail marijuana or retail marijuana products may not be 2566
consumed on the premises of a retail marijuana cultivation 2567
facility. 2568
(6) (a) A retail marijuana cultivation facility licensee 2569
may provide a retail marijuana sample and a retail marijuana 2570
concentrate sample to no more than five (5) managers employed by 2571
the licensee for purposes of quality control and product 2572
development. A retail marijuana cultivation facility licensee may 2573
designate no more than five (5) managers per calendar month as 2574
recipients of quality control and product development samples 2575
authorized pursuant to this paragraph (a). 2576
(b) An excise tax shall be levied and collected on the 2577
sample of unprocessed retail marijuana by a retail marijuana 2578
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cultivation facility. The excise tax must be calculated based on 2579
the average market rate of the unprocessed retail marijuana. 2580
(c) A sample authorized pursuant to paragraph (a) of 2581
this subsection (6) is limited to one (1) gram of retail marijuana 2582
per batch as defined in rules promulgated by the state licensing 2583
authority, and one-quarter (1/4) gram of a retail marijuana 2584
concentrate per batch as defined in rules promulgated by the state 2585
licensing authority; however, the limit is one-half (1/2) gram of 2586
retail marijuana concentrate if the intended use of the final 2587
product is to be used in a device that can be used to deliver 2588
retail marijuana concentrate in a vaporized form to the person 2589
inhaling from the device. 2590
(d) A sample authorized pursuant to paragraph (a) of 2591
this subsection (6) must be labeled and packaged pursuant to the 2592
rules promulgated pursuant to Section 203(2)(f) and (3)(b). 2593
(e) A sample provided pursuant to paragraph (a) of this 2594
subsection (6) must be tracked with the seed-to-sale tracking 2595
system. Prior to a manager receiving a sample, a manager must be 2596
designated in the seed-to-sale tracking system as a recipient of 2597
quality control and product development samples. A manager 2598
receiving a sample must make a voluntary decision to be tracked in 2599
the seed-to-sale tracking system and is not a consumer pursuant to 2600
Section 1(6)(b) of this act. The retail marijuana cultivation 2601
facility licensee shall maintain documentation of all samples and 2602
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shall make the documentation available to the state licensing 2603
authority. 2604
(f) Prior to a manager receiving a sample pursuant to 2605
paragraph (a) of this subsection (6), a retail marijuana 2606
cultivation facility licensee shall provide a standard operating 2607
procedure to the manager explaining requirements pursuant to this 2608
section and personal possession limits. 2609
(g) A manager shall not: 2610
(i) Receive more than one (1) ounce total of 2611
retail marijuana or eight (8) grams of retail marijuana 2612
concentrate samples per calendar month, regardless of the number 2613
of licenses that the manager is associated with; or 2614
(ii) Provide to or resell the sample to another 2615
licensed employee, a customer, or any other individual. 2616
(h) A retail marijuana cultivation facility licensee 2617
shall not: 2618
(i) Allow a manager to consume the sample on the 2619
licensed premises; or 2620
(ii) Use the sample as a means of compensation to 2621
a manager. 2622
(i) The state licensing authority may establish 2623
additional inventory tracking and record keeping, including 2624
additional reporting required for implementation. The retail 2625
marijuana cultivation facility licensee shall maintain the 2626
information required by this paragraph (i) on the licensed 2627
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premises for inspection by the state and local licensing 2628
authorities. 2629
(j) For purposes of this subsection (6) only, "manager" 2630
means an employee of the retail marijuana cultivation facility who 2631
holds a valid key license or associated key license and is 2632
currently designated pursuant to state licensing authority rules 2633
as the manager of the retail marijuana cultivation facility. 2634
(7) (a) The state licensing authority may issue a 2635
centralized distribution permit to a retail marijuana cultivation 2636
facility authorizing temporary storage on its licensed premises of 2637
retail marijuana concentrate and retail marijuana products 2638
received from a retail marijuana business for the sole purpose of 2639
transfer to the permit holder's commonly owned retail marijuana 2640
stores. Prior to exercising the privileges of a centralized 2641
distribution permit, a retail marijuana cultivation facility 2642
licensed pursuant to this section shall, at the time of 2643
application to the state licensing authority, send a copy of the 2644
application or supplemental application for a centralized 2645
distribution permit to the local jurisdiction in which the 2646
centralized distribution permit is proposed. The state licensing 2647
authority shall notify the local jurisdiction of its decision 2648
regarding the centralized distribution permit. 2649
(b) A retail marijuana cultivation facility shall not 2650
store retail marijuana concentrate or retail marijuana products 2651
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pursuant to a centralized distribution permit for more than ninety 2652
(90) days. 2653
(c) A retail marijuana cultivation facility shall not 2654
accept any retail marijuana concentrate or retail marijuana 2655
products pursuant to a centralized distribution permit unless the 2656
retail marijuana concentrate and retail marijuana products are 2657
packaged and labeled for sale to a consumer as required by rules 2658
promulgated by the state licensing authority pursuant to Section 2659
203(2)(f) and (3)(b). 2660
(d) All retail marijuana concentrate and retail 2661
marijuana products stored and prepared for transport on a retail 2662
marijuana cultivation facility's licensed premises pursuant to a 2663
centralized distribution permit must only be transferred to a 2664
retail marijuana cultivation facility licensee's commonly owned 2665
retail marijuana stores. All transfers of retail marijuana 2666
concentrate and retail marijuana products by a retail marijuana 2667
cultivation facility pursuant to a centralized distribution permit 2668
are without consideration. 2669
(e) All security and surveillance requirements that 2670
apply to a retail marijuana cultivation facility apply to 2671
activities conducted pursuant to the privileges of a centralized 2672
distribution permit. 2673
(f) A retail marijuana cultivation facility shall track 2674
all retail marijuana concentrate and retail marijuana products 2675
possessed pursuant to a centralized distribution permit in the 2676
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seed-to-sale tracking system from the point it is received from a 2677
retail marijuana business to the point of transfer to a retail 2678
marijuana cultivation facility licensee's commonly owned retail 2679
marijuana stores. 2680
(g) For purposes of this section only, "commonly owned" 2681
means licenses that have an ownership structure with at least one 2682
(1) natural person with a minimum of five percent (5%) ownership 2683
in each license. 2684
(8) Notwithstanding any other provision of law to the 2685
contrary, a licensed retail marijuana cultivation facility may 2686
compensate its employees using performance-based incentives, 2687
including sales-based performance-based incentives. 2688
(9) An accelerator cultivator licensee may operate on the 2689
premises of a retail marijuana cultivation facility licensee if 2690
before each accelerator cultivator licensee operates, the retail 2691
marijuana cultivation facility licensee has its premises endorsed 2692
pursuant to rule and each accelerator cultivator licensee is 2693
approved to operate on that premises. 2694
(10) A retail marijuana cultivation facility licensee that 2695
hosts an accelerator cultivator licensee may, pursuant to rule, 2696
provide technical and compliance assistance to an accelerator 2697
cultivator licensee operating on its premises. A retail marijuana 2698
products manufacturer licensee that hosts an accelerator 2699
cultivator licensee may, pursuant to rule, provide capital 2700
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assistance to an accelerator cultivator licensee operating on its 2701
premises. 2702
(11) A retail marijuana cultivation facility shall only 2703
obtain retail marijuana seeds or immature plants from its own 2704
retail marijuana, or marijuana that is properly transferred from 2705
another retail marijuana business pursuant to the inventory 2706
tracking requirements imposed by rule. 2707
(12) (a) A retail marijuana cultivation facility licensee 2708
that cultivates retail marijuana outdoors may file a contingency 2709
plan for its outdoor cultivation operation to address how the 2710
licensee will respond when there is an adverse weather event. If 2711
the licensee files a contingency plan, the licensee shall also 2712
submit a copy of the plan to the local licensing authority in the 2713
local jurisdiction where the licensee operates. If the 2714
contingency plan is approved by the state licensing authority, the 2715
retail marijuana cultivation facility licensee may follow the 2716
contingency plan in the case of an adverse weather event. 2717
(b) After the state licensing authority approves a 2718
contingency plan, it shall notify the local licensing authority of 2719
the approval. The local licensing authority may enforce local 2720
land use and zoning laws and regulations regarding the contingency 2721
plan and may develop internal regulatory processes to evaluate 2722
contingency plans. 2723
(c) A local licensing authority may require that an 2724
applicant for a retail marijuana cultivation facility license 2725
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include a contingency plan with the application for the local 2726
licensing authority's review and approval. 2727
503. Retail marijuana products manufacturer license - rules 2728
- definition. (1) (a) A retail marijuana products manufacturer 2729
license may be issued to a person who manufactures retail 2730
marijuana products pursuant to the terms and conditions of this 2731
chapter. 2732
(b) A retail marijuana products manufacturer may 2733
cultivate its own retail marijuana if it obtains a retail 2734
marijuana cultivation facility license, or it may purchase retail 2735
marijuana from a licensed retail marijuana cultivation facility. 2736
A retail marijuana products manufacturer shall track all of its 2737
retail marijuana from the point it is either transferred from its 2738
retail marijuana cultivation facility or the point when it is 2739
delivered to the retail marijuana products manufacturer from a 2740
licensed retail marijuana cultivation facility to the point of 2741
transfer to a licensed retail marijuana store, a licensed retail 2742
marijuana products manufacturer, a retail marijuana testing 2743
facility, or a licensed retail marijuana cultivation facility with 2744
a centralized distribution permit pursuant to Section 502(7). 2745
(c) A retail marijuana products manufacturer shall not 2746
accept any retail marijuana purchased from a retail marijuana 2747
cultivation facility unless the retail marijuana products 2748
manufacturer is provided with evidence that any applicable excise 2749
tax due was paid. 2750
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(d) A retail marijuana products manufacturer shall not: 2751
(i) Add any marijuana to a food product where the 2752
manufacturer of the food product holds a trademark to the food 2753
product's name; except that a retail marijuana products 2754
manufacturer may use a trademarked food product if the 2755
manufacturer uses the product as a component or as part of a 2756
recipe and where the retail marijuana products manufacturer does 2757
not state or advertise to the consumer that the final retail 2758
marijuana product contains a trademarked food product; 2759
(ii) Intentionally or knowingly label or package a 2760
retail marijuana product in a manner that would cause a reasonable 2761
consumer confusion as to whether the retail marijuana product was 2762
a trademarked food product; or 2763
(iii) Label or package a product in a manner that 2764
violates any federal trademark law or regulation. 2765
(e) A retail marijuana products manufacturer may sell 2766
retail marijuana and retail marijuana products to a retail 2767
marijuana hospitality and sales business. 2768
(2) Retail marijuana products must be prepared on a licensed 2769
premises that is used exclusively for the manufacture and 2770
preparation of retail marijuana or retail marijuana products and 2771
using equipment that is used exclusively for the manufacture and 2772
preparation of retail marijuana products; however, if permitted by 2773
the local jurisdiction and subject to rules of the state licensing 2774
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authority, a retail marijuana products manufacturer licensee may 2775
share the same premises as: 2776
(a) A commonly owned marijuana research and development 2777
licensee so long as virtual or physical separation of inventory 2778
and research activity is maintained; or 2779
(b) An accelerator manufacturer licensee if the retail 2780
marijuana products manufacturer has its premises endorsed pursuant 2781
to rule before each accelerator manufacturer licensee operates and 2782
each accelerator manufacturer licensee is approved to operate on 2783
that premises. 2784
(3) All licensed premises on which retail marijuana products 2785
are manufactured must meet the sanitary standards for retail 2786
marijuana product preparation promulgated pursuant to Section 2787
203(2)(i). 2788
(4) (a) The retail marijuana product must be sealed and 2789
conspicuously labeled in compliance with this chapter and any 2790
rules promulgated pursuant to this chapter. The labeling of 2791
retail marijuana products is a matter of statewide concern. 2792
(b) The standard symbol requirements as promulgated 2793
pursuant to Section 203(2)(y) do not apply to a multi-serving 2794
liquid retail marijuana product, which is impracticable to mark, 2795
if the product complies with all statutory and rule packaging 2796
requirements for multi-serving edibles and complies with the 2797
following enhanced requirements to reduce the risk of accidental 2798
ingestion. A multi-serving liquid must: 2799
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(i) Be packaged in a structure that uses a single 2800
mechanism to achieve both child-resistance and accurate pouring 2801
measurement of each liquid serving in increments equal to or less 2802
than ten (10) milligrams of active THC per serving, with no more 2803
than one hundred (100) milligrams of active THC total per package; 2804
and 2805
(ii) The measurement component is within the 2806
child-resistant cap or closure of the bottle and is not a separate 2807
component. 2808
(5) Retail marijuana or retail marijuana products may not be 2809
consumed on the premises of a retail marijuana products 2810
manufacturer. 2811
(6) A retail marijuana products manufacturer may provide, 2812
except as required by Section 203(2)(d), a sample of its products 2813
to a facility that has a retail marijuana testing facility license 2814
from the state licensing authority for testing and research 2815
purposes. A retail marijuana products manufacturer shall maintain 2816
a record of what was provided to the testing facility, the 2817
identity of the testing facility, and the results of the testing. 2818
(7) An edible retail marijuana product may list its 2819
ingredients and compatibility with dietary practices. 2820
(8) A licensed retail marijuana products manufacturer shall 2821
package and label each product manufactured as required by rules 2822
of the state licensing authority pursuant to Section 203(2)(f) and 2823
(3)(b). 2824
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(9) All retail marijuana products that require refrigeration 2825
to prevent spoilage must be stored and transported in a 2826
refrigerated environment. 2827
(10) (a) A retail marijuana products manufacturer licensee 2828
may provide a retail marijuana product sample and a retail 2829
marijuana concentrate sample to no more than five (5) managers 2830
employed by the licensee for purposes of quality control and 2831
product development. A retail marijuana products manufacturer 2832
licensee may designate no more than five (5) managers per calendar 2833
month as recipients of quality control and product development 2834
samples authorized pursuant to this paragraph (a). 2835
(b) A sample authorized pursuant to paragraph (a) of 2836
this subsection (10) is limited to one (1) serving size of an 2837
edible retail marijuana product not exceeding ten (10) milligrams 2838
of THC and its applicable equivalent serving size of nonedible 2839
retail marijuana product per batch as defined in rules promulgated 2840
by the state licensing authority and one-quarter (1/4) gram of 2841
retail marijuana concentrate per batch as defined in rules 2842
promulgated by the state licensing authority; however, the limit 2843
is one-half (1/2) gram of retail marijuana concentrate if the 2844
intended use of the final product is to be used in a device that 2845
can be used to deliver retail marijuana concentrate in a vaporized 2846
form to the person inhaling from the device. 2847
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(c) A sample authorized pursuant to paragraph (a) of 2848
this subsection (10) must be labeled and packaged pursuant to the 2849
rules promulgated pursuant to Section 203(2)(f) and (3)(b). 2850
(d) A sample provided pursuant to paragraph (a) of this 2851
subsection (10) must be tracked with the seed-to-sale tracking 2852
system. Prior to a manager receiving a sample, a manager must be 2853
designated in the seed-to-sale tracking system as a recipient of 2854
quality control and product development samples. A manager 2855
receiving a sample must make a voluntary decision to be tracked in 2856
the seed-to-sale tracking system and is not a consumer pursuant to 2857
Section 1(6)(b) of this act. The retail marijuana products 2858
manufacturer licensee shall maintain documentation of all samples 2859
and shall make the documentation available to the state licensing 2860
authority. 2861
(e) Prior to a manager receiving a sample pursuant to 2862
paragraph (a) of this subsection (10), a retail marijuana products 2863
manufacturer licensee shall provide a standard operating procedure 2864
to the manager explaining requirements pursuant to this section 2865
and personal possession limits. 2866
(f) A manager shall not: 2867
(i) Receive more than a total of eight (8) grams 2868
of retail marijuana concentrate or fourteen (14) individual 2869
serving-size edibles or its applicable equivalent in nonedible 2870
retail marijuana products per calendar month, regardless of the 2871
number of licenses that the manager is associated with; or 2872
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(ii) Provide to or resell the sample to another 2873
licensed employee, a customer, or any other individual. 2874
(g) A retail marijuana products manufacturing licensee 2875
shall not: 2876
(i) Allow a manager to consume the sample on the 2877
licensed premises; or 2878
(ii) Use the sample as a means of compensation to 2879
a manager. 2880
(h) The state licensing authority may establish 2881
additional inventory tracking and record keeping, including 2882
additional reporting required for implementation. The retail 2883
marijuana products manufacturer licensee shall maintain the 2884
information required by this paragraph (h) on the licensed 2885
premises for inspection by the state and local licensing 2886
authorities. 2887
(i) For purposes of this subsection (10) only, 2888
"manager" means an employee of the retail marijuana products 2889
manufacturer who holds a valid key license or associated key 2890
license and is currently designated pursuant to state licensing 2891
authority rules as the manager of the retail marijuana products 2892
manufacturer. 2893
(11) (a) A retail marijuana products manufacturer that uses 2894
an industrial hemp product as an ingredient in a retail marijuana 2895
product shall ensure that the industrial hemp product has passed 2896
all testing required by rules promulgated by the state licensing 2897
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authority pursuant to Section 203(2)(d). Prior to taking 2898
possession of the industrial hemp product, a retail marijuana 2899
products manufacturer shall verify that the industrial hemp 2900
product passed all testing required for retail marijuana products 2901
at a licensed retail marijuana testing facility and that the 2902
person transferring the industrial hemp product has received a 2903
license from the Department of Agriculture and Commerce pursuant 2904
to Section 69-25-207. 2905
(b) Absent sampling and testing standards established 2906
by the Department of Agriculture and Commerce for the sampling and 2907
testing of an industrial hemp product, a person transferring 2908
industrial hemp product to a retail marijuana products 2909
manufacturer pursuant to this section shall comply with sampling 2910
and testing standards consistent with those established by the 2911
state licensing authority pursuant to this chapter. The state 2912
licensing authority shall report to the Department of Agriculture 2913
and Commerce any investigations or findings in violation of this 2914
section by a person licensed pursuant to Section 69-25-207. 2915
(12) Notwithstanding any other provision of law to the 2916
contrary, a licensed retail marijuana products manufacturer may 2917
compensate its employees using performance-based incentives, 2918
including sales-based performance-based incentives. 2919
(13) A retail marijuana products manufacturer licensee that 2920
hosts an accelerator manufacturer licensee may, pursuant to rule, 2921
provide technical and compliance assistance to an accelerator 2922
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manufacturer licensee operating on its premises. A retail 2923
marijuana products manufacturer licensee that hosts an accelerator 2924
manufacturer licensee may, pursuant to rule, provide capital 2925
assistance to an accelerator manufacturer licensee operating on 2926
its premises. 2927
504. Retail marijuana testing facility license - rules. (1) 2928
(a) A retail marijuana testing facility license may be issued to 2929
a person who performs testing and research on retail marijuana and 2930
industrial hemp and industrial hemp products. The facility may 2931
develop and test retail marijuana products, industrial hemp and 2932
industrial hemp products. Prior to performing testing on 2933
industrial hemp products, a facility shall verify that the person 2934
requesting the testing has received a license as required by 2935
Section 69-25-207. 2936
(b) The testing of retail marijuana, retail marijuana 2937
products, and retail marijuana concentrate, and the associated 2938
standards, is a matter of statewide concern. 2939
(2) The state licensing authority shall promulgate rules 2940
pursuant to its authority in Section 202(1)(c) related to 2941
acceptable testing and research practices, including but not 2942
limited to testing, standards, quality control analysis, equipment 2943
certification and calibration, and chemical identification and 2944
other substances used in bona fide research methods. 2945
505. Retail marijuana transporter license - definition. (1) 2946
(a) A retail marijuana transporter license may be issued to a 2947
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person to provide logistics, distribution, delivery, and storage 2948
of retail marijuana and retail marijuana products. 2949
Notwithstanding any other provisions of law, a retail marijuana 2950
transporter license is valid for two (2) years but cannot be 2951
transferred with a change of ownership. A licensed retail 2952
marijuana transporter is responsible for the retail marijuana and 2953
retail marijuana products once it takes control of the product. 2954
(b) A licensed retail marijuana transporter may 2955
contract with multiple licensed retail marijuana businesses. 2956
(c) All retail marijuana transporters shall hold a 2957
valid retail marijuana transporter license; however, an entity 2958
licensed pursuant to this chapter that provides its own 2959
distribution is not required to have a retail marijuana 2960
transporter license to transport and distribute its products. 2961
(2) A retail marijuana transporter licensee may maintain a 2962
licensed premises to temporarily store retail marijuana and retail 2963
marijuana products and to use as a centralized distribution point. 2964
The licensed premises must be located in a jurisdiction that 2965
permits the operation of retail marijuana stores. A licensed 2966
retail marijuana transporter may store and distribute retail 2967
marijuana and retail marijuana products from this location. A 2968
storage facility must meet the same security requirements that are 2969
required to obtain a retail marijuana cultivation facility 2970
license. 2971
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(3) A retail marijuana transporter licensee shall use the 2972
seed-to-sale tracking system developed pursuant to Section 2973
202(1)(a) to create shipping manifests documenting the transport 2974
of retail marijuana and retail marijuana products throughout the 2975
state. 2976
(4) A retail marijuana transporter licensee may: 2977
(a) Maintain and operate one (1) or more warehouses in 2978
the state to handle retail marijuana and retail marijuana 2979
products; and 2980
(b) Deliver retail marijuana products on orders 2981
previously taken if the place where orders are taken and delivered 2982
is licensed. 2983
(5) (a) (i) There is authorized a retail marijuana 2984
delivery permit to a retail marijuana transporter license 2985
authorizing the permit holder to deliver retail marijuana and 2986
retail marijuana products. 2987
(ii) A retail marijuana delivery permit is valid 2988
for one (1) year and may be renewed annually upon renewal of the 2989
retail marijuana transporter license. 2990
(iii) A retail marijuana delivery permit issued 2991
pursuant to this section applies to only one (1) retail marijuana 2992
transporter; however, a single retail marijuana delivery permit 2993
may apply to multiple retail marijuana transporters provided that 2994
the retail marijuana transporters are in the same local 2995
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jurisdiction and are identically owned, as defined by the state 2996
licensing authority for purposes of this section. 2997
(iv) The state licensing authority may issue a 2998
retail marijuana delivery permit to a qualified applicant, as 2999
determined by the state licensing authority, that holds a retail 3000
marijuana transporter license issued pursuant to this chapter. A 3001
permit applicant is prohibited from delivering retail marijuana 3002
and retail marijuana products without state and local jurisdiction 3003
approval. If the applicant does not receive local jurisdiction 3004
approval within one (1) year from the date of the state licensing 3005
authority approval, the state permit expires and may not be 3006
renewed. If an application is denied by the local licensing 3007
authority, the state licensing authority shall revoke the 3008
state-issued permit. The state licensing authority has discretion 3009
in determining whether an applicant is qualified to receive a 3010
retail marijuana delivery permit. A retail marijuana delivery 3011
permit issued by the state licensing authority is deemed a 3012
revocable privilege of a licensed retail marijuana transporter. A 3013
violation related to a retail marijuana delivery permit is grounds 3014
for a fine or suspension or revocation of the delivery permit or 3015
retail marijuana transporter license. 3016
(b) A retail marijuana transporter licensee shall not 3017
make deliveries of retail marijuana or retail marijuana products 3018
to individuals while also transporting retail marijuana or retail 3019
marijuana products between licensed premises in the same vehicle. 3020
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(c) A licensed retail marijuana transporter with a 3021
retail marijuana delivery permit may deliver retail marijuana and 3022
retail marijuana products on behalf of a retail marijuana store 3023
only to the individual who placed the order with a retail 3024
marijuana store and who: 3025
(i) Is twenty-one (21) years of age or older; 3026
(ii) Receives the delivery of retail marijuana or 3027
retail marijuana products pursuant to rules; and 3028
(iii) Possesses an acceptable form of 3029
identification. 3030
(d) In accordance with this subsection (5) and rules 3031
adopted to implement this subsection (5), a licensed retail 3032
marijuana transporter with a valid retail marijuana delivery 3033
permit may: 3034
(i) Not accept orders on behalf of a retail 3035
marijuana store and may only pick up already packaged retail 3036
marijuana delivery orders from a retail marijuana store or its 3037
associated state licensing authority-authorized storage facility 3038
as defined by rule and deliver those orders to the appropriate 3039
individual; 3040
(ii) Deliver retail marijuana and retail marijuana 3041
products not in excess of the amounts established by the state 3042
licensing authority; 3043
(iii) Deliver only to an individual at the address 3044
provided in the order; 3045
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(iv) Deliver no more than once per day to the same 3046
individual or residence; 3047
(v) Deliver only to a private residence. For 3048
purposes of this subparagraph (v), "private residences" means 3049
private premises where a person lives, such as a private dwelling 3050
place or place of habitation, and specifically excludes any 3051
premises located at a school or on the campus of an institution of 3052
higher education, or any other public property; 3053
(vi) Deliver retail marijuana or retail marijuana 3054
products only by a motor vehicle that complies with this section 3055
and the rules promulgated pursuant to this section and Section 3056
203(2)(dd); and 3057
(vii) Use an employee to conduct deliveries on 3058
behalf of, and pursuant to a contract with, a retail marijuana 3059
store that has a valid retail marijuana delivery permit from its 3060
retail marijuana store or its associated state licensing 3061
authority-authorized storage facility as defined by rule. 3062
(e) Prior to transferring possession of the order to an 3063
individual, the person delivering the order shall inspect the 3064
individual's identification and verify that the information 3065
provided at the time of the order matches the name and age on the 3066
individual's identification. 3067
(f) Any person delivering retail marijuana or retail 3068
marijuana products for a retail marijuana transporter must possess 3069
a valid occupational license and be a current employee of the 3070
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retail marijuana transporter licensee with a valid retail 3071
marijuana delivery permit; must have undergone training regarding 3072
proof-of-age identification and verification, including all forms 3073
of identification that are deemed acceptable by the state 3074
licensing authority; and must have any other training required by 3075
the state licensing authority. 3076
(g) (i) Unless otherwise provided by the state 3077
licensing authority by rules promulgated pursuant to this chapter, 3078
all requirements applicable to other licenses issued pursuant to 3079
this chapter apply to the delivery of retail marijuana and retail 3080
marijuana products, including but not limited to inventory 3081
tracking, transportation, and packaging and labeling requirements. 3082
(ii) The advertising regulations and prohibitions 3083
adopted pursuant to Section 203(3)(a) apply to retail marijuana 3084
delivery operations pursuant to this subsection (5). 3085
(h) It is not a violation of any provision of state, 3086
civil, or criminal law for a licensed retail marijuana transporter 3087
licensee with a valid retail marijuana delivery permit, or such 3088
person who has made timely and sufficient application for the 3089
renewal of the permit, or its licensees to possess, transport, and 3090
deliver retail marijuana and retail marijuana products pursuant to 3091
a retail marijuana delivery permit in amounts that do not exceed 3092
amounts established by the state licensing authority. 3093
(i) (i) Notwithstanding any provisions of this 3094
section, delivery of retail marijuana or retail marijuana products 3095
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is not permitted in any municipality, county, or municipality and 3096
county unless the municipality, county, or municipality and 3097
county, by either a majority of the registered electors of the 3098
municipality, county, or municipality and county voting at a 3099
regular election or special election, or a majority of the members 3100
of the governing board for the municipality, county, or 3101
municipality and county, vote to allow the delivery of retail 3102
marijuana or retail marijuana products pursuant to this section. 3103
(ii) An ordinance adopted pursuant to subparagraph 3104
(i) of paragraph (i) of this subsection may prohibit delivery of 3105
retail marijuana and retail marijuana products from a retail 3106
marijuana store that is outside a municipality's, county's, or 3107
municipality and county's jurisdictional boundaries to an address 3108
within its jurisdictional boundaries. 3109
506. Retail marijuana business operator license. A retail 3110
marijuana business operator license may be issued to a person who 3111
operates a retail marijuana business licensed pursuant to this 3112
chapter, for an owner licensed pursuant to this chapter, and who 3113
may receive a portion of the profits as compensation. 3114
507. Retail marijuana accelerator cultivator license. A 3115
retail marijuana accelerator cultivator license may be issued to a 3116
social equity licensee to exercise the privileges of a retail 3117
marijuana cultivation facility licensee on the premises of an 3118
accelerator-endorsed retail marijuana cultivation facility. The 3119
retail marijuana accelerator cultivator may receive technical 3120
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assistance and financial support from the retail marijuana 3121
cultivation facility licensee with an accelerator endorsement. 3122
508. Retail marijuana accelerator manufacturer license. A 3123
retail marijuana accelerator manufacturer license may be issued to 3124
a social equity licensee to exercise the privileges of a retail 3125
marijuana products manufacturer licensee on the premises of an 3126
accelerator-endorsed retail marijuana products manufacturer. The 3127
retail marijuana accelerator manufacturer may receive technical 3128
assistance and financial support from the retail marijuana 3129
products manufacturer with an accelerator endorsement. 3130
509. Marijuana hospitality business license. (1) (a) The 3131
state licensing authority may issue a marijuana hospitality 3132
business license authorizing the licensee to operate a licensed 3133
premises in which marijuana may be consumed pursuant to this 3134
chapter, rules promulgated pursuant to this chapter, and the 3135
provisions of the ordinance or resolution of the local 3136
jurisdiction in which the licensee operates. 3137
(b) Subject to provisions of this chapter and the 3138
ordinance or resolution of the local jurisdiction in which the 3139
licensee operates, a retail food business that has a license or 3140
permit issued by the department may apply for a license to operate 3141
a marijuana hospitality business in an isolated portion of the 3142
premises of the retail food business. This paragraph (b) does not 3143
authorize the marijuana hospitality business to engage in the 3144
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manufacture of retail marijuana products or to add marijuana to 3145
foods produced or provided at the retail food business. 3146
(c) The state licensing authority shall maintain a list 3147
of all marijuana hospitality businesses in the state and shall 3148
make the list available on its website. 3149
(2) A marijuana hospitality business shall not: 3150
(a) Engage in or permit the sale or exchange for 3151
remuneration of retail marijuana or retail marijuana products in 3152
the licensed premises; 3153
(b) Allow on-duty employees of the business to consume 3154
any marijuana in the licensed premises of the business; 3155
(c) Distribute or allow distribution of free samples of 3156
marijuana in the licensed premises of the business; 3157
(d) Allow the consumption of alcohol on the licensed 3158
premises; 3159
(e) Allow the smoking of tobacco or tobacco products in 3160
the licensed premises of the business; 3161
(f) Allow the use of any device using any liquid 3162
petroleum gas, a butane torch, a butane lighter, or matches in the 3163
licensed premises if prohibited by local ordinance or resolution; 3164
(g) Allow any activity that would require an additional 3165
license under this chapter in the licensed premises of the 3166
business, including but not limited to sales, manufacturing, or 3167
cultivation; 3168
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(h) Knowingly permit any activity or acts of disorderly 3169
conduct; 3170
(i) Permit the use or consumption of marijuana by a 3171
patron who displays any visible signs of intoxication; 3172
(j) Permit rowdiness, undue noise, or other 3173
disturbances or activity offensive to the average citizen or to 3174
the residents of the neighborhood in which the licensed premises 3175
is located; or 3176
(k) Admit into the licensed premises of the business 3177
any person who is under twenty-one (21) years of age. 3178
(3) A marijuana hospitality business shall: 3179
(a) Operate the business in a decent, orderly, and 3180
respectable manner; 3181
(b) Require all employees of the business to 3182
successfully complete an annual responsible vendor training 3183
program authorized pursuant to Section 1001; 3184
(c) Ensure that the display and consumption of any 3185
marijuana is not visible from outside of the licensed premises of 3186
the business; 3187
(d) Educate consumers of marijuana by providing 3188
informational materials regarding the safe consumption of 3189
marijuana. Nothing in this paragraph (d) prohibits a local 3190
jurisdiction from adopting additional requirements for education 3191
on safe consumption; 3192
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(e) Maintain a record of all educational materials 3193
required by paragraph (d) of this subsection (3) in the licensed 3194
premises for inspection by state and local licensing authorities 3195
and law enforcement; and 3196
(f) If an emergency requires law enforcement, 3197
firefighters, emergency medical service providers, or other public 3198
safety personnel to enter a marijuana hospitality business, ensure 3199
that all employees and patrons of the business cease all 3200
consumption and other activities until such personnel have 3201
completed their investigation or services and have left the 3202
licensed premises. 3203
(4) A marijuana hospitality business and its employees may 3204
remove an individual from the business for any reason, including a 3205
patron who displays any visible signs of intoxication. 3206
510. Retail marijuana hospitality and sales business 3207
license. (1) (a) The state licensing authority may issue a 3208
retail marijuana hospitality and sales business license 3209
authorizing the licensee to operate a licensed premises in which 3210
marijuana may be sold and consumed pursuant to this chapter, rules 3211
promulgated pursuant to this chapter, and the provisions of the 3212
ordinance or resolution of the local jurisdiction in which the 3213
licensee operates. 3214
(b) Subject to provisions of this chapter and the 3215
ordinance or resolution of the local jurisdiction in which the 3216
licensee operates, a retail food business that has a license or 3217
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permit issued by the department may apply for a license to operate 3218
a retail marijuana hospitality and sales business in an isolated 3219
portion of the premises of the retail food business. This 3220
paragraph (b) does not authorize the retail marijuana hospitality 3221
and sales business to engage in the manufacture of retail 3222
marijuana products or to add marijuana to foods produced or 3223
provided at the retail food business. 3224
(c) The state licensing authority shall maintain a list 3225
of all retail marijuana hospitality and sales businesses in the 3226
state and shall make the list available on its website. 3227
(2) A retail marijuana hospitality and sales business 3228
licensee shall not: 3229
(a) Engage in multiple sales transactions to the same 3230
patron during the same business day when the business's employee 3231
knows or reasonably should have known that the sales transaction 3232
would result in the patron possessing more than the sales limit 3233
established by the state licensing authority; 3234
(b) Allow on-duty employees of the business to consume 3235
any marijuana in the licensed premises; 3236
(c) Distribute or allow distribution of free samples 3237
of marijuana in the licensed premises of the business; 3238
(d) Sell any retail marijuana or retail marijuana 3239
products that contain nicotine or, if the sale of alcohol would 3240
require a license or permit pursuant to Chapter 1 or 3 of Title 3241
67, Mississippi Code of 1972; 3242
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(e) Allow the consumption of alcohol on the licensed 3243
premises; 3244
(f) Allow the smoking of tobacco or tobacco products in 3245
the licensed premises of the business; 3246
(g) Allow the use of any device using any liquid 3247
petroleum gas, a butane torch, a butane lighter, or matches in the 3248
licensed premises if prohibited by local ordinance or resolution; 3249
(h) Allow any activity that would require an additional 3250
license under this chapter in the licensed premises of the 3251
business, including but not limited to manufacturing or 3252
cultivation activity; 3253
(i) Knowingly permit any activity or acts of disorderly 3254
conduct; 3255
(j) Sell, serve, or permit the sale or serving of 3256
retail marijuana or retail marijuana products to any patron who 3257
shows signs of visible intoxication; 3258
(k) Permit rowdiness, undue noise, or other 3259
disturbances or activity offensive to the average citizen or to 3260
the residents of the neighborhood in which the licensed premises 3261
is located; or 3262
(l) Admit into the licensed premises of a retail 3263
marijuana hospitality and sales business any person who is under 3264
twenty-one (21) years of age. 3265
(3) A retail marijuana hospitality and sales business 3266
licensee shall: 3267
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(a) Track all of its retail marijuana and retail 3268
marijuana products from the point that they are transferred from a 3269
retail marijuana store, retail marijuana products manufacturer, or 3270
retail marijuana cultivation facility to the point of sale to its 3271
patrons; 3272
(b) Limit a patron to one (1) transaction of no more 3273
than the sales limit set by the state licensing authority by rule 3274
pursuant to Section 203(2)(ff)(ii); 3275
(c) Before allowing a patron to leave the licensed 3276
premises with any retail marijuana or retail marijuana products, 3277
package and label the retail marijuana or retail marijuana 3278
products in accordance with procedures developed by the business 3279
that comply with the requirements of Section 203(2)(f) and (3)(b); 3280
(d) Operate the business in a decent, orderly, and 3281
respectable manner; 3282
(e) Require all employees of the business to 3283
successfully complete an annual responsible vendor training 3284
program authorized pursuant to Section 1001; 3285
(f) Ensure that the display and consumption of any 3286
retail marijuana or retail marijuana product is not visible from 3287
outside of the business; 3288
(g) Educate consumers of marijuana by providing 3289
informational materials regarding the safe consumption of 3290
marijuana. Nothing in this paragraph (g) prohibits a local 3291
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jurisdiction from adopting additional requirements for education 3292
on safe consumption; 3293
(h) Maintain a record of all educational materials 3294
required by paragraph (g) of this subsection (3) in the licensed 3295
premises for inspection by state and local licensing authorities 3296
and law enforcement; and 3297
(i) If an emergency requires law enforcement, 3298
firefighters, emergency medical service providers, or other public 3299
safety personnel to enter a retail marijuana hospitality and sales 3300
business, ensure that all employees and patrons of the business 3301
cease all sales, consumption, and other activities until such 3302
personnel have completed their investigation or services and have 3303
left the licensed premises. 3304
(4) A retail marijuana hospitality and sales business and 3305
its employees may remove an individual from the business for any 3306
reason, including a patron who displays any visible signs of 3307
intoxication. 3308
(5) A retail marijuana hospitality and sales business may 3309
purchase retail marijuana or retail marijuana products from any 3310
retail marijuana store, retail marijuana cultivation facility, or 3311
retail marijuana products manufacturer. 3312
511. Retail marijuana accelerator store license. A retail 3313
marijuana accelerator store license may be issued to a social 3314
equity licensee to exercise the privileges of a retail marijuana 3315
store licensee on the premises of an accelerator-endorsed retail 3316
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marijuana store. The retail marijuana accelerator store may 3317
receive technical assistance and financial support from the retail 3318
marijuana store with an accelerator endorsement. 3319
ARTICLE 6 3320
UNLAWFUL ACTS 3321
601. Unlawful acts - exceptions. (1) Except as otherwise 3322
provided in this chapter, it is unlawful for a person, except in 3323
the licensed premises of a marijuana hospitality business licensed 3324
pursuant to Section 509 or a retail marijuana hospitality and 3325
sales business licensed pursuant to Section 510: 3326
(a) To consume regulated marijuana or regulated 3327
marijuana products in a licensed retail marijuana business; or 3328
(b) For a retail marijuana business to allow regulated 3329
marijuana or regulated marijuana products to be consumed upon its 3330
licensed premises. 3331
(2) It is unlawful for a person to: 3332
(a) Buy, sell, transfer, give away, or acquire 3333
regulated marijuana or regulated marijuana products except as 3334
allowed pursuant to this chapter or Section 1 of this act; 3335
(b) Have a controlling beneficial ownership, passive 3336
beneficial ownership, or indirect financial interest in a license 3337
pursuant to this chapter that was not disclosed in accordance with 3338
Section 309; however, this paragraph (b) does not apply to banks 3339
or savings and loan associations supervised and regulated by an 3340
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agency of the state or federal government, or to FHA-approved 3341
mortgagees, or to stockholders, directors, or officers thereof; 3342
(c) Exercise any privilege of a license issued pursuant 3343
to this chapter that the person does not hold; 3344
(d) Exercise any privilege associated with holding a 3345
controlling beneficial ownership, passive beneficial ownership, or 3346
indirect financial interest in a license that was not disclosed in 3347
accordance with Section 309; or 3348
(e) Engage in transfer of ownership without prior 3349
approval as required by this chapter, including but not limited 3350
to: 3351
(i) A proposed transferee operating a retail 3352
marijuana business before a transfer of ownership request for that 3353
business is approved in writing by the state licensing authority; 3354
or 3355
(ii) A current controlling beneficial owner, 3356
passive beneficial owner, or proposed transferor failing to retain 3357
full responsibility for a retail marijuana business identified in 3358
the transfer of ownership application until the transfer request 3359
is approved in writing by the state licensing authority. 3360
(3) It is unlawful for a person licensed pursuant to this 3361
chapter: 3362
(a) To fail to report a transfer required by Section 3363
313(11); 3364
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(b) To knowingly adulterate or alter, or to attempt to 3365
adulterate or alter, any samples of regulated marijuana or 3366
regulated marijuana products for the purpose of circumventing 3367
contaminant testing detection limits or potency testing 3368
requirements; 3369
(c) To use advertising material that is misleading, 3370
deceptive, or false, or that is designed to appeal to minors; 3371
(d) To provide public premises, or any portion thereof, 3372
for the purpose of consumption of regulated marijuana in any form, 3373
except in the licensed premises of a marijuana hospitality 3374
business licensed pursuant to Section 509 or a retail marijuana 3375
hospitality and sales business licensed pursuant to Section 510; 3376
(e) To have in possession or upon the licensed premises 3377
any regulated marijuana, the sale of which is not permitted by the 3378
license, except if it is for purposes of recycling; 3379
(f) To have on the licensed premises any regulated 3380
marijuana or marijuana paraphernalia that shows evidence of the 3381
regulated marijuana having been consumed or partially consumed, 3382
except: 3383
(i) If it is for purposes of recycling; or 3384
(ii) In the licensed premises of a marijuana 3385
hospitality business licensed pursuant to Section 509 or a retail 3386
marijuana hospitality and sales business licensed pursuant to 3387
Section 510; 3388
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(g) To abandon a licensed premises or otherwise cease 3389
operation without notifying the state and local licensing 3390
authorities at least forty-eight hours in advance and without 3391
accounting for and forfeiting to the state licensing authority for 3392
destruction of all regulated marijuana or regulated marijuana 3393
products; 3394
(h) To offer for sale or solicit an order for regulated 3395
marijuana in person except within the licensed premises; 3396
(i) To buy regulated marijuana from a person not 3397
licensed to sell as provided by this chapter; 3398
(j) To sell regulated marijuana except in the permanent 3399
location specifically designated in the license for sale; or 3400
(k) To burn or otherwise destroy regulated marijuana or 3401
any substance containing regulated marijuana for the purpose of 3402
evading an investigation or preventing seizure. 3403
(4) It is unlawful for any person licensed to sell retail 3404
marijuana or retail marijuana products pursuant to this chapter: 3405
(a) To sell or permit the sale of retail marijuana or 3406
retail marijuana products to a person under twenty-one (21) years 3407
of age; or 3408
(b) To distribute marijuana or marijuana products, with 3409
or without remuneration, directly to another person using a mobile 3410
distribution store. 3411
(5) A peace officer or a law enforcement agency shall not 3412
use any patient information to make traffic stops. 3413
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(6) (a) It is unlawful for a person to engage in any act or 3414
omission with the intent to evade disclosure, reporting, record 3415
keeping, or suitability requirements pursuant to this chapter, 3416
including but not limited to the following: 3417
(i) Failing to file a report required under this 3418
chapter or causing or attempting to cause a person to fail to file 3419
such a report; 3420
(ii) Filing or causing or attempting to cause a 3421
person to file a report required under this chapter that contains 3422
a material omission or misstatement of fact; 3423
(iii) Making false or misleading statements 3424
regarding the offering of an owner's interest in a retail 3425
marijuana business; or 3426
(iv) Structuring any transaction with the intent 3427
to evade disclosure, reporting, record keeping, or suitability 3428
requirements pursuant to this chapter. 3429
(b) The state licensing authority may deny, suspend, 3430
revoke, fine, or impose other sanctions against a person's license 3431
issued under this chapter if the state licensing authority finds a 3432
violation of this subsection (6) by the person, the person's 3433
controlling beneficial owner, passive beneficial owner, indirect 3434
financial interest holder, or any agent or employee thereof. 3435
(7) A person who commits any acts that are unlawful pursuant 3436
to this chapter is guilty of a misdemeanor and, upon conviction 3437
thereof, shall be punished by a fine of not more than One Thousand 3438
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Dollars ($1,000.00), or by imprisonment in the county jail for not 3439
more than six (6) months, or both. 3440
602. Unlawful open and public consumption. (1) The open 3441
and public consumption of marijuana is prohibited. 3442
(2) The governing body of a county, municipality, or 3443
municipality and county, may adopt an ordinance authorizing 3444
marijuana consumption locations or circumstances that are 3445
exceptions to the prohibition described in subsection (1) of this 3446
section if the locations are not accessible to the public or a 3447
substantial number of the public without restriction, including 3448
but not limited to restrictions on the age of the members of the 3449
public who are allowed access to such location. 3450
(3) The prohibition in subsection (1) of this section does 3451
not apply to any business licensed pursuant to this chapter that 3452
permits consumption on its premises if the business is operating 3453
within the conditions of licensure. 3454
ARTICLE 7 3455
MARIJUANA CASH FUND AND FEES 3456
701. Marijuana Cash Fund. (1) (a) All money collected by 3457
the state licensing authority pursuant to this chapter shall be 3458
transmitted to the State Treasurer, who shall credit the same to 3459
the Marijuana Cash Fund, which is created as a special fund in the 3460
State Treasury and shall be referred to in this section as the 3461
"fund". The fund consists of: 3462
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(i) The money collected by the state licensing 3463
authority; and 3464
(ii) Any additional money that is transferred or 3465
appropriated to the fund that is necessary for the operation of 3466
the state licensing authority. 3467
(b) Money in the fund is subject to annual 3468
appropriation by the Legislature to the state licensing authority 3469
for the direct and indirect costs associated with implementing 3470
this chapter. 3471
(c) Unexpended amounts remaining in the fund at the end 3472
of a fiscal year shall not lapse into the State General Fund, and 3473
any interest earned or investment earnings on amounts in the fund 3474
shall be deposited to the credit of the fund. 3475
(2) (a) The state licensing authority shall establish fees 3476
for processing the following types of applications, licenses, 3477
notices, or reports required to be submitted to the state 3478
licensing authority: 3479
(i) Applications for licenses listed in Section 3480
401 and rules promulgated pursuant to that section; 3481
(ii) Applications to change location pursuant to 3482
Section 313(13) and rules promulgated pursuant to that section; 3483
(iii) Applications for transfer of ownership 3484
pursuant to Section 312 and rules promulgated pursuant to that 3485
section; 3486
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(iv) License renewal and expired license renewal 3487
applications pursuant to Section 314; and 3488
(v) Licenses as listed in Section 401. 3489
(b) The amounts of such fees must reflect the actual 3490
direct and indirect costs of the state licensing authority in the 3491
administration and enforcement of this chapter. 3492
(c) The state licensing authority may charge applicants 3493
licensed under this chapter a fee for the cost of each fingerprint 3494
analysis and background investigation undertaken to qualify new 3495
officers, directors, managers, or employees. 3496
(d) At least annually, the state licensing authority 3497
shall review the amounts of the fees and, if necessary, adjust the 3498
amounts to reflect the direct and indirect costs of the state 3499
licensing authority. 3500
(4) Except as provided in subsection (5) of this section, 3501
the state licensing authority shall establish a basic fee that 3502
shall be paid at the time of service of any subpoena upon the 3503
state licensing authority, plus a fee for meals and a fee for 3504
mileage at the rate prescribed for state officers and employees in 3505
Section 25-3-41 for each mile actually and necessarily traveled in 3506
going to and returning from the place named in the subpoena. If 3507
the person named in the subpoena is required to attend the place 3508
named in the subpoena for more than one (1) day, there must be 3509
paid, in advance, a sum to be established by the state licensing 3510
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authority for each day of attendance to cover the expenses of the 3511
person named in the subpoena. 3512
(5) The subpoena fee established pursuant to subsection (4) 3513
of this section is not applicable to any federal, state, or local 3514
governmental agency. 3515
702. Fees - allocation. (1) Except as otherwise provided, 3516
all fees and fines provided for by this chapter shall be paid to 3517
the state licensing authority, which shall transmit the fees to 3518
the State Treasurer, who shall credit the fees to the Marijuana 3519
Cash Fund created in Section 701. 3520
(2) The expenditures of the state licensing authority shall 3521
be paid from the Marijuana Cash Fund created in Section 701 upon 3522
appropriation of the Legislature. 3523
703. Fees. (1) The state licensing authority may charge 3524
and collect fees pursuant to this chapter. 3525
(2) The application fee for a retail marijuana business is 3526
Five Thousand Dollars ($5,000.00). The state licensing authority 3527
shall transfer Two Thousand Five Hundred Dollars ($2,500.00) of 3528
the fee to the Marijuana Cash Fund and remit Two Thousand Five 3529
Hundred Dollars ($2,500.00) to the local jurisdiction in which the 3530
license is proposed to be issued. If the state licensing 3531
authority is considering raising the five thousand-dollar 3532
application fee, it shall confer with each local jurisdiction in 3533
which a license pursuant to this chapter is issued prior to 3534
raising the application fee. If the application fee amount is 3535
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changed, it must be split evenly between the Marijuana Cash Fund 3536
and the local jurisdiction in which the license is proposed to be 3537
issued. 3538
(3) A local jurisdiction in which a license under this 3539
chapter may be permitted may adopt and impose operating fees in an 3540
amount determined by the local jurisdiction on marijuana 3541
businesses and establishments located within the local 3542
jurisdiction. 3543
ARTICLE 8 3544
DISCIPLINARY ACTIONS 3545
801. Suspension - revocation - fines. (1) In addition to 3546
any other sanctions prescribed by this chapter or rules 3547
promulgated pursuant to this chapter, the state licensing 3548
authority or local licensing authority has the power, on its own 3549
motion or on complaint, after investigation and opportunity for a 3550
public hearing at which the licensee must be afforded an 3551
opportunity to be heard, to fine a licensee or to suspend or 3552
revoke a license issued by the authority for a violation by the 3553
licensee or by any of the agents or employees of the licensee of 3554
the provisions of this chapter, or any of the rules promulgated 3555
pursuant to this chapter, or of any of the terms, conditions, or 3556
provisions of the license issued by the state or local licensing 3557
authority. The state or local licensing authority has the power 3558
to administer oaths and issue subpoenas to require the presence of 3559
persons and the production of papers, books, and records necessary 3560
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to the determination of a hearing that the state or local 3561
licensing authority is authorized to conduct. 3562
(2) The state or local licensing authority shall provide 3563
notice of suspension, revocation, fine, or other sanction, as well 3564
as the required notice of the hearing pursuant to subsection (1) 3565
of this section, by mailing the same in writing to the licensee at 3566
the address contained in the license and, if different, at the 3567
last address furnished to the authority by the licensee. Except in 3568
the case of a summary suspension, a suspension is not for a period 3569
longer than six (6) months. If a license is suspended or revoked, 3570
a part of the fees paid therefor are not returned to the licensee. 3571
Any license, registration, or permit may be summarily suspended by 3572
the issuing authority without notice pending any prosecution, 3573
investigation or public hearing. 3574
(3) (a) Whenever a decision of the state or local licensing 3575
authority suspending a license for fourteen (14) days or less 3576
becomes final, the licensee may, before the operative date of the 3577
suspension, petition for permission to pay a fine in lieu of 3578
having the license suspended for all or part of the suspension 3579
period. Upon the receipt of the petition, the state or local 3580
licensing authority may, in its sole discretion, stay the proposed 3581
suspension and cause any investigation to be made that it deems 3582
desirable and may, in its sole discretion, grant the petition if 3583
the state or local licensing authority is satisfied that: 3584
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(i) The public welfare would not be impaired by 3585
permitting the licensee to operate during the period set for 3586
suspension and that the payment of the fine will achieve the 3587
desired disciplinary purposes; 3588
(ii) The books and records of the licensee are 3589
kept in such a manner that the loss of sales that the licensee 3590
would have suffered had the suspension gone into effect can be 3591
determined with reasonable accuracy; and 3592
(iii) The licensee has not had his or her license 3593
suspended or revoked, nor had any suspension stayed by payment of 3594
a fine, during the two (2) years immediately preceding the date of 3595
the motion or complaint that resulted in a final decision to 3596
suspend the license or permit. 3597
(b) The fine accepted shall be not less than Five 3598
Hundred Dollars ($500.00) nor more than One Hundred Thousand 3599
Dollars ($100,000,00). 3600
(c) Payment of a fine pursuant to the provisions of 3601
this subsection (3) must be in the form of cash or in the form of 3602
a certified check or cashier's check made payable to the state or 3603
local licensing authority, whichever is appropriate. 3604
(4) Upon payment of the fine pursuant to subsection (3) of 3605
this section, the state licensing authority shall enter its 3606
further order permanently staying the imposition of the 3607
suspension. Fines paid to the state licensing authority pursuant 3608
to subsection (3) of this section shall be transmitted to the 3609
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State Treasurer, who shall deposit the same into the State General 3610
Fund. 3611
(5) In connection with a petition pursuant to subsection (3) 3612
of this section, the authority of the state or local licensing 3613
authority is limited to the granting of such stays as are 3614
necessary for the authority to complete its investigation and make 3615
its findings and, if the authority makes such findings, to the 3616
granting of an order permanently staying the imposition of the 3617
entire suspension or that portion of the suspension not otherwise 3618
conditionally stayed. 3619
(6) If the state or local licensing authority does not make 3620
the findings required in subsection (3)(a) of this section and 3621
does not order the suspension permanently stayed, the suspension 3622
goes into effect on the operative date finally set by the state or 3623
local licensing authority. 3624
(7) Each local licensing authority shall report all actions 3625
taken to impose fines, suspensions, and revocations to the state 3626
licensing authority in a manner required by the state licensing 3627
authority. No later than January 15 of each year, the state 3628
licensing authority shall compile a report of the preceding year's 3629
actions in which fines, suspensions, or revocations were imposed 3630
by the state licensing authority. The state licensing authority 3631
shall file one (1) copy of the report with the Clerk of the House 3632
of Representatives and one (1) copy with the Secretary of the 3633
Senate. 3634
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802. Judicial review. Decisions by the state licensing 3635
authority are subject to judicial review. 3636
803. Disposition of unauthorized marijuana or marijuana 3637
products and related materials - rules. (1) The provisions of 3638
this section apply in addition to any criminal, civil, or 3639
administrative penalties and in addition to any other penalties 3640
prescribed by this chapter or any rules promulgated pursuant to 3641
this chapter. Any provisions in this chapter related to law 3642
enforcement are considered a cumulative right of the people in the 3643
enforcement of the criminal laws. 3644
(2) Every licensee licensed under this chapter is deemed, by 3645
virtue of applying for, holding, or renewing such person's 3646
license, to have expressly consented to the procedures set forth 3647
in this section. 3648
(3) A state or local agency is not required to cultivate or 3649
care for any regulated marijuana or regulated marijuana product 3650
belonging to or seized from a licensee. A state or local agency 3651
is not authorized to sell marijuana, regulated or otherwise. 3652
(4) If the state or local licensing authority issues a final 3653
agency order imposing a disciplinary action against a licensee 3654
pursuant to Section 801, then, in addition to any other remedies, 3655
the licensing authority's final agency order may specify that some 3656
or all of the licensee's marijuana or marijuana product is not 3657
regulated marijuana or a regulated marijuana product and is an 3658
illegal controlled substance. The order may further specify that 3659
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the licensee loses any interest in any of the marijuana or 3660
marijuana product even if the marijuana or marijuana product 3661
previously qualified as regulated marijuana or a regulated 3662
marijuana product. The final agency order may direct the 3663
destruction of any such marijuana and marijuana products, except 3664
as provided in subsections (5) and (6) of this section. The 3665
authorized destruction may include the incidental destruction of 3666
any containers, equipment, supplies, and other property associated 3667
with the marijuana or marijuana product. 3668
(5) Following the issuance of a final agency order by the 3669
state or local licensing authority against a licensee and ordering 3670
destruction authorized by subsection (4) of this section, a 3671
licensee has fifteen (15) days within which to file a petition for 3672
stay of agency action with the Chancery Court of the First 3673
Judicial District of Hinds County, which is deemed to be the 3674
residence of the state licensing authority for purposes of this 3675
section. The licensee shall serve the petition in accordance with 3676
the Mississippi Rules of Civil Procedure. The chancery court 3677
shall promptly rule upon the petition and determine whether the 3678
licensee has a substantial likelihood of success on judicial 3679
review so as to warrant delay of the destruction authorized by 3680
subsection (4) of this section or whether other circumstances, 3681
including but not limited to the need for preservation of 3682
evidence, warrant delay of such destruction. If destruction is so 3683
delayed pursuant to judicial order, the court shall issue an order 3684
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setting forth terms and conditions pursuant to which the licensee 3685
may maintain the regulated marijuana and regulated marijuana 3686
product pending judicial review and prohibiting the licensee from 3687
using or distributing the regulated marijuana or regulated 3688
marijuana product pending the review. The licensing authority 3689
shall not carry out the destruction authorized by subsection (4) 3690
of this section until fifteen (15) days have passed without the 3691
filing of a petition for stay of agency action or until the court 3692
has issued an order denying stay of agency action pursuant to this 3693
subsection (5). 3694
(6) A district attorney shall notify the state licensing 3695
authority if he or she begins investigating a retail marijuana 3696
business. If the state licensing authority has received 3697
notification from a district attorney that an investigation is 3698
being conducted, the state licensing authority shall not destroy 3699
any marijuana or marijuana products from the retail marijuana 3700
business until the destruction is approved by the district 3701
attorney. 3702
(7) The state licensing authority shall promulgate rules 3703
governing the implementation of this section. 3704
ARTICLE 9 3705
INSPECTION OF BOOKS AND RECORDS 3706
901. Inspection procedures. (1) Each licensee shall keep a 3707
complete set of all records necessary to show fully the business 3708
transactions of the licensee, all of which are open at all times 3709
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during business hours for the inspection and examination by the 3710
state licensing authority or its duly authorized representatives. 3711
The state licensing authority may require any licensee to furnish 3712
such information as it considers necessary for the proper 3713
administration of this chapter and may require an audit to be made 3714
of the books of account and records on such occasions as it may 3715
consider necessary by an auditor to be selected by the state 3716
licensing authority who shall likewise have access to all books 3717
and records of the licensee, and the expense thereof must be paid 3718
by the licensee. 3719
(2) The licensed premises, including any places of storage 3720
where regulated marijuana or regulated marijuana products are 3721
stored, cultivated, sold, dispensed, or tested are subject to 3722
inspection by the state or local licensing authority, or local 3723
jurisdictions and their investigators, during all business hours 3724
and other times of apparent activity, for the purpose of 3725
inspection or investigation. Access is required during business 3726
hours for examination of any inventory or books and records 3727
required to be kept by the licensees. When any part of the 3728
licensed premises consists of a locked area, upon demand to the 3729
licensee, such area must be made available for inspection without 3730
delay, and, upon request by authorized representatives of the 3731
state or local jurisdiction, the licensee shall open the area for 3732
inspection. 3733
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(3) Each licensee shall retain all books and records 3734
necessary to show fully the business transactions of the licensee 3735
for a period of the current tax year and the three immediately 3736
prior tax years. 3737
ARTICLE 10 3738
RESPONSIBLE VENDOR STANDARDS 3739
1001. Responsible vendor program - standards - designation. 3740
(1) A person who wants to offer a responsible retail marijuana 3741
vendor server and seller training program must submit an 3742
application to the state licensing authority for approval, which 3743
program is referred to in this Article 10 as an "approved training 3744
program". The state licensing authority shall approve the 3745
submitted program if the submitted program meets the minimum 3746
criteria described in subsection (2) of this section. 3747
(2) An approved training program must contain, at a minimum, 3748
the following standards and be taught in a classroom setting in a 3749
minimum of a two-hour period: 3750
(a) Program standards that specify, at a minimum, who 3751
must attend, the time frame for new staff to attend, 3752
recertification requirements, record keeping, testing and 3753
assessment protocols, and effectiveness evaluations; and 3754
(b) A core curriculum of pertinent statutory and 3755
regulatory provisions, which curriculum includes but need not be 3756
limited to: 3757
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(i) Information on required licenses, age 3758
requirements, maintenance of records, privacy issues, and unlawful 3759
acts; 3760
(ii) Administrative and criminal liability and 3761
license and court sanctions; 3762
(iii) Statutory and regulatory requirements for 3763
employees and owners; 3764
(iv) Statutory and regulatory requirements related 3765
to marijuana delivery; 3766
(v) Acceptable forms of identification; 3767
(vi) Local and state licensing and enforcement, 3768
which may include but need not be limited to key statutes and 3769
rules affecting patients, owners, managers, and employees; and 3770
(vii) Information on serving size, THC and 3771
cannabinoid potency, and impairment. 3772
(3) When promulgating program standards pursuant to 3773
subsection (2) of this section, the state licensing authority 3774
shall consider input from other state agencies, local 3775
jurisdictions, the retail marijuana industry, and any other state 3776
or national server and seller program. 3777
(4) A provider of an approved training program shall 3778
maintain its training records at its principal place of business 3779
during the applicable year and for the preceding three (3) years, 3780
and the provider shall make the records available for inspection 3781
by the licensing authority during normal business hours. 3782
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1002. Responsible vendor - designation. (1) (a) A retail 3783
marijuana business licensed pursuant to this chapter may receive a 3784
responsible vendor designation from the program vendor after 3785
successfully completing a responsible retail marijuana vendor 3786
server and seller training program approved by the state licensing 3787
authority. A responsible vendor designation is valid for two (2) 3788
years from the date of issuance. 3789
(b) Successful completion of an approved training 3790
program is achieved when the program has been attended by and, as 3791
determined by the program provider, satisfactorily completed by 3792
all employees selling and handling retail marijuana, all managers, 3793
and all resident on-site owners, if any. 3794
(c) In order to maintain the responsible vendor 3795
designation, the licensed retail marijuana business must have each 3796
new employee who sells or handles retail marijuana, manager, or 3797
resident on-site owner attend and satisfactorily complete a 3798
responsible retail marijuana vendor server and seller training 3799
program within ninety (90) days after being employed or becoming 3800
an owner. The licensed retail marijuana business shall maintain 3801
documentation of completion of the program by new employees, 3802
managers, or owners. 3803
(2) A licensed retail marijuana business that receives a 3804
responsible vendor designation from the program vendor shall 3805
maintain information on all persons licensed pursuant to this 3806
chapter who are in its employment and who have been trained in an 3807
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approved training program. The information includes the date, 3808
place, time, and duration of training and a list of all licensed 3809
persons attending each specific training class, which class 3810
includes a training examination or assessment that demonstrates 3811
proficiency. 3812
(3) If a local or state licensing authority initiates an 3813
administrative action against a licensee who has complied with the 3814
requirements of this section and has been designated a responsible 3815
vendor, the licensing authority shall consider the designation as 3816
a mitigating factor when imposing sanctions or penalties on the 3817
licensee. 3818
SECTION 3. Section 27-104-203, Mississippi Code of 1972, is 3819
amended as follows: 3820
27-104-203. From and after July 1, 2016, no state agency 3821
shall charge another state agency a fee, assessment, rent, audit 3822
fee, personnel fee or other charge for services or resources 3823
received. The provisions of this section shall not apply (a) to 3824
grants, contracts, pass-through funds, project fees or other 3825
charges for services between state agencies and the Board of 3826
Trustees of State Institutions of Higher Learning, any public 3827
university, the Mississippi Community College Board, any public 3828
community or junior college, and the State Department of 3829
Education, nor (b) to charges for services between the Board of 3830
Trustees of State Institutions of Higher Learning, any public 3831
university, the Mississippi Community College Board, any public 3832
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community or junior college, and the State Department of 3833
Education, nor (c) to federal grants, pass-through funds, cost 3834
allocation charges, surplus property charges or project fees 3835
between state agencies as approved or determined by the State 3836
Fiscal Officer, nor (d) telecommunications, data center services, 3837
and/or other information technology services that are used on an 3838
as-needed basis and those costs shall be passed through to the 3839
using agency, nor (e) to federal grants, special funds, or 3840
pass-through funds, available for payment by state agencies to the 3841
Department of Finance and Administration related to Mississippi 3842
Management and Reporting Systems (MMRS) Statewide Application 3843
charges and utilities as approved or determined by the State 3844
Fiscal Officer, nor (f) to grants, contracts, pass-through funds, 3845
project fees or charges for services between the State Department 3846
of Health and the State Department of Revenue, and other state 3847
agencies or entities, including, but not limited to, the Board of 3848
Trustees of State Institutions of Higher Learning, any public 3849
university, the Mississippi Community College Board, any public 3850
community or junior college, and the State Department of 3851
Education, for the operation of the medical cannabis program as 3852
established by the Mississippi Medical Cannabis Act or the retail 3853
marijuana program as established by the Mississippi Retail 3854
Marijuana Act, nor (g) to charges between the Department of Human 3855
Services and the Department of Child Protection Services for 3856
services or resources received by either department from the 3857
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other. The Board of Trustees of State Institutions of Higher 3858
Learning, any public university, the Mississippi Community College 3859
Board, any public community or junior college, and the State 3860
Department of Education shall retain the authority to charge and 3861
be charged for expenditures that they deemed nonrecurring in 3862
nature by the State Fiscal Officer. 3863
SECTION 4. Section 33-13-520, Mississippi Code of 1972, is 3864
amended as follows: 3865
33-13-520. (1) Any person subject to this code who uses, 3866
while on duty, any controlled substance listed in the Uniform 3867
Controlled Substances Law, not legally prescribed, or is found, by 3868
a chemical analysis of such person's blood or urine, to have in 3869
his blood, while on duty, any controlled substance described in 3870
subsection (3), not legally prescribed, shall be punished as a 3871
court-martial may direct. 3872
(2) Any person subject to this code who wrongfully uses, 3873
possesses, manufactures, distributes, imports into the customs 3874
territory of the United States, exports from the United States, or 3875
introduces into an installation, vessel, vehicle or aircraft used 3876
by or under the control of the state military forces a substance 3877
described in subsection (3) shall be punished as a court-martial 3878
may direct. 3879
(3) The substances referred to in subsections (1) and (2) 3880
are the following: 3881
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(a) Opium, heroin, cocaine, amphetamine, lysergic acid 3882
diethylamide, methamphetamine, phencyclidine, barbituric acid, and 3883
marijuana and any compound or derivative of any such substance. 3884
For the purposes of this paragraph (a), "marijuana" shall not 3885
include medical cannabis that is lawful under the Mississippi 3886
Medical Cannabis Act and in compliance with rules and regulations 3887
adopted thereunder or marijuana that is lawful under the 3888
Mississippi Retail Marijuana Act and in compliance with rules and 3889
regulations adopted thereunder. 3890
(b) Any substance not specified in paragraph (a) that 3891
is listed on a schedule of controlled substance prescribed by the 3892
President for the purposes of the federal Uniform Code of Military 3893
Justice. 3894
(c) Any other substance not specified in paragraph (a) 3895
or contained on a list prescribed by the President under paragraph 3896
(b) that is listed in Schedules I through V of Section 202 of the 3897
federal Controlled Substances Act (21 USCS 812). 3898
SECTION 5. Section 37-11-29, Mississippi Code of 1972, is 3899
amended as follows: 3900
37-11-29. (1) Any principal, teacher or other school 3901
employee who has knowledge of any unlawful activity which occurred 3902
on educational property or during a school related activity or 3903
which may have occurred shall report such activity to the 3904
superintendent of the school district or his designee who shall 3905
notify the appropriate law enforcement officials as required by 3906
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this section. In the event of an emergency or if the 3907
superintendent or his designee is unavailable, any principal may 3908
make a report required under this subsection. 3909
(2) Whenever any person who shall be an enrolled student in 3910
any school or educational institution in this state supported in 3911
whole or in part by public funds, or who shall be an enrolled 3912
student in any private school or educational institution, is 3913
arrested for, and lawfully charged with, the commission of any 3914
crime and convicted upon the charge for which he was arrested, or 3915
convicted of any crime charged against him after his arrest and 3916
before trial, the office or law enforcement department of which 3917
the arresting officer is a member, and the justice court judge and 3918
any circuit judge or court before whom such student is tried upon 3919
said charge or charges, shall make or cause to be made a report 3920
thereof to the superintendent or the president or chancellor, as 3921
the case may be, of the school district or other educational 3922
institution in which such student is enrolled. 3923
If the charge upon which such student was arrested, or any 3924
other charges preferred against him are dismissed or nol prossed, 3925
or if upon trial he is either convicted or acquitted of such 3926
charge or charges, same shall be reported to said respective 3927
superintendent or president, or chancellor, as the case may be. A 3928
copy of said report shall be sent to the Secretary of the Board of 3929
Trustees of State Institutions of Higher Learning of the State of 3930
Mississippi, at Jackson, Mississippi. 3931
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Said report shall be made within one (1) week after the 3932
arrest of such student and within one (1) week after any charge 3933
placed against him is dismissed or nol prossed, and within one (1) 3934
week after he shall have pled guilty, been convicted, or have been 3935
acquitted by trial upon any charge placed against him. This 3936
section shall not apply to ordinary traffic violations involving a 3937
penalty of less than Fifty Dollars ($50.00) and costs. 3938
The State Superintendent of Public Education shall gather 3939
annually all of the reports provided under this section and 3940
prepare a report on the number of students arrested as a result of 3941
any unlawful activity which occurred on educational property or 3942
during a school related activity. All data must be disaggregated 3943
by race, ethnicity, gender, school, offense and law enforcement 3944
agency involved. However, the report prepared by the State 3945
Superintendent of Public Education shall not include the identity 3946
of any student who was arrested. 3947
On or before January 1 of each year, the State Superintendent 3948
of Public Education shall report to the Governor, the Lieutenant 3949
Governor, the Speaker of the House of Representatives and the 3950
Joint PEER Committee on this section. The report must include 3951
data regarding arrests as a result of any unlawful activity which 3952
occurred on educational property or during a school related 3953
activity. 3954
(3) When the superintendent or his designee has a reasonable 3955
belief that an act has occurred on educational property or during 3956
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a school related activity involving any of the offenses set forth 3957
in subsection (6) of this section, the superintendent or his 3958
designee shall immediately report the act to the appropriate local 3959
law enforcement agency. For purposes of this subsection, "school 3960
property" shall include any public school building, bus, public 3961
school campus, grounds, recreational area or athletic field in the 3962
charge of the superintendent. The State Board of Education shall 3963
prescribe a form for making reports required under this 3964
subsection. Any superintendent or his designee who fails to make 3965
a report required by this section shall be subject to the 3966
penalties provided in Section 37-11-35. 3967
(4) The law enforcement authority shall immediately dispatch 3968
an officer to the educational institution and with probable cause 3969
the officer is authorized to make an arrest if necessary as 3970
provided in Section 99-3-7. 3971
(5) Any superintendent, principal, teacher or other school 3972
personnel participating in the making of a required report 3973
pursuant to this section or participating in any judicial 3974
proceeding resulting therefrom shall be presumed to be acting in 3975
good faith. Any person reporting in good faith shall be immune 3976
from any civil liability that might otherwise be incurred or 3977
imposed. 3978
(6) For purposes of this section, "unlawful activity" means 3979
any of the following: 3980
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(a) Possession or use of a deadly weapon, as defined in 3981
Section 97-37-1; 3982
(b) Possession, sale or use of any controlled 3983
substance; 3984
(c) Aggravated assault, as defined in Section 97-3-7; 3985
(d) Simple assault, as defined in Section 97-3-7, upon 3986
any school employee; 3987
(e) Rape, as defined under Mississippi law; 3988
(f) Sexual battery, as defined under Mississippi law; 3989
(g) Murder, as defined under Mississippi law; 3990
(h) Kidnapping, as defined under Mississippi law; or 3991
(i) Fondling, touching, handling, etc., a child for 3992
lustful purposes, as defined in Section 97-5-23. 3993
For the purposes of this subsection (6), the term "controlled 3994
substance" does not include the possession or use of medical 3995
cannabis that is lawful under the Mississippi Medical Cannabis Act 3996
and in compliance with rules and regulations adopted thereunder or 3997
the possession or use of marijuana that is lawful under the 3998
Mississippi Retail Marijuana Act and in compliance with rules and 3999
regulations adopted thereunder. 4000
SECTION 6. Section 41-29-125, Mississippi Code of 1972, is 4001
amended as follows: 4002
41-29-125. (1) The State Board of Pharmacy may promulgate 4003
rules and regulations relating to the registration and control of 4004
the manufacture, distribution and dispensing of controlled 4005
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substances within this state and the distribution and dispensing 4006
of controlled substances into this state from an out-of-state 4007
location. 4008
(a) Every person who manufactures, distributes or 4009
dispenses any controlled substance within this state or who 4010
distributes or dispenses any controlled substance into this state 4011
from an out-of-state location, or who proposes to engage in the 4012
manufacture, distribution or dispensing of any controlled 4013
substance within this state or the distribution or dispensing of 4014
any controlled substance into this state from an out-of-state 4015
location, must obtain a registration issued by the State Board of 4016
Pharmacy, the State Board of Medical Licensure, the State Board of 4017
Dental Examiners, the Mississippi Board of Nursing or the 4018
Mississippi Board of Veterinary Medicine, as appropriate, in 4019
accordance with its rules and the law of this state. Such 4020
registration shall be obtained annually or biennially, as 4021
specified by the issuing board, and a reasonable fee may be 4022
charged by the issuing board for such registration. 4023
(b) Persons registered by the State Board of Pharmacy, 4024
with the consent of the United States Drug Enforcement 4025
Administration and the State Board of Medical Licensure, the State 4026
Board of Dental Examiners, the Mississippi Board of Nursing or the 4027
Mississippi Board of Veterinary Medicine to manufacture, 4028
distribute, dispense or conduct research with controlled 4029
substances may possess, manufacture, distribute, dispense or 4030
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conduct research with those substances to the extent authorized by 4031
their registration and in conformity with the other provisions of 4032
this article. 4033
(c) The following persons need not register and may 4034
lawfully possess controlled substances under this article: 4035
* * *(i) An agent or employee of any registered 4036
manufacturer, distributor or dispenser of any controlled substance 4037
if he is acting in the usual course of his business or employment; 4038
* * *(ii) A common or contract carrier or 4039
warehouse, or an employee thereof, whose possession of any 4040
controlled substance is in the usual course of business or 4041
employment; 4042
* * *(iii) An ultimate user or a person in 4043
possession of any controlled substance pursuant to a valid 4044
prescription or in lawful possession of a Schedule V substance as 4045
defined in Section 41-29-121. 4046
(d) The State Board of Pharmacy may waive by rule the 4047
requirement for registration of certain manufacturers, 4048
distributors or dispensers if it finds it consistent with the 4049
public health and safety. 4050
(e) A separate registration is required at each 4051
principal place of business or professional practice where an 4052
applicant within the state manufactures, distributes or dispenses 4053
controlled substances and for each principal place of business or 4054
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professional practice located out-of-state from which controlled 4055
substances are distributed or dispensed into the state. 4056
(f) The State Board of Pharmacy, the Mississippi Bureau 4057
of Narcotics, the State Board of Medical Licensure, the State 4058
Board of Dental Examiners, the Mississippi Board of Nursing and 4059
the Mississippi Board of Veterinary Medicine may inspect the 4060
establishment of a registrant or applicant for registration in 4061
accordance with the regulations of these agencies as approved by 4062
the board. 4063
(2) Whenever a pharmacy ships, mails or delivers any 4064
Schedule II controlled substance listed in Section 41-29-115 to a 4065
private residence in this state, the pharmacy shall arrange with 4066
the entity that will actually deliver the controlled substance to 4067
a recipient in this state that the entity will: (a) deliver the 4068
controlled substance only to a person who is eighteen (18) years 4069
of age or older; and (b) obtain the signature of that person 4070
before delivering the controlled substance. The requirements of 4071
this subsection shall not apply to a pharmacy serving a nursing 4072
facility or to a pharmacy owned and/or operated by a hospital, 4073
nursing facility or clinic to which the general public does not 4074
have access to purchase pharmaceuticals on a retail basis. 4075
(3) This section does not apply to any of the actions that 4076
are lawful under the Mississippi Medical Cannabis Act and in 4077
compliance with rules and regulations adopted thereunder or any of 4078
the actions that are lawful under the Mississippi Retail Marijuana 4079
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Act and in compliance with rules and regulations adopted 4080
thereunder. 4081
SECTION 7. Section 41-29-127, Mississippi Code of 1972, is 4082
amended as follows: 4083
41-29-127. (a) The State Board of Pharmacy shall register 4084
an applicant to manufacture or distribute controlled substances 4085
included in Sections 41-29-113 through 41-29-121 unless it 4086
determines that the issuance of that registration would be 4087
inconsistent with the public interest. In determining the public 4088
interest, the State Board of Pharmacy shall consider the following 4089
factors: 4090
(1) Maintenance of effective controls against diversion 4091
of controlled substances into other than legitimate medical, 4092
scientific, or industrial channels; 4093
(2) Compliance with applicable state and local law; 4094
(3) Any convictions of the applicant under any federal 4095
and state laws relating to any controlled substance; 4096
(4) Past experience in the manufacture or distribution 4097
of controlled substances and the existence in the applicant's 4098
establishment of effective controls against diversion; 4099
(5) Furnishing by the applicant of false or fraudulent 4100
material in any application filed under this article; 4101
(6) Suspension or revocation of the applicant's federal 4102
registration to manufacture, distribute, or dispense controlled 4103
substances as authorized by federal law; and 4104
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(7) Any other factors relevant to and consistent with 4105
the public health and safety. 4106
(b) Registration under subsection (a) does not entitle a 4107
registrant to manufacture and distribute controlled substances in 4108
Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, 4109
other than those specified in the registration. 4110
(c) Practitioners must be registered to dispense any 4111
controlled substances or to conduct research with controlled 4112
substances in Schedules II through V, as set out in Sections 4113
41-29-115 through 41-29-121, if they are authorized to dispense or 4114
conduct research under the law of this state. The State Board of 4115
Pharmacy need not require separate registration under this section 4116
for practitioners engaging in research with nonnarcotic controlled 4117
substances in the said Schedules II through V where the registrant 4118
is already registered therein in another capacity. Practitioners 4119
registered under federal law to conduct research with Schedule I 4120
substances, as set out in Section 41-29-113, may conduct research 4121
with Schedule I substances within this state upon furnishing the 4122
State Board of Health evidence of that federal registration. 4123
(d) Compliance by manufacturers and distributors with the 4124
provisions of the federal law respecting registration (excluding 4125
fees) entitles them to be registered under this article. 4126
(e) This section does not apply to any of the actions that 4127
are lawful under the Mississippi Medical Cannabis Act and in 4128
compliance with rules and regulations adopted thereunder or any of 4129
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the actions that are lawful under the Mississippi Retail Marijuana 4130
Act and in compliance with rules and regulations adopted 4131
thereunder. 4132
SECTION 8. Section 41-29-136, Mississippi Code of 1972, is 4133
amended as follows: 4134
41-29-136. (1) "CBD solution" means a pharmaceutical 4135
preparation consisting of processed cannabis plant extract in oil 4136
or other suitable vehicle. 4137
(2) (a) CBD solution prepared from (i) cannabis plant 4138
extract that is provided by the National Center for Natural 4139
Products Research at the University of Mississippi under 4140
appropriate federal and state regulatory approvals, or (ii) 4141
cannabis extract from hemp produced pursuant to Sections 69-25-201 4142
through 69-25-221, which is prepared and tested to meet compliance 4143
with regulatory specifications, may be dispensed by the Department 4144
of Pharmacy Services at the University of Mississippi Medical 4145
Center (UMMC Pharmacy) after mixing the extract with a suitable 4146
vehicle. The CBD solution may be prepared by the UMMC Pharmacy or 4147
by another pharmacy or laboratory in the state under appropriate 4148
federal and state regulatory approvals and registrations. 4149
(b) The patient or the patient's parent, guardian or 4150
custodian must execute a hold-harmless agreement that releases 4151
from liability the state and any division, agency, institution or 4152
employee thereof involved in the research, cultivation, 4153
processing, formulating, dispensing, prescribing or administration 4154
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of CBD solution obtained from entities authorized under this 4155
section to produce or possess cannabidiol for research under 4156
appropriate federal and state regulatory approvals and 4157
registrations. 4158
(c) The National Center for Natural Products Research 4159
at the University of Mississippi and the Mississippi Agricultural 4160
and Forestry Experiment Station at Mississippi State University 4161
are the only entities authorized to produce cannabis plants for 4162
cannabidiol research. 4163
(d) Research of CBD solution under this section must 4164
comply with the provisions of Section 41-29-125 regarding lawful 4165
possession of controlled substances, of Section 41-29-137 4166
regarding record-keeping requirements relative to the dispensing, 4167
use or administration of controlled substances, and of Section 4168
41-29-133 regarding inventory requirements, insofar as they are 4169
applicable. Authorized entities may enter into public-private 4170
partnerships to facilitate research. 4171
(3) (a) In a prosecution for the unlawful possession of 4172
marijuana under the laws of this state, it is an affirmative and 4173
complete defense to prosecution that: 4174
(i) The defendant suffered from a debilitating 4175
epileptic condition or related illness and the use or possession 4176
of CBD solution was pursuant to the order of a physician as 4177
authorized under this section; or 4178
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(ii) The defendant is the parent, guardian or 4179
custodian of an individual who suffered from a debilitating 4180
epileptic condition or related illness and the use or possession 4181
of CBD solution was pursuant to the order of a physician as 4182
authorized under this section. 4183
(b) An agency of this state or a political subdivision 4184
thereof, including any law enforcement agency, may not initiate 4185
proceedings to remove a child from the home based solely upon the 4186
possession or use of CBD solution by the child or parent, guardian 4187
or custodian of the child as authorized under this section. 4188
(c) An employee of the state or any division, agency, 4189
institution thereof involved in the research, cultivation, 4190
processing, formulation, dispensing, prescribing or administration 4191
of CBD solution shall not be subject to prosecution for unlawful 4192
possession, use, distribution or prescription of marijuana under 4193
the laws of this state for activities arising from or related to 4194
the use of CBD solution in the treatment of individuals diagnosed 4195
with a debilitating epileptic condition. 4196
(4) This section does not apply to any of the actions that 4197
are lawful under the Mississippi Medical Cannabis Act and in 4198
compliance with rules and regulations adopted thereunder or any of 4199
the actions that are lawful under the Mississippi Retail Marijuana 4200
Act and in compliance with rules and regulations adopted 4201
thereunder. 4202
(5) This section shall be known as "Harper Grace's Law." 4203
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(6) This section shall stand repealed from and after July 1, 4204
2027. 4205
SECTION 9. Section 41-29-137, Mississippi Code of 1972, is 4206
amended as follows: 4207
41-29-137. (a) (1) Except when dispensed directly by a 4208
practitioner, other than a pharmacy, to an ultimate user, no 4209
controlled substance in Schedule II, as set out in Section 4210
41-29-115, may be dispensed without the written valid prescription 4211
of a practitioner. A practitioner shall keep a record of all 4212
controlled substances in Schedule I, II and III administered, 4213
dispensed or professionally used by him otherwise than by 4214
prescription. 4215
(2) In emergency situations, as defined by rule of the 4216
State Board of Pharmacy, Schedule II drugs may be dispensed upon 4217
the oral valid prescription of a practitioner, reduced promptly to 4218
writing and filed by the pharmacy. Prescriptions shall be 4219
retained in conformity with the requirements of Section 41-29-133. 4220
No prescription for a Schedule II substance may be refilled unless 4221
renewed by prescription issued by a licensed medical doctor. 4222
(b) Except when dispensed directly by a practitioner, other 4223
than a pharmacy, to an ultimate user, a controlled substance 4224
included in Schedule III or IV, as set out in Sections 41-29-117 4225
and 41-29-119, shall not be dispensed without a written or oral 4226
valid prescription of a practitioner. The prescription shall not 4227
be filled or refilled more than six (6) months after the date 4228
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thereof or be refilled more than five (5) times, unless renewed by 4229
the practitioner. 4230
(c) A controlled substance included in Schedule V, as set 4231
out in Section 41-29-121, shall not be distributed or dispensed 4232
other than for a medical purpose. 4233
(d) An optometrist certified to prescribe and use 4234
therapeutic pharmaceutical agents under Sections 73-19-153 through 4235
73-19-165 shall have the prescriptive authority granted in Section 4236
73-19-157. 4237
(e) Administration by injection of any pharmaceutical 4238
product authorized in this section is expressly prohibited except 4239
when dispensed directly by a practitioner other than a pharmacy. 4240
(f) (1) For the purposes of this article, Title 73, Chapter 4241
21, and Title 73, Chapter 25, Mississippi Code of 1972, as it 4242
pertains to prescriptions for controlled substances, a "valid 4243
prescription" means a prescription that is issued for a legitimate 4244
medical purpose in the usual course of professional practice by: 4245
(A) A practitioner who has conducted at least one 4246
(1) in-person medical evaluation of the patient, except as 4247
otherwise authorized by Section 41-29-137.1; or 4248
(B) A covering practitioner. 4249
(2) (A) "In-person medical evaluation" means a medical 4250
evaluation that is conducted with the patient in the physical 4251
presence of the practitioner, without regard to whether portions 4252
of the evaluation are conducted by other health professionals. 4253
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(B) "Covering practitioner" means a practitioner 4254
who conducts a medical evaluation other than an in-person medical 4255
evaluation at the request of a practitioner who has conducted at 4256
least one (1) in-person medical evaluation of the patient or an 4257
evaluation of the patient through the practice of telemedicine 4258
within the previous twenty-four (24) months and who is temporarily 4259
unavailable to conduct the evaluation of the patient. 4260
(3) A prescription for a controlled substance based 4261
solely on a consumer's completion of an online medical 4262
questionnaire is not a valid prescription. 4263
(4) Nothing in this subsection (f) shall apply to: 4264
(A) A prescription issued by a practitioner 4265
engaged in the practice of telemedicine as authorized under state 4266
or federal law; or 4267
(B) The dispensing or selling of a controlled 4268
substance pursuant to practices as determined by the United States 4269
Attorney General by regulation. 4270
(g) This section does not apply to any of the actions that 4271
are lawful under the Mississippi Medical Cannabis Act and in 4272
compliance with rules and regulations adopted thereunder or any of 4273
the actions that are lawful under the Mississippi Retail Marijuana 4274
Act and in compliance with rules and regulations adopted 4275
thereunder. 4276
SECTION 10. Section 41-29-139, Mississippi Code of 1972, is 4277
amended as follows: 4278
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41-29-139. (a) Transfer and possession with intent to 4279
transfer. Except as authorized by this article, it is unlawful 4280
for any person knowingly or intentionally: 4281
(1) To sell, barter, transfer, manufacture, distribute, 4282
dispense or possess with intent to sell, barter, transfer, 4283
manufacture, distribute or dispense, a controlled substance; or 4284
(2) To create, sell, barter, transfer, distribute, 4285
dispense or possess with intent to create, sell, barter, transfer, 4286
distribute or dispense, a counterfeit substance. 4287
(b) Punishment for transfer and possession with intent to 4288
transfer. Except as otherwise provided in Section 41-29-142, any 4289
person who violates subsection (a) of this section shall be, if 4290
convicted, sentenced as follows: 4291
(1) For controlled substances classified in Schedule I 4292
or II, as set out in Sections 41-29-113 and 41-29-115, other than 4293
marijuana or synthetic cannabinoids: 4294
(A) If less than two (2) grams or ten (10) dosage 4295
units, by imprisonment for not more than eight (8) years or a fine 4296
of not more than Fifty Thousand Dollars ($50,000.00), or both. 4297
(B) If two (2) or more grams or ten (10) or more 4298
dosage units, but less than ten (10) grams or twenty (20) dosage 4299
units, by imprisonment for not less than three (3) years nor more 4300
than twenty (20) years or a fine of not more than Two Hundred 4301
Fifty Thousand Dollars ($250,000.00), or both. 4302
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(C) If ten (10) or more grams or twenty (20) or 4303
more dosage units, but less than thirty (30) grams or forty (40) 4304
dosage units, by imprisonment for not less than five (5) years nor 4305
more than thirty (30) years or a fine of not more than Five 4306
Hundred Thousand Dollars ($500,000.00), or both. 4307
(2) (A) For marijuana: 4308
1. If thirty (30) grams or less, by 4309
imprisonment for not more than three (3) years or a fine of not 4310
more than Three Thousand Dollars ($3,000.00), or both; 4311
2. If more than thirty (30) grams but less 4312
than two hundred fifty (250) grams, by imprisonment for not more 4313
than five (5) years or a fine of not more than Five Thousand 4314
Dollars ($5,000.00), or both; 4315
3. If two hundred fifty (250) or more grams 4316
but less than five hundred (500) grams, by imprisonment for not 4317
less than three (3) years nor more than ten (10) years or a fine 4318
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 4319
4. If five hundred (500) or more grams but 4320
less than one (1) kilogram, by imprisonment for not less than five 4321
(5) years nor more than twenty (20) years or a fine of not more 4322
than Twenty Thousand Dollars ($20,000.00), or both. 4323
(B) For synthetic cannabinoids: 4324
1. If ten (10) grams or less, by imprisonment 4325
for not more than three (3) years or a fine of not more than Three 4326
Thousand Dollars ($3,000.00), or both; 4327
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2. If more than ten (10) grams but less than 4328
twenty (20) grams, by imprisonment for not more than five (5) 4329
years or a fine of not more than Five Thousand Dollars 4330
($5,000.00), or both; 4331
3. If twenty (20) or more grams but less than 4332
forty (40) grams, by imprisonment for not less than three (3) 4333
years nor more than ten (10) years or a fine of not more than 4334
Fifteen Thousand Dollars ($15,000.00), or both; 4335
4. If forty (40) or more grams but less than 4336
two hundred (200) grams, by imprisonment for not less than five 4337
(5) years nor more than twenty (20) years or a fine of not more 4338
than Twenty Thousand Dollars ($20,000.00), or both. 4339
(3) For controlled substances classified in Schedules 4340
III and IV, as set out in Sections 41-29-117 and 41-29-119: 4341
(A) If less than two (2) grams or ten (10) dosage 4342
units, by imprisonment for not more than five (5) years or a fine 4343
of not more than Five Thousand Dollars ($5,000.00), or both; 4344
(B) If two (2) or more grams or ten (10) or more 4345
dosage units, but less than ten (10) grams or twenty (20) dosage 4346
units, by imprisonment for not more than eight (8) years or a fine 4347
of not more than Fifty Thousand Dollars ($50,000.00), or both; 4348
(C) If ten (10) or more grams or twenty (20) or 4349
more dosage units, but less than thirty (30) grams or forty (40) 4350
dosage units, by imprisonment for not more than fifteen (15) years 4351
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or a fine of not more than One Hundred Thousand Dollars 4352
($100,000.00), or both; 4353
(D) If thirty (30) or more grams or forty (40) or 4354
more dosage units, but less than five hundred (500) grams or two 4355
thousand five hundred (2,500) dosage units, by imprisonment for 4356
not more than twenty (20) years or a fine of not more than Two 4357
Hundred Fifty Thousand Dollars ($250,000.00), or both. 4358
(4) For controlled substances classified in Schedule V, 4359
as set out in Section 41-29-121: 4360
(A) If less than two (2) grams or ten (10) dosage 4361
units, by imprisonment for not more than one (1) year or a fine of 4362
not more than Five Thousand Dollars ($5,000.00), or both; 4363
(B) If two (2) or more grams or ten (10) or more 4364
dosage units, but less than ten (10) grams or twenty (20) dosage 4365
units, by imprisonment for not more than five (5) years or a fine 4366
of not more than Ten Thousand Dollars ($10,000.00), or both; 4367
(C) If ten (10) or more grams or twenty (20) or 4368
more dosage units, but less than thirty (30) grams or forty (40) 4369
dosage units, by imprisonment for not more than ten (10) years or 4370
a fine of not more than Twenty Thousand Dollars ($20,000.00), or 4371
both; 4372
(D) For thirty (30) or more grams or forty (40) or 4373
more dosage units, but less than five hundred (500) grams or two 4374
thousand five hundred (2,500) dosage units, by imprisonment for 4375
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not more than fifteen (15) years or a fine of not more than Fifty 4376
Thousand Dollars ($50,000.00), or both. 4377
(c) Simple possession. Except as otherwise provided under 4378
subsection (i) of this section for actions that are lawful under 4379
the Mississippi Medical Cannabis Act and in compliance with rules 4380
and regulations adopted thereunder or actions that are lawful 4381
under the Mississippi Retail Marijuana Act and in compliance with 4382
rules and regulations adopted thereunder, it is unlawful for any 4383
person knowingly or intentionally to possess any controlled 4384
substance unless the substance was obtained directly from, or 4385
pursuant to, a valid prescription or order of a practitioner while 4386
acting in the course of his professional practice, or except as 4387
otherwise authorized by this article. The penalties for any 4388
violation of this subsection (c) with respect to a controlled 4389
substance classified in Schedules I, II, III, IV or V, as set out 4390
in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 4391
41-29-121, including marijuana or synthetic cannabinoids, shall be 4392
based on dosage unit as defined herein or the weight of the 4393
controlled substance as set forth herein as appropriate: 4394
"Dosage unit (d.u.)" means a tablet or capsule, or in the 4395
case of a liquid solution, one (1) milliliter. In the case of 4396
lysergic acid diethylamide (LSD) the term, "dosage unit" means a 4397
stamp, square, dot, microdot, tablet or capsule of a controlled 4398
substance. 4399
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For any controlled substance that does not fall within the 4400
definition of the term "dosage unit," the penalties shall be based 4401
upon the weight of the controlled substance. 4402
The weight set forth refers to the entire weight of any 4403
mixture or substance containing a detectable amount of the 4404
controlled substance. 4405
If a mixture or substance contains more than one (1) 4406
controlled substance, the weight of the mixture or substance is 4407
assigned to the controlled substance that results in the greater 4408
punishment. 4409
A person shall be charged and sentenced as follows for a 4410
violation of this subsection with respect to: 4411
(1) A controlled substance classified in Schedule I or 4412
II, except marijuana and synthetic cannabinoids: 4413
(A) If less than one-tenth (0.1) gram or two (2) 4414
dosage units, the violation is a misdemeanor and punishable by 4415
imprisonment for not more than one (1) year or a fine of not more 4416
than One Thousand Dollars ($1,000.00), or both. 4417
(B) If one-tenth (0.1) gram or more or two (2) or 4418
more dosage units, but less than two (2) grams or ten (10) dosage 4419
units, by imprisonment for not more than three (3) years or a fine 4420
of not more than Fifty Thousand Dollars ($50,000.00), or both. 4421
(C) If two (2) or more grams or ten (10) or more 4422
dosage units, but less than ten (10) grams or twenty (20) dosage 4423
units, by imprisonment for not more than eight (8) years or a fine 4424
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of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 4425
or both. 4426
(D) If ten (10) or more grams or twenty (20) or 4427
more dosage units, but less than thirty (30) grams or forty (40) 4428
dosage units, by imprisonment for not less than three (3) years 4429
nor more than twenty (20) years or a fine of not more than Five 4430
Hundred Thousand Dollars ($500,000.00), or both. 4431
(2) (A) Marijuana and synthetic cannabinoids: 4432
1. If thirty (30) grams or less of marijuana 4433
or ten (10) grams or less of synthetic cannabinoids, by a fine of 4434
not less than One Hundred Dollars ($100.00) nor more than Two 4435
Hundred Fifty Dollars ($250.00). The provisions of this paragraph 4436
(2)(A) may be enforceable by summons if the offender provides 4437
proof of identity satisfactory to the arresting officer and gives 4438
written promise to appear in court satisfactory to the arresting 4439
officer, as directed by the summons. A second conviction under 4440
this section within two (2) years is a misdemeanor punishable by a 4441
fine of Two Hundred Fifty Dollars ($250.00), not more than sixty 4442
(60) days in the county jail, and mandatory participation in a 4443
drug education program approved by the Division of Alcohol and 4444
Drug Abuse of the State Department of Mental Health, unless the 4445
court enters a written finding that a drug education program is 4446
inappropriate. A third or subsequent conviction under this 4447
paragraph (2)(A) within two (2) years is a misdemeanor punishable 4448
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 4449
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more than One Thousand Dollars ($1,000.00) and confinement for not 4450
more than six (6) months in the county jail. 4451
Upon a first or second conviction under this paragraph 4452
(2)(A), the courts shall forward a report of the conviction to the 4453
Mississippi Bureau of Narcotics which shall make and maintain a 4454
private, nonpublic record for a period not to exceed two (2) years 4455
from the date of conviction. The private, nonpublic record shall 4456
be solely for the use of the courts in determining the penalties 4457
which attach upon conviction under this paragraph (2)(A) and shall 4458
not constitute a criminal record for the purpose of private or 4459
administrative inquiry and the record of each conviction shall be 4460
expunged at the end of the period of two (2) years following the 4461
date of such conviction; 4462
2. Additionally, a person who is the operator 4463
of a motor vehicle, who possesses on his person or knowingly keeps 4464
or allows to be kept in a motor vehicle within the area of the 4465
vehicle normally occupied by the driver or passengers, more than 4466
one (1) gram, but not more than thirty (30) grams of marijuana or 4467
not more than ten (10) grams of synthetic cannabinoids is guilty 4468
of a misdemeanor and, upon conviction, may be fined not more than 4469
One Thousand Dollars ($1,000.00) or confined for not more than 4470
ninety (90) days in the county jail, or both. For the purposes of 4471
this subsection, such area of the vehicle shall not include the 4472
trunk of the motor vehicle or the areas not normally occupied by 4473
the driver or passengers if the vehicle is not equipped with a 4474
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trunk. A utility or glove compartment shall be deemed to be 4475
within the area occupied by the driver and passengers. 4476
(B) Marijuana: 4477
1. If more than thirty (30) grams but less 4478
than two hundred fifty (250) grams, by a fine of not more than One 4479
Thousand Dollars ($1,000.00), or confinement in the county jail 4480
for not more than one (1) year, or both; or by a fine of not more 4481
than Three Thousand Dollars ($3,000.00), or imprisonment in the 4482
custody of the Department of Corrections for not more than three 4483
(3) years, or both; 4484
2. If two hundred fifty (250) or more grams 4485
but less than five hundred (500) grams, by imprisonment for not 4486
less than two (2) years nor more than eight (8) years or by a fine 4487
of not more than Fifty Thousand Dollars ($50,000.00), or both; 4488
3. If five hundred (500) or more grams but 4489
less than one (1) kilogram, by imprisonment for not less than four 4490
(4) years nor more than sixteen (16) years or a fine of not more 4491
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 4492
4. If one (1) kilogram or more but less than 4493
five (5) kilograms, by imprisonment for not less than six (6) 4494
years nor more than twenty-four (24) years or a fine of not more 4495
than Five Hundred Thousand Dollars ($500,000.00), or both; 4496
5. If five (5) kilograms or more, by 4497
imprisonment for not less than ten (10) years nor more than thirty 4498
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(30) years or a fine of not more than One Million Dollars 4499
($1,000,000.00), or both. 4500
(C) Synthetic cannabinoids: 4501
1. If more than ten (10) grams but less than 4502
twenty (20) grams, by a fine of not more than One Thousand Dollars 4503
($1,000.00), or confinement in the county jail for not more than 4504
one (1) year, or both; or by a fine of not more than Three 4505
Thousand Dollars ($3,000.00), or imprisonment in the custody of 4506
the Department of Corrections for not more than three (3) years, 4507
or both; 4508
2. If twenty (20) or more grams but less than 4509
forty (40) grams, by imprisonment for not less than two (2) years 4510
nor more than eight (8) years or by a fine of not more than Fifty 4511
Thousand Dollars ($50,000.00), or both; 4512
3. If forty (40) or more grams but less than 4513
two hundred (200) grams, by imprisonment for not less than four 4514
(4) years nor more than sixteen (16) years or a fine of not more 4515
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 4516
4. If two hundred (200) or more grams, by 4517
imprisonment for not less than six (6) years nor more than 4518
twenty-four (24) years or a fine of not more than Five Hundred 4519
Thousand Dollars ($500,000.00), or both. 4520
(3) A controlled substance classified in Schedule III, 4521
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 4522
conviction, may be punished as follows: 4523
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(A) If less than fifty (50) grams or less than one 4524
hundred (100) dosage units, the offense is a misdemeanor and 4525
punishable by not more than one (1) year or a fine of not more 4526
than One Thousand Dollars ($1,000.00), or both. 4527
(B) If fifty (50) or more grams or one hundred 4528
(100) or more dosage units, but less than one hundred fifty (150) 4529
grams or five hundred (500) dosage units, by imprisonment for not 4530
less than one (1) year nor more than four (4) years or a fine of 4531
not more than Ten Thousand Dollars ($10,000.00), or both. 4532
(C) If one hundred fifty (150) or more grams or 4533
five hundred (500) or more dosage units, but less than three 4534
hundred (300) grams or one thousand (1,000) dosage units, by 4535
imprisonment for not less than two (2) years nor more than eight 4536
(8) years or a fine of not more than Fifty Thousand Dollars 4537
($50,000.00), or both. 4538
(D) If three hundred (300) or more grams or one 4539
thousand (1,000) or more dosage units, but less than five hundred 4540
(500) grams or two thousand five hundred (2,500) dosage units, by 4541
imprisonment for not less than four (4) years nor more than 4542
sixteen (16) years or a fine of not more than Two Hundred Fifty 4543
Thousand Dollars ($250,000.00), or both. 4544
(d) Paraphernalia. (1) Except as otherwise provided under 4545
subsection (i) of this section for actions that are lawful under 4546
the Mississippi Medical Cannabis Act and in compliance with rules 4547
and regulations adopted thereunder or actions that are lawful 4548
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under the Mississippi Retail Marijuana Act and in compliance with 4549
rules and regulations adopted thereunder, it is unlawful for a 4550
person who is not authorized by the State Board of Medical 4551
Licensure, State Board of Pharmacy, or other lawful authority to 4552
use, or to possess with intent to use, paraphernalia to plant, 4553
propagate, cultivate, grow, harvest, manufacture, compound, 4554
convert, produce, process, prepare, test, analyze, pack, repack, 4555
store, contain, conceal, inject, ingest, inhale or otherwise 4556
introduce into the human body a controlled substance in violation 4557
of the Uniform Controlled Substances Law. Any person who violates 4558
this subsection (d)(1) is guilty of a misdemeanor and, upon 4559
conviction, may be confined in the county jail for not more than 4560
six (6) months, or fined not more than Five Hundred Dollars 4561
($500.00), or both; however, no person shall be charged with a 4562
violation of this subsection when such person is also charged with 4563
the possession of thirty (30) grams or less of marijuana under 4564
subsection (c)(2)(A) of this section. 4565
(2) It is unlawful for any person to deliver, sell, 4566
possess with intent to deliver or sell, or manufacture with intent 4567
to deliver or sell, paraphernalia, knowing, or under circumstances 4568
where one reasonably should know, that it will be used to plant, 4569
propagate, cultivate, grow, harvest, manufacture, compound, 4570
convert, produce, process, prepare, test, analyze, pack, repack, 4571
store, contain, conceal, inject, ingest, inhale, or otherwise 4572
introduce into the human body a controlled substance in violation 4573
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of the Uniform Controlled Substances Law. Except as provided in 4574
subsection (d)(3), a person who violates this subsection (d)(2) is 4575
guilty of a misdemeanor and, upon conviction, may be confined in 4576
the county jail for not more than six (6) months, or fined not 4577
more than Five Hundred Dollars ($500.00), or both. 4578
(3) Any person eighteen (18) years of age or over who 4579
violates subsection (d)(2) of this section by delivering or 4580
selling paraphernalia to a person under eighteen (18) years of age 4581
who is at least three (3) years his junior is guilty of a 4582
misdemeanor and, upon conviction, may be confined in the county 4583
jail for not more than one (1) year, or fined not more than One 4584
Thousand Dollars ($1,000.00), or both. 4585
(4) It is unlawful for any person to place in any 4586
newspaper, magazine, handbill, or other publication any 4587
advertisement, knowing, or under circumstances where one 4588
reasonably should know, that the purpose of the advertisement, in 4589
whole or in part, is to promote the sale of objects designed or 4590
intended for use as paraphernalia. Any person who violates this 4591
subsection is guilty of a misdemeanor and, upon conviction, may be 4592
confined in the county jail for not more than six (6) months, or 4593
fined not more than Five Hundred Dollars ($500.00), or both. 4594
(e) It shall be unlawful for any physician practicing 4595
medicine in this state to prescribe, dispense or administer any 4596
amphetamine or amphetamine-like anorectics and/or central nervous 4597
system stimulants classified in Schedule II, pursuant to Section 4598
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41-29-115, for the exclusive treatment of obesity, weight control 4599
or weight loss. Any person who violates this subsection, upon 4600
conviction, is guilty of a misdemeanor and may be confined for a 4601
period not to exceed six (6) months, or fined not more than One 4602
Thousand Dollars ($1,000.00), or both. 4603
(f) Trafficking. (1) Any person trafficking in controlled 4604
substances shall be guilty of a felony and, upon conviction, shall 4605
be imprisoned for a term of not less than ten (10) years nor more 4606
than forty (40) years and shall be fined not less than Five 4607
Thousand Dollars ($5,000.00) nor more than One Million Dollars 4608
($1,000,000.00). The ten-year mandatory sentence shall not be 4609
reduced or suspended. The person shall not be eligible for 4610
probation or parole, the provisions of Sections 41-29-149, 4611
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 4612
(2) "Trafficking in controlled substances" as used 4613
herein means: 4614
(A) A violation of subsection (a) of this section 4615
involving thirty (30) or more grams or forty (40) or more dosage 4616
units of a Schedule I or II controlled substance except marijuana 4617
and synthetic cannabinoids; 4618
(B) A violation of subsection (a) of this section 4619
involving five hundred (500) or more grams or two thousand five 4620
hundred (2,500) or more dosage units of a Schedule III, IV or V 4621
controlled substance; 4622
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(C) A violation of subsection (c) of this section 4623
involving thirty (30) or more grams or forty (40) or more dosage 4624
units of a Schedule I or II controlled substance except marijuana 4625
and synthetic cannabinoids; 4626
(D) A violation of subsection (c) of this section 4627
involving five hundred (500) or more grams or two thousand five 4628
hundred (2,500) or more dosage units of a Schedule III, IV or V 4629
controlled substance; or 4630
(E) A violation of subsection (a) of this section 4631
involving one (1) kilogram or more of marijuana or two hundred 4632
(200) grams or more of synthetic cannabinoids. 4633
(g) Aggravated trafficking. Any person trafficking in 4634
Schedule I or II controlled substances, except marijuana and 4635
synthetic cannabinoids, of two hundred (200) grams or more shall 4636
be guilty of aggravated trafficking and, upon conviction, shall be 4637
sentenced to a term of not less than twenty-five (25) years nor 4638
more than life in prison and shall be fined not less than Five 4639
Thousand Dollars ($5,000.00) nor more than One Million Dollars 4640
($1,000,000.00). The twenty-five-year sentence shall be a 4641
mandatory sentence and shall not be reduced or suspended. The 4642
person shall not be eligible for probation or parole, the 4643
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 4644
the contrary notwithstanding. 4645
(h) Sentence mitigation. (1) Notwithstanding any provision 4646
of this section, a person who has been convicted of an offense 4647
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under this section that requires the judge to impose a prison 4648
sentence which cannot be suspended or reduced and is ineligible 4649
for probation or parole may, at the discretion of the court, 4650
receive a sentence of imprisonment that is no less than 4651
twenty-five percent (25%) of the sentence prescribed by the 4652
applicable statute. In considering whether to apply the departure 4653
from the sentence prescribed, the court shall conclude that: 4654
(A) The offender was not a leader of the criminal 4655
enterprise; 4656
(B) The offender did not use violence or a weapon 4657
during the crime; 4658
(C) The offense did not result in a death or 4659
serious bodily injury of a person not a party to the criminal 4660
enterprise; and 4661
(D) The interests of justice are not served by the 4662
imposition of the prescribed mandatory sentence. 4663
The court may also consider whether information and 4664
assistance were furnished to a law enforcement agency, or its 4665
designee, which, in the opinion of the trial judge, objectively 4666
should or would have aided in the arrest or prosecution of others 4667
who violate this subsection. The accused shall have adequate 4668
opportunity to develop and make a record of all information and 4669
assistance so furnished. 4670
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(2) If the court reduces the prescribed sentence 4671
pursuant to this subsection, it must specify on the record the 4672
circumstances warranting the departure. 4673
(i) This section does not apply to any of the actions that 4674
are lawful under the Mississippi Medical Cannabis Act and in 4675
compliance with rules and regulations adopted thereunder or 4676
actions that are lawful under the Mississippi Retail Marijuana Act 4677
and in compliance with rules and regulations adopted thereunder. 4678
SECTION 11. Section 41-29-141, Mississippi Code of 1972, is 4679
amended as follows: 4680
41-29-141. It is unlawful for any person: 4681
(1) Who is subject to Section 41-29-125 to distribute 4682
or dispense a controlled substance in violation of Section 4683
41-29-137; 4684
(2) Who is a registrant under Section 41-29-125 to 4685
manufacture a controlled substance not authorized by his 4686
registration, or to distribute or dispense a controlled substance 4687
not authorized by his registration to another registrant or other 4688
authorized person; 4689
(3) To refuse or fail to make, keep or furnish any 4690
record, notification, order form, statement, invoice or 4691
information required under this article; 4692
(4) To refuse a lawful entry into any premises for any 4693
inspection authorized by this article; or 4694
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(5) Knowingly to keep or maintain any store, shop, 4695
warehouse, dwelling, building, vehicle, boat, aircraft, or other 4696
structure or place, which is resorted to by persons using 4697
controlled substances in violation of this article for the purpose 4698
of using these substances, or which is used for keeping or selling 4699
them in violation of this article. 4700
Any person who violates this section shall, with respect to 4701
such violation, be subject to a civil penalty payable to the State 4702
of Mississippi of not more than Twenty-five Thousand Dollars 4703
($25,000.00). 4704
In addition to the civil penalty provided in the preceding 4705
paragraph, any person who knowingly or intentionally violates this 4706
section shall be guilty of a crime and upon conviction thereof may 4707
be confined for a period of not more than one (1) year or fined 4708
not more than One Thousand Dollars ($1,000.00), or both. 4709
This section does not apply to any of the actions that are 4710
lawful under the Mississippi Medical Cannabis Act and in 4711
compliance with rules and regulations adopted thereunder or 4712
actions that are lawful under the Mississippi Retail Marijuana Act 4713
and in compliance with rules and regulations adopted thereunder. 4714
SECTION 12. Section 41-29-143, Mississippi Code of 1972, is 4715
amended as follows: 4716
41-29-143. It is unlawful for any person knowingly or 4717
intentionally: 4718
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(1) To distribute as a registrant a controlled 4719
substance classified in Schedule I or II, as set out in Sections 4720
41-29-113 and 41-29-115, except pursuant to an order form as 4721
required by Section 41-29-135; 4722
(2) To use in the course of the manufacture or 4723
distribution of a controlled substance a registration number which 4724
is fictitious, revoked, suspended, or issued to another person; 4725
(3) To furnish false or fraudulent material information 4726
in, or omit any material information from, any application, 4727
report, or other document required to be kept or filed under this 4728
article, or any record required to be kept by this article; or 4729
(4) To make, distribute, or possess any punch, die, 4730
plate, stone, or other thing designed to print, imprint, or 4731
reproduce the trademark, trade name, or other identifying mark, 4732
imprint or device of another or any likeness of any of the 4733
foregoing upon any drug or container or labeling thereof so as to 4734
render the drug a counterfeit substance. 4735
Any person who violates this section is guilty of a crime and 4736
upon conviction may be confined for not more than one (1) year or 4737
fined not more than One Thousand Dollars ($1,000.00) or both.4738
This section does not apply to any of the actions that are 4739
lawful under the Mississippi Medical Cannabis Act and in 4740
compliance with rules and regulations adopted thereunder or any of 4741
the actions that are lawful under the Mississippi Retail Marijuana 4742
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Act and in compliance with rules and regulations adopted 4743
thereunder. 4744
SECTION 13. Section 59-23-7, Mississippi Code of 1972, is 4745
amended as follows: 4746
59-23-7. (1) It is unlawful for any person to operate a 4747
watercraft on the public waters of this state who: 4748
(a) Is under the influence of intoxicating liquor; 4749
(b) Is under the influence of any other substance which 4750
has impaired such person's ability to operate a watercraft; or 4751
(c) Has eight one-hundredths percent (.08%) or more by 4752
weight volume of alcohol in the person's blood based upon 4753
milligrams of alcohol per one hundred (100) cubic centimeters of 4754
blood as shown by a chemical analysis of such person's breath, 4755
blood or urine administered as authorized by this chapter. 4756
(2) (a) Upon conviction of any person for the first offense 4757
of violating subsection (1) of this section where chemical tests 4758
provided for under Section 59-23-5 were given, or where chemical 4759
test results are not available, such person shall be fined not 4760
less than Two Hundred Fifty Dollars ($250.00) nor more than One 4761
Thousand Dollars ($1,000.00), or imprisoned for not more than 4762
twenty-four (24) hours in jail, or both; and the court shall order 4763
such person to attend and complete a boating safety education 4764
course developed by the Department of Wildlife, Fisheries and 4765
Parks. 4766
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(b) Upon any second conviction of any person violating 4767
subsection (1) of this section, the offenses being committed 4768
within a period of five (5) years, the person shall be fined not 4769
less than Six Hundred Dollars ($600.00) nor more than One Thousand 4770
Dollars ($1,000.00) and shall be imprisoned not less than 4771
forty-eight (48) consecutive hours nor more than one (1) year or 4772
sentenced to community service work for not less than ten (10) 4773
days nor more than one (1) year. The court shall order the person 4774
not to operate a watercraft for one (1) year. 4775
(c) For any third conviction of any person violating 4776
subsection (1) of this section, the offenses being committed 4777
within a period of five (5) years, the person shall be fined not 4778
less than Eight Hundred Dollars ($800.00) nor more than One 4779
Thousand Dollars ($1,000.00) and shall be imprisoned not less than 4780
thirty (30) days nor more than one (1) year. The court shall 4781
order the person not to operate a watercraft for two (2) years. 4782
(d) Any fourth or subsequent violation of subsection 4783
(1) of this section shall be a felony offense and, upon 4784
conviction, the offenses being committed within a period of five 4785
(5) years, the person shall be fined not less than Two Thousand 4786
Dollars ($2,000.00) nor more than Five Thousand Dollars 4787
($5,000.00) and shall be imprisoned not less than ninety (90) days 4788
nor more than five (5) years in the custody of the Department of 4789
Corrections. The court shall order the person not to operate a 4790
watercraft for three (3) years. 4791
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(3) Any person convicted of operating any watercraft in 4792
violation of subsection (1) of this section where the person (a) 4793
refused a law enforcement officer's request to submit to a 4794
chemical test, or (b) was unconscious at the time of a chemical 4795
test and refused to consent to the introduction of the results of 4796
such test in any prosecution, shall be punished consistent with 4797
the penalties prescribed herein for persons submitting to the test 4798
and the court shall order the person not to operate a watercraft 4799
for the time periods specified in subsection (2) of this section. 4800
(4) Any person who operates any watercraft in violation of 4801
the provisions of subsection (1) of this section and who in a 4802
negligent manner causes the death of another or mutilates, 4803
disfigures, permanently disables or destroys the tongue, eye, lip, 4804
nose or any other member or limb of another shall, upon 4805
conviction, be guilty of a felony and shall be committed to the 4806
custody of the Department of Corrections for a period of time not 4807
to exceed ten (10) years. 4808
(5) Upon conviction of any violation of subsection (1) of 4809
this section, the judge shall cause a copy of the citation and any 4810
other pertinent documents concerning the conviction to be sent 4811
immediately to the Mississippi Department of Wildlife, Fisheries 4812
and Parks and the Department of Marine Resources. A copy of the 4813
citation or other pertinent documents, having been attested as 4814
true and correct by the Director of the Mississippi Department of 4815
Wildlife, Fisheries and Parks, or his designee, or the Director of 4816
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the Department of Marine Resources, or his designee, shall be 4817
sufficient proof of the conviction for purposes of determining the 4818
enhanced penalty for any subsequent convictions of violations of 4819
subsection (1) of this section. 4820
(6) The provisions of this section are fully applicable to 4821
any person who is under the influence of medical cannabis that is 4822
lawful under the Mississippi Medical Cannabis Act and in 4823
compliance with rules and regulations adopted thereunder or 4824
marijuana that is lawful under the Mississippi Retail Marijuana 4825
Act and in compliance with rules and regulations adopted 4826
thereunder which has impaired the person's ability to operate a 4827
watercraft. 4828
SECTION 14. Section 63-11-30, Mississippi Code of 1972, is 4829
amended as follows: 4830
63-11-30. (1) It is unlawful for a person to drive or 4831
otherwise operate a vehicle within this state if the person: 4832
(a) Is under the influence of intoxicating liquor; 4833
(b) Is under the influence of any other substance that 4834
has impaired the person's ability to operate a motor vehicle; 4835
(c) Is under the influence of any drug or controlled 4836
substance, the possession of which is unlawful under the 4837
Mississippi Controlled Substances Law; or 4838
(d) Has an alcohol concentration in the person's blood, 4839
based upon grams of alcohol per one hundred (100) milliliters of 4840
blood, or grams of alcohol per two hundred ten (210) liters of 4841
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breath, as shown by a chemical analysis of the person's breath, 4842
blood or urine administered as authorized by this chapter, of: 4843
(i) Eight one-hundredths percent (.08%) or more 4844
for a person who is above the legal age to purchase alcoholic 4845
beverages under state law; 4846
(ii) Two one-hundredths percent (.02%) or more for 4847
a person who is below the legal age to purchase alcoholic 4848
beverages under state law; or 4849
(iii) Four one-hundredths percent (.04%) or more 4850
for a person operating a commercial motor vehicle. 4851
(2) Except as otherwise provided in subsection (3) of this 4852
section (Zero Tolerance for Minors): 4853
(a) First offense DUI. (i) Upon conviction of any 4854
person for the first offense of violating subsection (1) of this 4855
section where chemical tests under Section 63-11-5 were given, or 4856
where chemical test results are not available, the person shall be 4857
fined not less than Two Hundred Fifty Dollars ($250.00) nor more 4858
than One Thousand Dollars ($1,000.00), or imprisoned for not more 4859
than forty-eight (48) hours in jail, or both; the court shall 4860
order the person to attend and complete an alcohol safety 4861
education program as provided in Section 63-11-32 within six (6) 4862
months of sentencing. The court may substitute attendance at a 4863
victim impact panel instead of forty-eight (48) hours in jail. 4864
(ii) Suspension of commercial driving privileges 4865
is governed by Section 63-1-216. 4866
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(iii) A qualifying first offense may be 4867
nonadjudicated by the court under subsection (14) of this section. 4868
The holder of a commercial driver's license or a commercial 4869
learning permit at the time of the offense is ineligible for 4870
nonadjudication. 4871
(iv) Eligibility for an interlock-restricted 4872
license is governed by Section 63-11-31 and suspension of regular 4873
driving privileges is governed by Section 63-11-23. 4874
(b) Second offense DUI. (i) Upon any second 4875
conviction of any person violating subsection (1) of this section, 4876
the offenses being committed within a period of five (5) years, 4877
the person shall be guilty of a misdemeanor, fined not less than 4878
Six Hundred Dollars ($600.00) nor more than One Thousand Five 4879
Hundred Dollars ($1,500.00), shall be imprisoned not less than 4880
five (5) days nor more than six (6) months and sentenced to 4881
community service work for not less than ten (10) days nor more 4882
than six (6) months. The minimum penalties shall not be suspended 4883
or reduced by the court and no prosecutor shall offer any 4884
suspension or sentence reduction as part of a plea bargain. 4885
(ii) Suspension of commercial driving privileges 4886
is governed by Section 63-1-216. 4887
(iii) Eligibility for an interlock-restricted 4888
license is governed by Section 63-11-31 and suspension of regular 4889
driving privileges is governed by Section 63-11-23. 4890
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(c) Third offense DUI. (i) For a third conviction of 4891
a person for violating subsection (1) of this section, the 4892
offenses being committed within a period of five (5) years, the 4893
person shall be guilty of a felony and fined not less than Two 4894
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars 4895
($5,000.00), and shall serve not less than one (1) year nor more 4896
than five (5) years in the custody of the Department of 4897
Corrections. For any offense that does not result in serious 4898
injury or death to any person, the sentence of incarceration may 4899
be served in the county jail rather than in the State Penitentiary 4900
at the discretion of the circuit court judge. The minimum 4901
penalties shall not be suspended or reduced by the court and no 4902
prosecutor shall offer any suspension or sentence reduction as 4903
part of a plea bargain. 4904
(ii) The suspension of commercial driving 4905
privileges is governed by Section 63-1-216. 4906
(iii) The suspension of regular driving privileges 4907
is governed by Section 63-11-23. 4908
(d) Fourth and subsequent offense DUI. (i) For any 4909
fourth or subsequent conviction of a violation of subsection (1) 4910
of this section, without regard to the time period within which 4911
the violations occurred, the person shall be guilty of a felony 4912
and fined not less than Three Thousand Dollars ($3,000.00) nor 4913
more than Ten Thousand Dollars ($10,000.00), and shall serve not 4914
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less than two (2) years nor more than ten (10) years in the 4915
custody of the Department of Corrections. 4916
(ii) The suspension of commercial driving 4917
privileges is governed by Section 63-1-216. 4918
(iii) A person convicted of a fourth or subsequent 4919
offense is ineligible to exercise the privilege to operate a motor 4920
vehicle that is not equipped with an ignition-interlock device for 4921
ten (10) years. 4922
(e) Any person convicted of a second or subsequent 4923
violation of subsection (1) of this section shall receive an 4924
in-depth diagnostic assessment, and if as a result of the 4925
assessment is determined to be in need of treatment for alcohol or 4926
drug abuse, the person must successfully complete treatment at a 4927
program site certified by the Department of Mental Health. Each 4928
person who receives a diagnostic assessment shall pay a fee 4929
representing the cost of the assessment. Each person who 4930
participates in a treatment program shall pay a fee representing 4931
the cost of treatment. 4932
(f) The use of ignition-interlock devices is governed 4933
by Section 63-11-31. 4934
(3) Zero tolerance for minors. (a) This subsection shall 4935
be known and may be cited as Zero Tolerance for Minors. The 4936
provisions of this subsection shall apply only when a person under 4937
the age of twenty-one (21) years has a blood alcohol concentration 4938
of two one-hundredths percent (.02%) or more, but lower than eight 4939
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one-hundredths percent (.08%). If the person's blood alcohol 4940
concentration is eight one-hundredths percent (.08%) or more, the 4941
provisions of subsection (2) shall apply. 4942
(b) (i) A person under the age of twenty-one (21) is 4943
eligible for nonadjudication of a qualifying first offense by the 4944
court pursuant to subsection (14) of this section. 4945
(ii) Upon conviction of any person under the age 4946
of twenty-one (21) years for the first offense of violating 4947
subsection (1) of this section where chemical tests provided for 4948
under Section 63-11-5 were given, or where chemical test results 4949
are not available, the person shall be fined Two Hundred Fifty 4950
Dollars ($250.00); the court shall order the person to attend and 4951
complete an alcohol safety education program as provided in 4952
Section 63-11-32 within six (6) months. The court may also 4953
require attendance at a victim impact panel. 4954
(c) A person under the age of twenty-one (21) years who 4955
is convicted of a second violation of subsection (1) of this 4956
section, the offenses being committed within a period of five (5) 4957
years, shall be fined not more than Five Hundred Dollars 4958
($500.00). 4959
(d) A person under the age of twenty-one (21) years who 4960
is convicted of a third or subsequent violation of subsection (1) 4961
of this section, the offenses being committed within a period of 4962
five (5) years, shall be fined not more than One Thousand Dollars 4963
($1,000.00). 4964
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(e) License suspension is governed by Section 63-11-23 4965
and ignition interlock is governed by Section 63-11-31. 4966
(f) Any person under the age of twenty-one (21) years 4967
convicted of a third or subsequent violation of subsection (1) of 4968
this section must complete treatment of an alcohol or drug abuse 4969
program at a site certified by the Department of Mental Health. 4970
(4) DUI test refusal. In addition to the other penalties 4971
provided in this section, every person refusing a law enforcement 4972
officer's request to submit to a chemical test of the person's 4973
breath as provided in this chapter, or who was unconscious at the 4974
time of a chemical test and refused to consent to the introduction 4975
of the results of the test in any prosecution, shall suffer an 4976
additional administrative suspension of driving privileges as set 4977
forth in Section 63-11-23. 4978
(5) Aggravated DUI. (a) (i) Except as otherwise provided 4979
in subparagraph (ii) of this paragraph (a), every person who 4980
operates any motor vehicle in violation of the provisions of 4981
subsection (1) of this section and who in a negligent manner 4982
causes the death of another or mutilates, disfigures, permanently 4983
disables or destroys the tongue, eye, lip, nose or any other limb, 4984
organ or member of another shall, upon conviction, be guilty of a 4985
separate felony for each victim who suffers death, mutilation, 4986
disfigurement or other injury and shall be committed to the 4987
custody of the State Department of Corrections for a period of 4988
time of not less than five (5) years and not to exceed twenty-five 4989
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(25) years for each death, mutilation, disfigurement or other 4990
injury, and the imprisonment for the second or each subsequent 4991
conviction, in the discretion of the court, shall commence either 4992
at the termination of the imprisonment for the preceding 4993
conviction or run concurrently with the preceding conviction. Any 4994
person charged with causing the death of another as described in 4995
this subsection shall be required to post bail before being 4996
released after arrest. 4997
(ii) Every person who is below the legal age to 4998
purchase alcoholic beverages under state law and has an alcohol 4999
concentration in the person's blood, based upon grams of alcohol 5000
per one hundred (100) milliliters of blood, or grams of alcohol 5001
per two hundred ten (210) liters of breath, as shown by a chemical 5002
analysis of the person's breath, blood or urine administered as 5003
authorized by this chapter, of eight one-hundredths percent 5004
(0.08%) or more and who in a negligent manner causes the death of 5005
another or mutilates, disfigures, permanently disables or destroys 5006
the tongue, eye, lip, nose or any other limb, organ or member of 5007
another shall, upon conviction, be guilty of a separate felony for 5008
each victim who suffers death, mutilation, disfigurement or other 5009
injury and shall be committed to the custody of the State 5010
Department of Corrections for a period of time not less than five 5011
(5) years and not to exceed twenty-five (25) years for each death, 5012
mutilation, disfigurement or other injury, and the imprisonment 5013
for the second or each subsequent conviction, in the discretion of 5014
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the court, shall commence either at the termination of the 5015
imprisonment for the preceding conviction or run concurrently with 5016
the preceding conviction. Any such person charged with causing 5017
the death of another as described in this subparagraph shall be 5018
required to post bail before being released after arrest. 5019
(b) A holder of a commercial driver's license who is 5020
convicted of operating a commercial motor vehicle with an alcohol 5021
concentration of eight one-hundredths percent (.08%) or more shall 5022
be guilty of a felony and shall be committed to the custody of the 5023
Department of Corrections for not less than two (2) years and not 5024
more than ten (10) years. 5025
(c) The court shall order an ignition-interlock 5026
restriction on the offender's privilege to drive as a condition of 5027
probation or post-release supervision not to exceed five (5) years 5028
unless a longer restriction is required under other law. The 5029
ignition-interlock restriction shall not be applied to commercial 5030
license privileges until the driver serves the full 5031
disqualification period required by Section 63-1-216. 5032
(6) DUI citations. (a) Upon conviction of a violation of 5033
subsection (1) of this section, the trial judge shall sign in the 5034
place provided on the traffic ticket, citation or affidavit 5035
stating that the person arrested either employed an attorney or 5036
waived his right to an attorney after having been properly 5037
advised. If the person arrested employed an attorney, the name, 5038
address and telephone number of the attorney shall be written on 5039
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the ticket, citation or affidavit. The court clerk must 5040
immediately send a copy of the traffic ticket, citation or 5041
affidavit, and any other pertinent documents concerning the 5042
conviction or other order of the court, to the Department of 5043
Public Safety as provided in Section 63-11-37. 5044
(b) A copy of the traffic ticket, citation or affidavit 5045
and any other pertinent documents, having been attested as true 5046
and correct by the Commissioner of Public Safety, or his designee, 5047
shall be sufficient proof of the conviction for purposes of 5048
determining the enhanced penalty for any subsequent convictions of 5049
violations of subsection (1) of this section. The Department of 5050
Public Safety shall maintain a central database for verification 5051
of prior offenses and convictions. 5052
(7) Out-of-state prior convictions. Convictions in another 5053
state, territory or possession of the United States, or under the 5054
law of a federally recognized Native American tribe, of violations 5055
for driving or operating a vehicle while under the influence of an 5056
intoxicating liquor or while under the influence of any other 5057
substance that has impaired the person's ability to operate a 5058
motor vehicle occurring within five (5) years before an offense 5059
shall be counted for the purposes of determining if a violation of 5060
subsection (1) of this section is a second, third, fourth or 5061
subsequent offense and the penalty that shall be imposed upon 5062
conviction for a violation of subsection (1) of this section. 5063
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(8) Charging of subsequent offenses. (a) For the purposes 5064
of determining how to impose the sentence for a second, third, 5065
fourth or subsequent conviction under this section, the affidavit 5066
or indictment shall not be required to enumerate previous 5067
convictions. It shall only be necessary that the affidavit or 5068
indictment states the number of times that the defendant has been 5069
convicted and sentenced within the past five (5) years for a 5070
second or third offense, or without a time limitation for a fourth 5071
or subsequent offense, under this section to determine if an 5072
enhanced penalty shall be imposed. The amount of fine and 5073
imprisonment imposed in previous convictions shall not be 5074
considered in calculating offenses to determine a second, third, 5075
fourth or subsequent offense of this section. 5076
(b) Before a defendant enters a plea of guilty to an 5077
offense under this section, law enforcement must submit 5078
certification to the prosecutor that the defendant's driving 5079
record, the confidential registry and National Crime Information 5080
Center record have been searched for all prior convictions, 5081
nonadjudications, pretrial diversions and arrests for driving or 5082
operating a vehicle while under the influence of an intoxicating 5083
liquor or while under the influence of any other substance that 5084
has impaired the person's ability to operate a motor vehicle. The 5085
results of the search must be included in the certification. 5086
(9) License eligibility for underage offenders. A person 5087
who is under the legal age to obtain a license to operate a motor 5088
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vehicle at the time of the offense and who is convicted under this 5089
section shall not be eligible to receive a driver's license until 5090
the person reaches the age of eighteen (18) years. 5091
(10) License suspensions and restrictions to run 5092
consecutively. Suspension or restriction of driving privileges 5093
for any person convicted of or nonadjudicated for violations of 5094
subsection (1) of this section shall run consecutively to and not 5095
concurrently with any other administrative license suspension. 5096
(11) Ignition interlock. If the court orders installation 5097
and use of an ignition-interlock device as provided in Section 5098
63-11-31 for every vehicle operated by a person convicted or 5099
nonadjudicated under this section, each device shall be installed, 5100
maintained and removed as provided in Section 63-11-31. 5101
(12) DUI child endangerment. A person over the age of 5102
twenty-one (21) who violates subsection (1) of this section while 5103
transporting in a motor vehicle a child under the age of sixteen 5104
(16) years is guilty of the separate offense of endangering a 5105
child by driving under the influence of alcohol or any other 5106
substance which has impaired the person's ability to operate a 5107
motor vehicle. The offense of endangering a child by driving 5108
under the influence of alcohol or any other substance which has 5109
impaired the person's ability to operate a motor vehicle shall not 5110
be merged with an offense of violating subsection (1) of this 5111
section for the purposes of prosecution and sentencing. An 5112
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offender who is convicted of a violation of this subsection shall 5113
be punished as follows: 5114
(a) A person who commits a violation of this subsection 5115
which does not result in the serious injury or death of a child 5116
and which is a first conviction shall be guilty of a misdemeanor 5117
and, upon conviction, shall be fined not more than One Thousand 5118
Dollars ($1,000.00) or shall be imprisoned for not more than 5119
twelve (12) months, or both; 5120
(b) A person who commits a violation of this subsection 5121
which does not result in the serious injury or death of a child 5122
and which is a second conviction shall be guilty of a misdemeanor 5123
and, upon conviction, shall be fined not less than One Thousand 5124
Dollars ($1,000.00) nor more than Five Thousand Dollars 5125
($5,000.00) or shall be imprisoned for one (1) year, or both; 5126
(c) A person who commits a violation of this subsection 5127
which does not result in the serious injury or death of a child 5128
and which is a third or subsequent conviction shall be guilty of a 5129
felony and, upon conviction, shall be fined not less than Ten 5130
Thousand Dollars ($10,000.00) or shall be imprisoned for not less 5131
than one (1) year nor more than five (5) years, or both; and 5132
(d) A person who commits a violation of this subsection 5133
which results in the serious injury or death of a child, without 5134
regard to whether the offense was a first, second, third or 5135
subsequent offense, shall be guilty of a felony and, upon 5136
conviction, shall be punished by a fine of not less than Ten 5137
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Thousand Dollars ($10,000.00) and shall be imprisoned for not less 5138
than five (5) years nor more than twenty-five (25) years. 5139
(13) Expunction. (a) Any person convicted under subsection 5140
(2) or (3) of this section of a first offense of driving under the 5141
influence and who was not the holder of a commercial driver's 5142
license or a commercial learning permit at the time of the offense 5143
may petition the circuit court of the county in which the 5144
conviction was had for an order to expunge the record of the 5145
conviction at least five (5) years after successful completion of 5146
all terms and conditions of the sentence imposed for the 5147
conviction. Expunction under this subsection will only be 5148
available to a person: 5149
(i) Who has successfully completed all terms and 5150
conditions of the sentence imposed for the conviction; 5151
(ii) Who did not refuse to submit to a test of his 5152
blood or breath; 5153
(iii) Whose blood alcohol concentration tested 5154
below sixteen one-hundredths percent (.16%) if test results are 5155
available; 5156
(iv) Who has not been convicted of and does not 5157
have pending any other offense of driving under the influence; 5158
(v) Who has provided the court with justification 5159
as to why the conviction should be expunged; and 5160
(vi) Who has not previously had a nonadjudication 5161
or expunction of a violation of this section. 5162
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(b) A person is eligible for only one (1) expunction 5163
under this subsection, and the Department of Public Safety shall 5164
maintain a permanent confidential registry of all cases of 5165
expunction under this subsection for the sole purpose of 5166
determining a person's eligibility for expunction, for 5167
nonadjudication, or as a first offender under this section. 5168
(c) The court in its order of expunction shall state in 5169
writing the justification for which the expunction was granted and 5170
forward the order to the Department of Public Safety within five 5171
(5) days of the entry of the order. 5172
(14) Nonadjudication. (a) For the purposes of this 5173
chapter, "nonadjudication" means that the court withholds 5174
adjudication of guilt and sentencing, either at the conclusion of 5175
a trial on the merits or upon the entry of a plea of guilt by a 5176
defendant, and places the defendant in a nonadjudication program 5177
conditioned upon the successful completion of the requirements 5178
imposed by the court under this subsection. 5179
(b) A person is eligible for nonadjudication of an 5180
offense under this Section 63-11-30 only one (1) time under any 5181
provision of a law that authorizes nonadjudication and only for an 5182
offender: 5183
(i) Who has successfully completed all terms and 5184
conditions imposed by the court after placement of the defendant 5185
in a nonadjudication program; 5186
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(ii) Who was not the holder of a commercial 5187
driver's license or a commercial learning permit at the time of 5188
the offense; 5189
(iii) Who has not previously been convicted of and 5190
does not have pending any former or subsequent charges under this 5191
section; and 5192
(iv) Who has provided the court with justification 5193
as to why nonadjudication is appropriate. 5194
(c) Nonadjudication may be initiated upon the filing of 5195
a petition for nonadjudication or at any stage of the proceedings 5196
in the discretion of the court; the court may withhold 5197
adjudication of guilt, defer sentencing, and upon the agreement of 5198
the offender to participate in a nonadjudication program, enter an 5199
order imposing requirements on the offender for a period of court 5200
supervision before the order of nonadjudication is entered. 5201
Failure to successfully complete a nonadjudication program 5202
subjects the person to adjudication of the charges against him and 5203
to imposition of all penalties previously withheld due to entrance 5204
into a nonadjudication program. The court shall immediately 5205
inform the commissioner of the conviction as required in Section 5206
63-11-37. 5207
(i) The court shall order the person to: 5208
1. Pay the nonadjudication fee imposed under 5209
Section 63-11-31 if applicable; 5210
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2. Pay all fines, penalties and assessments 5211
that would have been imposed for conviction; 5212
3. Attend and complete an alcohol safety 5213
education program as provided in Section 63-11-32 within six (6) 5214
months of the date of the order; 5215
4. a. If the court determines that the 5216
person violated this section with respect to alcohol or 5217
intoxicating liquor, the person must install an ignition-interlock 5218
device on every motor vehicle operated by the person, obtain an 5219
interlock-restricted license, and maintain that license for one 5220
hundred twenty (120) days or suffer a one-hundred-twenty-day 5221
suspension of the person's regular driver's license, during which 5222
time the person must not operate any vehicle. 5223
b. If the court determines that the 5224
person violated this section by operating a vehicle when under the 5225
influence of a substance other than alcohol that has impaired the 5226
person's ability to operate a motor vehicle, including any drug or 5227
controlled substance which is unlawful to possess under the 5228
Mississippi Controlled Substances Law, the person must submit to a 5229
one-hundred-twenty-day period of a nonadjudication program that 5230
includes court-ordered drug testing at the person's own expense 5231
not less often than every thirty (30) days, during which time the 5232
person may drive if compliant with the terms of the program, or 5233
suffer a one-hundred-twenty-day suspension of the person's regular 5234
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driver's license, during which time the person will not operate 5235
any vehicle. 5236
(ii) Other conditions that may be imposed by the 5237
court include, but are not limited to, alcohol or drug screening, 5238
or both, proof that the person has not committed any other traffic 5239
violations while under court supervision, proof of immobilization 5240
or impoundment of vehicles owned by the offender if required, and 5241
attendance at a victim-impact panel. 5242
(d) The court may enter an order of nonadjudication 5243
only if the court finds, after a hearing or after ex parte 5244
examination of reliable documentation of compliance, that the 5245
offender has successfully completed all conditions imposed by law 5246
and previous orders of the court. The court shall retain 5247
jurisdiction over cases involving nonadjudication for a period of 5248
not more than two (2) years. 5249
(e) (i) The clerk shall immediately forward a record 5250
of every person placed in a nonadjudication program and of every 5251
nonadjudication order to the Department of Public Safety for 5252
inclusion in the permanent confidential registry of all cases that 5253
are nonadjudicated under this subsection (14). 5254
(ii) Judges, clerks and prosecutors involved in 5255
the trial of implied consent violations and law enforcement 5256
officers involved in the issuance of citations for implied consent 5257
violations shall have secure online access to the confidential 5258
registry for the purpose of determining whether a person has 5259
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previously been the subject of a nonadjudicated case and 1. is 5260
therefore ineligible for another nonadjudication; 2. is ineligible 5261
as a first offender for a violation of this section; or 3. is 5262
ineligible for expunction of a conviction of a violation of this 5263
section. 5264
(iii) The Driver Services Bureau of the department 5265
shall have access to the confidential registry for the purpose of 5266
determining whether a person is eligible for a form of license not 5267
restricted to operating a vehicle equipped with an 5268
ignition-interlock device. 5269
(iv) The Mississippi Alcohol Safety Education 5270
Program shall have secure online access to the confidential 5271
registry for research purposes only. 5272
(15) The provisions of this section are fully applicable to 5273
any person who is under the influence of medical cannabis that is 5274
lawful under the Mississippi Medical Cannabis Act and in 5275
compliance with rules and regulations adopted thereunder or 5276
marijuana that is lawful under the Mississippi Retail Marijuana 5277
Act and in compliance with rules and regulations adopted 5278
thereunder which has impaired the person's ability to operate a 5279
motor vehicle. 5280
SECTION 15. This act shall take effect and be in force from 5281
and after July 1, 2026. 5282