MS Medical Cannabis Act; bring forward provisions relating to.

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To: Drug Policy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Waldo

HOUSE BILL NO. 1753

AN ACT TO BRING FORWARD SECTIONS 41-137-3, 41-137-5, 1
41-137-7, 41-137-9, 41-137-11, 41-137-13, 41-137-15, 41-137-17, 2
41-137-19, 41-137-21, 41-137-23, 41-137-25, 41-137-27, 41-137-29, 3
41-137-31, 41-137-33, 41-137-35, 41-137-37, 41-137-39, 41-137-41, 4
41-137-43, 41-137-45, 41-137-47, 41-137-49, 41-137-51, 41-137-53, 5
41-137-55, 41-137-57, 41-137-59, 41-137-61, 41-137-63, 41-137-65 6
AND 41-137-67, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE 7
MISSISSIPPI MEDICAL CANNABIS ACT, FOR PURPOSES OF POSSIBLE 8
AMENDMENT; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 41-137-3, Mississippi Code of 1972, is 11
brought forward as follows: 12
41-137-3. For purposes of this chapter, unless the context 13
requires otherwise, the following terms shall have the meanings 14
ascribed herein: 15
(a) "Artificially derived cannabinoid" means a chemical 16
substance that is created by a chemical reaction that changes the 17
molecular structure of any chemical substance derived from the 18
plant Cannabis family Cannabaceae. Such term shall not include: 19
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(i) A naturally occurring chemical substance that 20
is separated from the plant Cannabis family Cannabaceae by a 21
chemical or mechanical extraction process; 22
(ii) Cannabinoids that are produced by 23
decarboxylation from a naturally occurring cannabinoid acid 24
without the use of a chemical catalyst; or 25
(iii) Any other chemical substance identified by 26
MDOH. 27
(b) "Allowable amount of medical cannabis" means an 28
amount not to exceed the maximum amount of Mississippi Medical 29
Cannabis Equivalency Units ("MMCEU"). 30
(c) "Bona fide practitioner-patient relationship" 31
means: 32
(i) A practitioner and patient have a treatment or 33
consulting relationship, during the course of which the 34
practitioner, within his or her scope of practice, has completed 35
an in-person assessment of the patient's medical history and 36
current mental health and medical condition and has documented 37
their certification in the patient's medical file; 38
(ii) The practitioner has consulted in person with 39
the patient with respect to the patient's debilitating medical 40
condition; and 41
(iii) The practitioner is available to or offers 42
to provide follow-up care and treatment to the patient. 43
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(d) "Cannabis" means all parts of the plant of the 44
genus cannabis, the flower, the seeds thereof, the resin extracted 45
from any part of the plant and every compound, manufacture, salt, 46
derivative, mixture or preparation of the plant, its seeds or its 47
resin, including whole plant extracts. Such term shall not mean 48
cannabis-derived drug products approved by the federal Food and 49
Drug Administration under Section 505 of the Federal Food, Drug, 50
and Cosmetic Act. 51
(e) "Cannabis cultivation facility" means a business 52
entity licensed and registered by the Mississippi Department of 53
Health that acquires, grows, cultivates and harvests medical 54
cannabis in an indoor, enclosed, locked and secure area. 55
(f) "Cannabis disposal entity" means a business 56
licensed and registered by the Mississippi Department of Health 57
that is involved in the commercial disposal or destruction of 58
medical cannabis. 59
(g) "Cannabis processing facility" means a business 60
entity that is licensed and registered by the Mississippi 61
Department of Health that: 62
(i) Acquires or intends to acquire cannabis from a 63
cannabis cultivation facility; 64
(ii) Possesses cannabis with the intent to 65
manufacture a cannabis product; 66
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(iii) Manufactures or intends to manufacture a 67
cannabis product from unprocessed cannabis or a cannabis extract; 68
and 69
(iv) Sells or intends to sell a cannabis product 70
to a medical cannabis dispensary, cannabis testing facility or 71
cannabis research facility. 72
(h) "Cannabis products" means cannabis flower, 73
concentrated cannabis, cannabis extracts and products that are 74
infused with cannabis or an extract thereof and are intended for 75
use or consumption by humans. The term includes, without 76
limitation, edible cannabis products, beverages, topical products, 77
ointments, oils, tinctures and suppositories that contain 78
tetrahydrocannabinol (THC) and/or cannabidiol (CBD) except those 79
products excluded from control under Sections 41-29-113 and 80
41-29-136. 81
(i) "Cannabis research facility" or "research facility" 82
means a research facility at any university or college in this 83
state or an independent entity licensed and registered by the 84
Mississippi Department of Health pursuant to this chapter that 85
acquires cannabis from cannabis cultivation facilities and 86
cannabis processing facilities in order to research cannabis, 87
develop best practices for specific medical conditions, develop 88
medicines and provide commercial access for medical use. 89
(j) "Cannabis testing facility" or "testing facility" 90
means an independent entity licensed and registered by the 91
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Mississippi Department of Health that analyzes the safety and 92
potency of cannabis. 93
(k) "Cannabis transportation entity" means an 94
independent entity licensed and registered by the Mississippi 95
Department of Health that is involved in the commercial 96
transportation of medical cannabis. 97
(l) "Cannabis waste" means plant debris of the plant of 98
the genus cannabis, including dead plants and all unused plant 99
parts. This term shall not include seeds, roots, stems and 100
stalks. 101
(m) "Cannabinoid" means any of the chemical compounds 102
that are the active constituents derived from THC. 103
(n) "Canopy" means the total surface area within a 104
cultivation area that is dedicated to the cultivation of flowering 105
cannabis plants. The surface area of the plant canopy must be 106
calculated in square feet and measured and must include all of the 107
area within the boundaries where the cultivation of the flowering 108
cannabis plants occurs. If the surface area of the plant canopy 109
consists of noncontiguous areas, each component area must be 110
separated by identifiable boundaries. If a tiered or shelving 111
system is used in the cultivation area the surface area of each 112
tier or shelf must be included in calculating the area of the 113
plant canopy. Calculation of the area of the plant canopy may not 114
include the areas within the cultivation area that are used to 115
cultivate immature cannabis plants and seedlings, prior to 116
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flowering, and that are not used at any time to cultivate mature 117
cannabis plants. 118
(o) "Cardholder" means a registered qualifying patient 119
or a registered designated caregiver who has been issued and 120
possesses a valid registry identification card. 121
(p) "Chronic pain" means a pain state in which the 122
cause of the pain cannot be removed or otherwise treated, and 123
which in the generally accepted course of medical practice, no 124
relief or cure of the cause of the pain is possible, or none has 125
been found after reasonable efforts by a practitioner. 126
(q) "Concentrate" means a substance obtained by 127
separating cannabinoids from cannabis by: 128
(i) A mechanical extraction process; 129
(ii) A chemical extraction process using a 130
nonhydrocarbon-based or other solvent, such as water, vegetable 131
glycerin, vegetable oils, animal fats, food-grade ethanol or steam 132
distillation; or 133
(iii) A chemical extraction process using the 134
hydrocarbon-based solvent carbon dioxide, provided that the 135
process does not involve the use of high heat or pressure. 136
(r) "Debilitating medical condition" means: 137
(i) Cancer, Parkinson's disease, Huntington's 138
disease, muscular dystrophy, glaucoma, spastic quadriplegia, 139
positive status for human immunodeficiency virus (HIV), acquired 140
immune deficiency syndrome (AIDS), hepatitis, amyotrophic lateral 141
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sclerosis (ALS), Crohn's disease, ulcerative colitis, sickle-cell 142
anemia, Alzheimer's disease, agitation of dementia, post-traumatic 143
stress disorder (PTSD), autism, pain refractory to appropriate 144
opioid management, diabetic/peripheral neuropathy, spinal cord 145
disease or severe injury, or the treatment of these conditions; 146
(ii) A chronic, terminal or debilitating disease 147
or medical condition, or its treatment, that produces one or more 148
of the following: cachexia or wasting syndrome, chronic pain, 149
severe or intractable nausea, seizures, or severe and persistent 150
muscle spasms, including, but not limited to, those characteristic 151
of multiple sclerosis; or 152
(iii) Any other serious medical condition or its 153
treatment added by the Mississippi Department of Health, as 154
provided for in Section 41-137-17. 155
(s) "Designated caregiver" means a person who: 156
(i) Has agreed to assist with a registered 157
qualifying patient's medical use of medical cannabis; 158
(ii) Assists no more than five (5) registered 159
qualifying patients with their medical use of medical cannabis, 160
unless the designated caregiver's registered qualifying patients 161
each reside in or are admitted to a health care facility or 162
facility providing residential care services or day care services 163
where the designated caregiver is employed; 164
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(iii) Is at least twenty-one (21) years of age 165
unless the person is the parent or legal guardian of each 166
qualifying patient the person assists; and 167
(iv) Has not been convicted of a disqualifying 168
felony offense. 169
(t) "Disqualifying felony offense" means: 170
(i) A conviction for a crime of violence, as 171
defined in Section 97-3-2; 172
(ii) A conviction for a crime that was defined as 173
a violent crime in the law of the jurisdiction in which the 174
offense was committed, and that was classified as a felony in the 175
jurisdiction where the person was convicted; or 176
(iii) A conviction for a violation of a state or 177
federal controlled substances law that was classified as a felony 178
in the jurisdiction where the person was convicted, including the 179
service of any term of probation, incarceration or supervised 180
release within the previous five (5) years and the offender has 181
not committed another similar offense since the conviction. Under 182
this subparagraph (iii), a disqualifying felony offense shall not 183
include a conviction that consisted of conduct for which this 184
chapter would likely have prevented the conviction but for the 185
fact that the conduct occurred before February 2, 2022. 186
(u) "Edible cannabis products" means products that: 187
(i) Contain or are infused with cannabis or an 188
extract thereof; 189
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(ii) Are intended for human consumption by oral 190
ingestion; and 191
(iii) Are presented in the form of foodstuffs, 192
beverages, extracts, oils, tinctures, lozenges and other similar 193
products. 194
(v) "Entity" means a corporation, general partnership, 195
limited partnership or limited liability company that has been 196
registered with the Secretary of State as applicable. 197
(w) "MMCEU" means Mississippi Medical Cannabis 198
Equivalency Unit. One unit of MMCEU shall be considered equal to: 199
(i) Three and one-half (3.5) grams of medical 200
cannabis flower; 201
(ii) One (1) gram of total THC in a medical 202
cannabis concentrate; or 203
(iii) One (1) gram of total THC in an infused 204
product. 205
(x) "MDOH" means the Mississippi Department of Health. 206
(y) "MDOR" means the Mississippi Department of Revenue. 207
(z) "Medical cannabis" means cannabis, cannabis 208
products and edible cannabis that are intended to be used by 209
registered qualifying patients as provided in this chapter. 210
(aa) "Medical cannabis dispensary" or "dispensary" 211
means an entity licensed and registered with the MDOR that 212
acquires, possesses, stores, transfers, sells, supplies or 213
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dispenses medical cannabis, equipment used for medical cannabis, 214
or related supplies and educational materials to cardholders. 215
(bb) "Medical cannabis establishment" means a cannabis 216
cultivation facility, cannabis processing facility, cannabis 217
testing facility, cannabis dispensary, cannabis transportation 218
entity, cannabis disposal entity or cannabis research facility 219
licensed and registered by the appropriate agency. 220
(cc) "Medical cannabis establishment agent" means an 221
owner, officer, board member, employee, volunteer or agent of a 222
medical cannabis establishment. 223
(dd) "Medical use" includes the acquisition, 224
administration, cultivation, processing, delivery, harvest, 225
possession, preparation, transfer, transportation, or use of 226
medical cannabis or equipment relating to the administration of 227
medical cannabis to treat or alleviate a registered qualifying 228
patient's debilitating medical condition or symptoms associated 229
with the patient's debilitating medical condition. The term 230
"medical use" does not include: 231
(i) The cultivation of cannabis unless the 232
cultivation is done by a cannabis cultivation facility; or 233
(ii) The extraction of resin from cannabis by 234
mechanical or chemical extraction unless the extraction is done by 235
a cannabis processing facility. 236
(ee) "Nonresident cardholder" means a person who: 237
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(i) Has been diagnosed with a debilitating medical 238
condition by a practitioner in his or her respective state or 239
territory, or is the parent, guardian, conservator or other person 240
with authority to consent to the medical use of medical cannabis 241
by a person who has been diagnosed with a debilitating medical 242
condition; 243
(ii) Is not a resident of Mississippi or who has 244
been a resident of Mississippi for less than forty-five (45) days; 245
and 246
(iii) Has submitted any documentation required by 247
MDOH rules and regulations and has received confirmation of 248
registration. 249
(ff) "Practitioner" means a physician, certified nurse 250
practitioner, physician assistant or optometrist who is licensed 251
to prescribe medicine under the licensing requirements of their 252
respective occupational boards and the laws of this state. In 253
relation to a nonresident cardholder, the term means a physician, 254
certified nurse practitioner, physician assistant or optometrist 255
who is licensed to prescribe medicine under the licensing 256
requirements of their respective occupational boards and under the 257
laws of the state or territory in which the nonresident patient 258
resides. For registered qualifying patients who are minors, 259
"practitioner" shall mean a physician or doctor of osteopathic 260
medicine who is licensed to prescribe medicine under the licensing 261
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requirements of their respective occupational boards and the laws 262
of this state. 263
(gg) "Public place" means a church or any area to which 264
the general public is invited or in which the general public is 265
permitted, regardless of the ownership of the area, and any area 266
owned or controlled by a municipality, county, state or federal 267
government, including, but not limited to, streets, sidewalks or 268
other forms of public transportation. Such term shall not mean a 269
private residential dwelling. 270
(hh) "Qualifying patient" means a person who has been 271
diagnosed by a practitioner as having a debilitating medical 272
condition and has been issued a written certification. 273
(ii) "Registry identification card" means a document 274
issued by the MDOH that identifies a person as a registered 275
qualifying patient, nonresident registered qualifying patient or 276
registered designated caregiver. 277
(jj) "School" means an institution for the teaching of 278
children, consisting of a physical location, whether owned or 279
leased, including instructional staff members and students, and 280
which is in session each school year. This definition shall 281
include, but not be limited to, public, private, church and 282
parochial programs for kindergarten, elementary, junior high and 283
high schools. Such term shall not mean a home instruction 284
program. 285
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(kk) "Scope of practice" means the defined parameters 286
of various duties, services or activities that may be provided or 287
performed by a certified nurse practitioner as authorized under 288
Sections 73-15-5 and 73-15-20, by an optometrist as authorized 289
under Section 73-19-1, by a physician as authorized under Section 290
73-25-33, or by a physician assistant under Section 73-26-5, and 291
rules and regulations adopted by the respective licensing boards 292
for those practitioners. 293
(ll) "THC" or "Tetrahydrocannabinol" means any and all 294
forms of tetrahydrocannabinol that are contained naturally in the 295
cannabis plant, as well as synthesized forms of THC and derived 296
variations, derivatives, isomers and allotropes that have similar 297
molecular and physiological characteristics of 298
tetrahydrocannabinol, including, but not limited to, THCA, THC 299
Delta 9, THC Delta 8, THC Delta 10 and THC Delta 6. 300
(mm) "Written certification" means a form approved by 301
the MDOH, signed and dated by a practitioner, certifying that a 302
person has a debilitating medical condition. A written 303
certification shall include the following: 304
(i) The date of issue and the effective date 305
of the recommendation; 306
(ii) The patient's name, date of birth and 307
address; 308
(iii) The practitioner's name, address, and 309
federal Drug Enforcement Agency number; and 310
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(iv) The practitioner's signature. 311
SECTION 2. Section 41-137-5, Mississippi Code of 1972, is 312
brought forward as follows: 313
41-137-5. (1) No person shall be authorized to use medical 314
cannabis in this state unless the person (a) has been diagnosed by 315
a practitioner, with whom the person has a bona fide 316
practitioner-patient relationship within his or her scope of 317
practice, as having a debilitating medical condition for which the 318
practitioner believes, in his or her professional opinion, that 319
the person would likely receive medical or palliative benefit from 320
the medical use of medical cannabis to treat or alleviate the 321
person's debilitating medical condition or symptoms associated 322
with the person's debilitating medical condition, (b) has received 323
a written certification of that diagnosis from the practitioner, 324
and (c) has been issued a registry identification card from the 325
MDOH under Section 41-137-23. A person who has been diagnosed by 326
a practitioner as specified in paragraph (a) of this subsection 327
shall be a qualifying patient, and the practitioner who has 328
diagnosed the patient shall document that diagnosis with a written 329
certification. However, nothing herein shall require a 330
practitioner to issue a written certification. 331
(2) A written certification shall: 332
(a) Affirm that it is made in the course of a bona fide 333
practitioner-patient relationship; 334
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(b) Remain current for twelve (12) months, unless the 335
practitioner specifies a shorter period of time; 336
(c) Be issued after an in-person assessment of the 337
patient by a practitioner, or after a telemedicine evaluation for 338
patients who are homebound or bedbound as certified by a 339
practitioner with whom the patient has a bona fide 340
practitioner-patient relationship within his or her scope of 341
practice other than the practitioner making the written 342
certification. For purposes of this paragraph (c), an individual 343
is homebound or bedbound if such individual is physically unable 344
to leave his or her residence without another person's aid because 345
the individual has lost the capacity of independent transportation 346
due to a medical, physical, or mental health condition or 347
infirmity as documented in writing by a practitioner who has a 348
bona fide practitioner-patient relationship with the patient; 349
(d) Only be issued on behalf of a minor when the 350
minor's parent or guardian is present and provides signed consent; 351
and 352
(e) Be limited to the allowable amount of cannabis in a 353
thirty-day period.. 354
(3) No state agency, department, political subdivision or 355
board shall require a practitioner to require a patient to submit 356
to a drug test as a condition to receiving a certification for a 357
registry identification card. However, a practitioner may require 358
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a drug test from a patient that is within his or her scope of 359
practice. 360
(4) After a practitioner has issued a written certification 361
to a qualifying patient, a practitioner may assist the patient in 362
registering for a registry identification card with the Department 363
of Health, in a manner provided by regulations of the Department 364
of Health. 365
(5) After a qualifying patient receives a written 366
certification from a practitioner, the patient shall be required 367
to make a follow-up visit with the practitioner not less than six 368
(6) months after the date of issuance of the certification for the 369
practitioner to evaluate and determine the effectiveness of the 370
patient's medical use of medical cannabis to treat or alleviate 371
the patient's debilitating medical condition or symptoms 372
associated with the patient's debilitating medical condition. 373
Qualifying patients may make a follow-up visit with a different 374
practitioner than the practitioner who originally issued their 375
written certification, provided that such practitioner is 376
otherwise registered and acting within their scope of practice and 377
the provisions of this chapter. 378
(6) Before dispensing medical cannabis to a cardholder, the 379
dispensary from which the cardholder is obtaining medical cannabis 380
shall verify the identity of the cardholder and the authority of 381
the cardholder to use medical cannabis as provided in Section 382
41-137-39 and shall determine the maximum amount of medical 383
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cannabis that a cardholder is eligible to receive and the amount 384
of medical cannabis that the cardholder has received from all 385
dispensaries during a specified period of time using the statewide 386
seed-to-sale tracking system under Section 41-137-11. 387
(7) (a) A practitioner shall be registered to issue written 388
certifications to qualifying patients by completing the required 389
application process as set forth by the MDOH. The MDOH shall 390
require a practitioner to complete a minimum of eight (8) hours of 391
continuing education in medical cannabis in order to issue written 392
certifications. After the first year of registration, these 393
practitioners shall complete five (5) hours of continuing 394
education in medical cannabis annually to maintain this 395
registration. 396
(b) A practitioner shall not be required to have any 397
additional qualifications to be authorized to certify a qualifying 398
patient for a registry identification card, other than such 399
requirements for practitioners as provided under the Mississippi 400
Medical Cannabis Act. 401
(c) A practitioner shall not be required to be 402
registered to certify patients with any state agency or board 403
other than the MDOH. 404
(8) Only physicians and doctors of osteopathic medicine may 405
issue written certifications to registered qualifying patients who 406
are minors. 407
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(9) The requirements of this section shall not apply to a 408
person who is authorized to purchase topical cannabis provided 409
under Section 41 137 39(22), and such persons may possess and use 410
such products without being in violation of this chapter. 411
SECTION 3. Section 41-137-7, Mississippi Code of 1972, is 412
brought forward as follows: 413
41-137-7. (1) The MDOH shall have the ultimate authority 414
for oversight of the administration of the medical cannabis 415
program, and the MDOH shall coordinate the activities of the MDOH 416
and MDOR under the provisions of this chapter in order to best 417
effectuate the purpose and intent of this chapter. 418
(2) The MDOH may contract with other governmental agencies 419
and public or private third parties to assist the MDOH with 420
carrying out any of the responsibilities delegated to the MDOH 421
under this section. However, the MDOH shall be ultimately 422
responsible for the performance of any responsibilities that are 423
exercised by any agency or third party with which the MDOH has 424
contracted under the authority of this section. 425
(3) The MDOH shall be responsible for: 426
(a) The licensing, oversight and inspection of cannabis 427
testing facilities and cannabis research facilities; 428
(b) The licensing of cannabis cultivation facilities, 429
cannabis processing facilities, cannabis transportation entities 430
and cannabis disposal entities; 431
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(c) The application and licensing of registry 432
identification cards for qualifying patients and designated 433
caregivers; 434
(d) The registering of practitioners in accordance with 435
this chapter; and 436
(e) The selection, certification and oversight of the 437
statewide seed-to-sale tracking system as provided for in Section 438
41-137-11. 439
(4) Unless otherwise provided herein, the MDOR shall be 440
responsible for the licensing, inspection and oversight of medical 441
cannabis dispensaries. 442
(5) The MDOR and MDOH shall accept applications for and 443
award licenses according to their respective duties as provided 444
for in this chapter, subject to the following: 445
(a) After one hundred twenty (120) days from February 446
2, 2022, the MDOH shall begin accepting applications, registering 447
and licensing registry identification cards and practitioners. 448
(b) After one hundred twenty (120) days from February 449
2, 2022, the MDOH shall begin licensing and registering cannabis 450
cultivation facilities, cannabis processing facilities, cannabis 451
testing facilities, cannabis research facilities, cannabis 452
disposal entities and cannabis transportation entities. After one 453
hundred fifty (150) days from February 2, 2022, the MDOR shall 454
issue licenses for medical cannabis dispensaries as provided for 455
in this chapter within thirty (30) days of receipt of the 456
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application from an applicant or within thirty (30) days after the 457
initial one-hundred-fifty-day period, whichever is the later date. 458
(6) The MDOR and MDOH shall issue a registration certificate 459
and a random ten-digit alphanumeric identification number to each 460
licensed medical cannabis establishment, as applicable. 461
(7) After one hundred twenty (120) days from February 2, 462
2022, the MDOH shall issue licenses according to their respective 463
duties as provided for in this chapter within thirty (30) days of 464
receipt of the application from an applicant or within thirty (30) 465
days after the initial one-hundred-twenty-day period, whichever is 466
the later date. After one hundred fifty (150) days from February 467
2, 2022, the MDOR shall issue licenses according to their 468
respective duties as provided for in this chapter within thirty 469
(30) days of receipt of the application from an applicant or 470
within thirty (30) days after the initial one-hundred-fifty-day 471
period, whichever is the later date. 472
(8) It is the intent of the Legislature that the MDOH and 473
MDOR and any other state agency, as needed, shall cooperate and 474
collaborate together to accomplish the purposes of this chapter. 475
(9) (a) Subject to paragraph (b) of this subsection, the 476
Department of Public Safety shall not be involved in or have any 477
role regarding the administration, regulation or oversight of the 478
medical cannabis program established under this chapter; however, 479
this provision does not prohibit the department from carrying out 480
any law enforcement activities that a law enforcement agency may 481
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exercise under this chapter or that the department may exercise 482
under the authority of any other law. 483
(b) The Department of Public Safety may assist the MDOH 484
in conducting background checks of individuals as required under 485
this chapter. 486
SECTION 4. Section 41-137-9, Mississippi Code of 1972, is 487
brought forward as follows: 488
41-137-9. (1) There is a presumption that a registered 489
qualifying patient is engaged in the medical use of medical 490
cannabis under this chapter if the person is in possession of a 491
registry identification card and an amount of medical cannabis 492
that does not exceed the allowable amount of medical cannabis. 493
There is a presumption that a registered designated caregiver is 494
assisting in the medical use of medical cannabis under this 495
chapter if the person is in possession of a registry 496
identification card and an amount of medical cannabis that does 497
not exceed the allowable amount of medical cannabis. These 498
presumptions may be rebutted by evidence that conduct related to 499
medical cannabis was not for the purpose of treating or 500
alleviating a registered qualifying patient's debilitating medical 501
condition or symptoms associated with the registered qualifying 502
patient's debilitating medical condition under this chapter. 503
(2) Subject to the conditions, limitations, requirements and 504
exceptions set forth in this chapter, the following activities 505
related to medical cannabis shall be considered lawful: 506
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(a) The purchase, transportation or possession of up to 507
the allowable amount or medical use of medical cannabis; 508
(b) Financial reimbursement by a registered qualifying 509
patient to the patient's registered designated caregiver for 510
direct costs incurred by the registered designated caregiver for 511
assisting with the registered qualifying patient's medical use of 512
medical cannabis; 513
(c) Compensating a dispensary for goods or services 514
provided; 515
(d) The provision, by a professional or occupational 516
licensee, of advice or services related to medical cannabis 517
activities allowed under this chapter, to the extent such advice 518
or services meet or exceed the applicable professional or 519
occupational standard of care; 520
(e) Providing or selling equipment used to ingest 521
medical cannabis to a cardholder, nonresident cardholder or to a 522
medical cannabis establishment; 523
(f) Acting as a designated caregiver to assist a 524
registered qualifying patient with the act of using or 525
administering medical cannabis; 526
(g) Activities by a medical cannabis establishment or a 527
medical cannabis establishment agent that are allowed by its 528
license and registration; 529
(h) Activities by a dispensary or a dispensary agent to 530
possess, store or sell medical cannabis products, educational 531
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materials and products used to ingest medical cannabis to 532
cardholders, nonresident cardholders and other dispensaries, or to 533
purchase or otherwise acquire medical cannabis products from 534
cannabis cultivation facilities, cannabis processing facilities, 535
cannabis research facilities or other dispensaries; 536
(i) Activities by a cannabis cultivation facility, 537
cannabis processing facility or agents of these facilities to: 538
(i) Possess, plant, propagate, cultivate, grow, 539
harvest, produce, process, manufacture, compound, convert, 540
prepare, pack, repack or store medical cannabis; 541
(ii) Purchase or otherwise acquire medical 542
cannabis and cannabis products from medical cannabis 543
establishments; or 544
(iii) Sell, supply or transfer medical cannabis 545
products, equipment used to ingest medical cannabis, and related 546
supplies and educational materials to other cannabis cultivation 547
facilities, cannabis processing facilities or dispensaries. 548
(j) Activities by a cannabis research facility, a 549
cannabis testing facility or agents of these facilities to: 550
(i) Purchase or otherwise acquire medical cannabis 551
from medical cannabis establishments; 552
(ii) Possess, produce, process, compound, convert, 553
prepare, pack, test, repack and store medical cannabis and 554
cannabis products obtained from medical cannabis establishments; 555
or 556
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(iii) Sell, supply or transfer medical cannabis, 557
educational materials and equipment used to ingest medical 558
cannabis to cannabis cultivation facilities, cannabis processing 559
facilities, cannabis testing facilities and cannabis research 560
facilities. 561
(k) Activities by a cannabis transportation entity or a 562
cannabis disposal entity to transport, supply, deliver, dispose of 563
or destroy cannabis, as applicable. 564
(3) Any medical cannabis, cannabis product, equipment used 565
to ingest medical cannabis, or other interest in or right to 566
property that is possessed, owned or used in connection with the 567
medical use of medical cannabis as authorized by this chapter, or 568
acts incidental to such use, shall not be seized or forfeited. 569
This chapter shall not prevent the seizure or forfeiture of 570
medical cannabis exceeding the allowable amounts of medical 571
cannabis, nor shall it prevent seizure or forfeiture if the basis 572
for the action is unrelated to the medical cannabis that is 573
possessed, processed, transferred or used pursuant to this 574
chapter. 575
(4) Possession of, or application for, a registry 576
identification card shall not: 577
(a) Constitute probable cause or reasonable suspicion; 578
(b) Be used to support a search of the person or 579
property of the person possessing or applying for the registry 580
identification card; or 581
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(c) Subject the person or property of the person to 582
inspection by any governmental agency. 583
(5) It is the public policy of the State of Mississippi that 584
contracts related to medical cannabis that are entered into by 585
cardholders, medical cannabis establishments, medical cannabis 586
establishment agents and those who allow property to be used by 587
those persons, should be enforceable to the extent that those 588
activities comply with the other provisions of this chapter. It 589
is the public policy of the State of Mississippi that no contract 590
entered into by a cardholder, a medical cannabis establishment, or 591
a medical cannabis establishment agent, or by a person who allows 592
property to be used for activities that are authorized under this 593
chapter, shall be unenforceable on the basis that activities 594
related to cannabis are prohibited by federal law. 595
(6) An applicant for a professional or occupational license 596
shall not be denied a license based on previous employment related 597
to medical cannabis activities that are allowed under this 598
chapter. 599
SECTION 5. Section 41-137-11, Mississippi Code of 1972, is 600
brought forward as follows: 601
41-137-11. (1) Each medical cannabis establishment shall 602
use a statewide seed-to-sale tracking system certified by the MDOH 603
to track medical cannabis from seed or immature plant stage until 604
the medical cannabis is purchased by a registered qualifying 605
patient or registered designated caregiver or destroyed. Records 606
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entered into the seed-to-sale tracking system shall include each 607
day's beginning inventory, harvests, acquisitions, sales, 608
disbursements, remediations, disposals, transfers, ending 609
inventory, and any other data necessary for inventory control 610
records in the statewide seed-to-sale tracking system. Each 611
medical cannabis dispensary shall be responsible for ensuring that 612
all medical cannabis sold or disbursed to a registered qualifying 613
patient or registered designated caregiver is recorded in the 614
seed-to-sale tracking system as a purchase by or on behalf of the 615
applicable registered qualifying patients. 616
(2) Amounts of medical cannabis shall be recorded in the 617
following manner: 618
(a) For dried, unprocessed cannabis, in ounces or 619
grams; 620
(b) For concentrates, in grams; or 621
(c) For infused products, by milligrams of THC. 622
(3) The seed-to-sale tracking system used by cannabis 623
cultivation facilities, dispensaries, cannabis processing 624
facilities, cannabis testing facilities, cannabis research 625
facilities, cannabis transportation entities and cannabis disposal 626
entities shall be capable of: 627
(a) Allowing those facilities and entities to interface 628
with the statewide system such that a facility may enter and 629
access information in the statewide system; 630
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(b) Providing the MDOR and MDOH with access to all 631
information stored in the system's database; 632
(c) Maintaining the confidentiality of all patient and 633
caregiver data and records accessed or stored by the system such 634
that all persons or entities other than the MDOR and MDOH may only 635
access the information in the system that they are authorized by 636
law to access; 637
(d) Producing analytical reports to the MDOR and MDOH 638
regarding the total quantity of daily, monthly, and yearly sales 639
at the facility per product type; the average prices of daily, 640
monthly, and yearly sales at the facility per product type; and 641
total inventory or sales record adjustments at the facility; and 642
(e) The ability to determine the amount of medical 643
cannabis that a registered qualifying patient or registered 644
designated caregiver has purchased that day in real time by 645
searching a patient registration number. 646
(4) Banks and other financial institutions may be allowed 647
access to specific limited information from the seed-to-sale 648
tracking system. The information that may be available to these 649
institutions shall be limited to financial data of individuals and 650
business entities that have a business relationship with these 651
institutions. This information shall be limited to the 652
information needed for banks to comply with applicable federal 653
regulations and shall not disclose any medical or personal 654
information about registered cardholders or designated caregivers. 655
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SECTION 6. Section 41-137-13, Mississippi Code of 1972, is 656
brought forward as follows: 657
41-137-13. (1) This chapter shall not be construed to do 658
any of the following: 659
(a) Require an organization for managed care, health 660
benefit plan, private health insurer, government medical 661
assistance program, employer, property and casualty, or workers' 662
compensation insurer or self-insured group providing coverage for 663
a medical, pharmacy or health care service to pay for or reimburse 664
any other individual or entity for costs associated with the 665
medical use of cannabis; 666
(b) Require any employer to permit, accommodate, or 667
allow the medical use of medical cannabis, or to modify any job or 668
working conditions of any employee who engages in the medical use 669
of medical cannabis or who for any reason seeks to engage in the 670
medical use of medical cannabis; 671
(c) Prohibit any employer from refusing to hire, 672
discharging, disciplining, or otherwise taking an adverse 673
employment action against an individual with respect to hiring, 674
discharging, tenure, terms, conditions, or privileges of 675
employment as a result, in whole or in part, of that individual's 676
medical use of medical cannabis, regardless of the individual's 677
impairment or lack of impairment resulting from the medical use of 678
medical cannabis; 679
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(d) Prohibit or limit the ability of any employer from 680
establishing or enforcing a drug-testing policy; 681
(e) Interfere with, impair or impede any federal 682
restrictions or requirements on employment or contracting, 683
including, but not limited to, regulations adopted by the United 684
States Department of Transportation in Title 49, Code of Federal 685
Regulations; 686
(f) Permit, authorize, or establish any individual's 687
right to commence or undertake any legal action against an 688
employer for refusing to hire, discharging, disciplining or 689
otherwise taking an adverse employment action against an 690
individual with respect to hiring, discharging, tenure, terms, 691
conditions or privileges of employment due to the individual's 692
medical use of medical cannabis; 693
(g) Affect, alter or otherwise impact the workers' 694
compensation premium discount available to employers who establish 695
a drug-free workplace program in accordance with Section 71-3-201 696
et seq.; 697
(h) Affect, alter or otherwise impact an employer's 698
right to deny or establish legal defenses to the payment of 699
workers' compensation benefits to an employee on the basis of a 700
positive drug test or refusal to submit to or cooperate with a 701
drug test, as provided under Section 71-3-7 and Section 71-3-121; 702
or 703
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(i) Affect, alter or supersede any obligation or 704
condition imposed on a parolee, probationer or an individual 705
participating in a pretrial diversion program or other 706
court-ordered substance abuse rehabilitation program. 707
(2) This chapter does not authorize any individual to engage 708
in, and does not prevent the imposition of any civil, criminal or 709
other penalties for engaging in, the following conduct: 710
(a) Acting with negligence, gross negligence, 711
recklessness, in breach of any applicable professional or 712
occupational standard of care, or to effect an intentional wrong, 713
as a result, in whole or in part, of that individual's medical use 714
of medical cannabis; 715
(b) Possessing medical cannabis or otherwise engaging 716
in the medical use of medical cannabis in any correctional 717
facility, unless the correctional facility has elected to allow 718
the cardholder to engage in the use of medical cannabis; 719
(c) Smoking medical cannabis in a public place or in a 720
motor vehicle; for purposes of this paragraph (c), the term 721
"smoking" includes vaping and any other method of inhalation of 722
medical cannabis; 723
(d) Operating, navigating, or being in actual physical 724
control of any motor vehicle, aircraft, train, motorboat or other 725
conveyance in a manner that would violate Section 59-23-7, Section 726
63-11-30 or federal law as a result, in whole or in part, of that 727
individual's medical use of medical cannabis; 728
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(e) Possessing medical cannabis in excess of the 729
allowable amount of medical cannabis; or 730
(f) Consumption, by a registered designated caregiver, 731
of cannabis provided for use to a registered qualifying patient. 732
SECTION 7. Section 41-137-15, Mississippi Code of 1972, is 733
brought forward as follows: 734
41-137-15. (1) A person shall not be denied custody of or 735
visitation rights or parenting time with a minor solely for the 736
person's status as a cardholder. 737
(2) No school, landlord or employer may be penalized or 738
denied any benefit under state law for enrolling, leasing to or 739
employing a cardholder. 740
(3) A registered qualifying patient or registered designated 741
caregiver shall not be denied the right to own, purchase or 742
possess a firearm, firearm accessory or ammunition based solely on 743
his or her status as a registered qualifying patient or registered 744
designated caregiver. No state or local agency, municipal or 745
county governing authority shall restrict, revoke, suspend or 746
otherwise infringe upon the right of a person to own, purchase or 747
possess a firearm, firearm accessory or ammunition or any related 748
firearms license or certification based solely on his or her 749
status as a registered qualifying patient or registered designated 750
caregiver. 751
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(4) Facilities such as schools, child care facilities and 752
temporary care providers shall be allowed to administer medical 753
cannabis in the same manner as with medical prescriptions. 754
(5) Nothing in this chapter shall be construed as to create 755
a private right of action by an employee against an employer. 756
(6) Nothing in this chapter shall be construed to affect the 757
existing legal relationship between an employer and employee or 758
any existing law or regulation relating to such relationship. 759
SECTION 8. Section 41-137-17, Mississippi Code of 1972, is 760
brought forward as follows: 761
41-137-17. (1) Any resident of Mississippi may petition the 762
MDOH to add serious medical conditions or their treatments to the 763
list of debilitating medical conditions listed in Section 764
41-137-3. The MDOH shall consider petitions in accordance with 765
its rules and regulations, including public notices and hearings. 766
The MDOH shall approve or deny a petition within sixty (60) days 767
of its submission. 768
(2) The approval or denial of any petition is a final 769
decision of the MDOH. Any person aggrieved by a final decision 770
may obtain judicial review thereof in accordance with Section 771
41-137-59. 772
SECTION 9. Section 41-137-19, Mississippi Code of 1972, is 773
brought forward as follows: 774
41-137-19. (1) Nothing in this chapter requires a 775
government medical assistance program or private insurer to 776
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reimburse a person for costs associated with the medical use of 777
medical cannabis. 778
(2) Nothing in this chapter prohibits an employer from 779
disciplining an employee for ingesting medical cannabis in the 780
workplace or for working while under the influence of medical 781
cannabis. 782
(3) Any person or establishment that is in lawful possession 783
of property may allow a guest, client, customer or other visitor 784
to use medical cannabis on or in that property as authorized under 785
this chapter. 786
(4) A landlord may, but shall not be required to, allow the 787
lawful cultivation, processing, testing, research, sale or use of 788
medical cannabis on rental property as authorized under this 789
chapter. 790
SECTION 10. Section 41-137-21, Mississippi Code of 1972, is 791
brought forward as follows: 792
41-137-21. (1) Any nursing facility, hospital, hospice, 793
assisted living facility, personal care home, adult day care 794
facility, or adult foster care facility may adopt reasonable 795
restrictions on the use of medical cannabis by registered 796
qualifying patients who are receiving health care services, 797
residential care services, or day care services from the facility, 798
including: 799
(a) That the facility will not store or maintain the 800
patient's supply of medical cannabis; 801
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(b) That the facility, caregivers, or hospice agencies 802
serving the facility's residents are not responsible for providing 803
the medical cannabis for registered qualifying patients; and 804
(c) That medical cannabis be consumed only in a place 805
specified by the facility. 806
(2) Nothing in this section requires a facility listed in 807
subsection (1) of this section to adopt restrictions on the 808
medical use of medical cannabis. 809
(3) A facility listed in subsection (1) of this section may 810
not unreasonably limit a registered qualifying patient's access to 811
or medical use of medical cannabis authorized under this chapter, 812
unless failing to do so would cause the facility to lose a 813
monetary or licensing-related benefit under federal law or 814
regulations. 815
SECTION 11. Section 41-137-23, Mississippi Code of 1972, is 816
brought forward as follows: 817
41-137-23. (1) No later than one hundred twenty (120) days 818
after February 2, 2022, the MDOH shall begin issuing registry 819
identification cards to qualifying patients who submit the 820
following: 821
(a) A written certification issued by a practitioner 822
within six (6) months immediately preceding the date of the 823
application; 824
(b) The application or renewal fee; 825
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(c) The name, address, social security number, and date 826
of birth of the qualifying patient; 827
(d) The name, address, and telephone number of the 828
qualifying patient's practitioner issuing the written 829
certification; 830
(e) The name, address, social security number, and date 831
of birth of the designated caregiver, or designated caregivers, 832
chosen by the qualifying patient; and 833
(f) If more than one (1) designated caregiver is 834
designated at any given time, documentation demonstrating that a 835
greater number of designated caregivers is needed due to the 836
patient's age or medical condition. 837
(2) If the qualifying patient is unable to submit the 838
information required by subsection (1) of this section due to the 839
person's age or medical condition, the person responsible for 840
making medical decisions for the qualifying patient may do so on 841
behalf of the qualifying patient. 842
(3) Except as provided in subsection (5) of this section, 843
the MDOH shall: 844
(a) Verify the information contained in an application 845
or renewal submitted under this section and approve or deny an 846
application or renewal within ten (10) days of receiving a 847
completed application or renewal application; and 848
(b) Issue registry identification cards to a qualifying 849
patient and his or her designated caregiver(s), if any, within 850
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five (5) days of approving the application or renewal. A 851
designated caregiver must have a registry identification card for 852
each of his or her qualifying patients. 853
(4) (a) The MDOH shall require criminal background checks 854
in order to carry out this section. 855
(b) The MDOH shall require that the prospective 856
designated caregiver or caregiver's applicant apply for or 857
authorize the division to obtain state and national criminal 858
background checks to be conducted by the Mississippi Justice 859
Information Center of the Department of Public Safety and the 860
Federal Bureau of Investigation. 861
(c) Such criminal background checks shall conform to 862
the applicable federal standards, and shall include the taking of 863
fingerprints. 864
(d) The applicant shall authorize the release of such 865
criminal background checks to the MDOH, and shall be responsible 866
for the payment of any fee associated with the criminal background 867
checks. 868
(e) Upon completion of such criminal background checks, 869
the Mississippi Justice Information Center of the Department of 870
Public Safety shall forward to the MDOH all information obtained 871
concerning the applicant. 872
(5) The MDOH shall not issue a registry identification card 873
to a qualifying patient who is younger than eighteen (18) years of 874
age, unless: 875
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(a) The qualifying patient's practitioner has explained 876
the potential risks and benefits of the medical use of medical 877
cannabis to the custodial parent or legal guardian with 878
responsibility for health care decisions for the qualifying 879
patient; and 880
(b) The custodial parent or legal guardian with 881
responsibility for health care decisions for the qualifying 882
patient consents in writing to: 883
(i) Acknowledge the potential harms related to the 884
use of medical cannabis; 885
(ii) Allow the qualifying patient's medical use of 886
medical cannabis; 887
(iii) Serve as the qualifying patient's designated 888
caregiver; and 889
(iv) Control the acquisition of the medical 890
cannabis, the dosage and the frequency of the use of medical 891
cannabis by the qualifying patient. 892
(6) If a designated caregiver is an entity licensed to 893
provide health care services, residential care services or day 894
care services, then: 895
(a) The MDOH may provide a single registry 896
identification card to the entity, regardless of the number of 897
registered qualifying patients the entity serves; and 898
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(b) The MDOH may issue individual registry 899
identification cards for employees of the entity that may 900
transport medical cannabis. 901
(7) The MDOH shall provide an electronic or physical list of 902
registered qualifying patients who have designated the entity as 903
their caregiver. This list shall be updated with each additional 904
designation. 905
(8) The MDOH may deny an application or renewal of a 906
qualifying patient's registry identification card only if the 907
applicant: 908
(a) Did not provide the required information or 909
materials; 910
(b) Previously had a registry identification card 911
revoked; 912
(c) Provided false information; or 913
(d) Failed to meet the other requirements of this 914
chapter. 915
(9) The MDOH may deny an application or renewal for a 916
designated caregiver chosen by a qualifying patient whose registry 917
identification card was granted only if the applicant: 918
(a) Does not meet the definition of "designated 919
caregiver" under Section 41-137-3; 920
(b) Did not provide the information required; 921
(c) Previously had a registry identification card 922
revoked; 923
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(d) Provided false information; 924
(e) Is younger than twenty-one (21) years of age and is 925
not the parent or legal guardian of the qualifying patient who the 926
designated caregiver would assist; or 927
(f) Failed to meet the other requirements of this 928
chapter. 929
(10) The MDOH shall give written notice to the qualifying 930
patient of the reason for denying a registry identification card 931
to the qualifying patient or to the qualifying patient's 932
designated caregiver. 933
(11) Denial of an application or renewal is considered a 934
final MDOH action, subject to judicial review in accordance with 935
Section 41-137-59. 936
SECTION 12. Section 41-137-25, Mississippi Code of 1972, is 937
brought forward as follows: 938
41-137-25. (1) Registry identification cards must contain 939
all of the following: 940
(a) The name of the cardholder; 941
(b) A designation of whether the cardholder is a 942
qualifying patient, a designated caregiver or a nonresident; 943
(c) The date of issuance and expiration date of the 944
registry identification card; 945
(d) A random ten-digit alphanumeric identification 946
number, containing at least four (4) numbers and at least four (4) 947
letters, that is unique to the cardholder; 948
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(e) If the cardholder is a designated caregiver, the 949
random identification number of the qualifying patient the 950
designated caregiver will assist; 951
(f) A photograph of the cardholder; 952
(g) The toll-free phone number or internet address 953
where the card can be verified; 954
(h) A notice of the potential harm caused by medical 955
cannabis; and 956
(i) A notice of the MMCEU daily, monthly and possession 957
limit. 958
(2) The expiration date shall be visible on the registry 959
identification card. Except as provided in subsection (3) or 960
subsection (4) of this section, the expiration date for registry 961
identification cards for residents shall be one (1) year after the 962
date of issuance. The expiration date for registry identification 963
cards for nonresidents shall be fifteen (15) days after the date 964
of issuance, except as provided in subsection (4) of this section. 965
(3) If the practitioner stated in the written certification 966
that the qualifying patient would benefit from the medical use of 967
medical cannabis until a specified earlier date, then the registry 968
identification card shall expire on that date, except as provided 969
in subsection (4) of this section. 970
(4) (a) The expiration date for registry identification 971
cards for residents that are issued not later than one hundred 972
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fifty (150) days after February 2, 2022, shall be one (1) year 973
after the initial one-hundred-fifty-day period. 974
(b) If the practitioner specified an earlier date for 975
the expiration of the registry identification card as provided 976
under subsection (3) of this section, then the registry 977
identification card shall be valid for the period specified by the 978
practitioner, which shall begin after the initial 979
one-hundred-fifty-day period. 980
(c) The expiration date for registry identification 981
cards for nonresidents that are issued not later than one hundred 982
fifty (150) days after February 2, 2020, shall be fifteen (15) 983
days after the initial one-hundred-fifty-day period. 984
SECTION 13. Section 41-137-27, Mississippi Code of 1972, is 985
brought forward as follows: 986
41-137-27. (1) No later than December 31, 2022, and every 987
December 31 thereafter, the MDOH and MDOR shall provide an annual 988
report to the Governor, Lieutenant Governor, Speaker of the House 989
of Representatives, Chairman of the Senate Public Health and 990
Welfare Committee, Chairman of the House of Representatives Public 991
Health and Human Services Committee and the Chairmen of the Drug 992
Policy Committees and Appropriation Committees of the Senate and 993
House of Representatives. 994
(2) The MDOH and MDOR shall report every year to the 995
Governor, Lieutenant Governor, Speaker of the House of 996
Representatives, Chairman of the Senate Public Health and Welfare 997
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Committee, Chairman of the House of Representatives Public Health 998
and Human Services Committee and the Chairmen of the Drug Policy 999
Committees and Appropriation Committees of the Senate and House of 1000
Representatives on the number of applications for registry 1001
identification cards received, the amount of fees, fines and taxes 1002
collected, any changes to the fees allowed to be charged under 1003
this chapter, any addition to the list of debilitating medical 1004
conditions, the number of qualifying patients and designated 1005
caregivers approved, the number of registry identification cards 1006
revoked and expenses incurred by the MDOH and MDOR. The MDOH 1007
shall not include identifying information on qualifying patients, 1008
designated caregivers or practitioners in the report. 1009
(3) The MDOR shall provide quarterly reports for all sales 1010
of medical cannabis sold by dispensaries to registered qualified 1011
patients to the Governor, Lieutenant Governor, Speaker of the 1012
House of Representatives, Chairman of the Senate Public Health and 1013
Welfare Committee, Chairman of the House of Representatives Public 1014
Health and Human Services Committee, and the Chairmen of the Drug 1015
Policy Committees and Appropriation Committees of the Senate and 1016
House of Representatives. The MDOR shall report every year on the 1017
number of each type of medical cannabis establishments that are 1018
licensed and registered and the expenses incurred and revenues 1019
generated from the medical cannabis program to the Governor, 1020
Lieutenant Governor, Speaker of the House of Representatives, 1021
Chairman of the Senate Public Health and Welfare Committee, 1022
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Chairman of the House of Representatives Public Health and Human 1023
Services Committee, and the Chairmen of the Drug Policy Committees 1024
and Appropriation Committees of the Senate and House of 1025
Representatives. 1026
SECTION 14. Section 41-137-29, Mississippi Code of 1972, is 1027
brought forward as follows: 1028
41-137-29. (1) The MDOH shall maintain a confidential list 1029
of the persons to whom the MDOH has issued registry identification 1030
cards and their addresses, phone numbers, and registry 1031
identification numbers. This confidential list shall not be 1032
combined or linked in any manner with any other lists or 1033
databases, nor shall it be used for any purpose not provided for 1034
in this chapter. 1035
(2) All records containing the identity of registered 1036
qualifying patients, registered designated caregivers or 1037
practitioners shall be confidential and exempt from disclosure 1038
under the Mississippi Public Records Act or any related statute, 1039
rule or regulation pertaining to public disclosure of records. 1040
Within one hundred twenty (120) days after February 2, 2022, the 1041
MDOH shall establish a secure phone and internet-based 1042
verification system. The verification system must allow law 1043
enforcement personnel and medical cannabis establishments to enter 1044
a registry identification number to determine whether the number 1045
corresponds with a current, valid registry identification card. 1046
The system may disclose only: 1047
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(a) Whether the identification card is valid; 1048
(b) The name of the cardholder; 1049
(c) Whether the cardholder is a registered qualifying 1050
patient, a registered designated caregiver, or a nonresident; and 1051
(d) If a cardholder is a registered designated 1052
caregiver, the registry identification number of any affiliated 1053
registered qualifying patient. 1054
SECTION 15. Section 41-137-31, Mississippi Code of 1972, is 1055
brought forward as follows: 1056
41-137-31. (1) The following notifications and MDOH 1057
responses are required: 1058
(a) A registered qualifying patient shall notify the 1059
MDOH of any change in his or her name or address, or if the 1060
registered qualifying patient ceases to have his or her diagnosed 1061
debilitating medical condition, within twenty (20) days of the 1062
change. 1063
(b) A registered designated caregiver shall notify the 1064
MDOH of any change in his or her name or address, or if the 1065
designated caregiver becomes aware that the registered qualifying 1066
patient passed away, within twenty (20) days of the change. 1067
(c) Before a registered qualifying patient changes his 1068
or her registered designated caregiver, the registered qualifying 1069
patient must notify the MDOH. 1070
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(d) If a cardholder loses his or her registry 1071
identification card, he or she shall notify the MDOH within ten 1072
(10) days of becoming aware that the card has been lost. 1073
(2) Each notification that a registered qualifying patient 1074
is required to make shall instead be made by the patient's 1075
registered designated caregiver if the qualifying patient is 1076
unable to make the notification due to his or her age or medical 1077
condition. 1078
(3) When a cardholder notifies the MDOH of any of the 1079
circumstances listed in subsection (1) of this section but remains 1080
eligible under this chapter, the MDOH shall issue the cardholder a 1081
new registry identification card within ten (10) days of receiving 1082
the updated information and a Twenty-five Dollar ($25.00) fee. If 1083
the person notifying the MDOH is a registered qualifying patient, 1084
the MDOH shall also issue his or her registered designated 1085
caregiver, if any, a new registry identification card within ten 1086
(10) days of receiving the updated information. 1087
(4) If the registered qualifying patient's certifying 1088
practitioner notifies the patient and the MDOH in writing that 1089
either the registered qualifying patient has ceased to have a 1090
debilitating medical condition or that the practitioner no longer 1091
believes, in his or her professional opinion and within his or her 1092
scope of practice, that the patient would likely receive medical 1093
or palliative benefit from the medical use of medical cannabis to 1094
treat or alleviate the patient's debilitating medical condition or 1095
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symptoms associated with the patient's debilitating medical 1096
condition, the card shall become null and void. 1097
(5) A medical cannabis establishment shall notify the MDOH 1098
within one (1) business day of any theft or loss of medical 1099
cannabis. 1100
(6) A medical cannabis establishment shall notify its 1101
licensing agency within one (1) business day if there is a change 1102
of ownership or closure of the entity. 1103
SECTION 16. Section 41-137-33, Mississippi Code of 1972, is 1104
brought forward as follows: 1105
41-137-33. Medical cannabis dispensaries shall report 1106
medical cannabis dispensing information every twenty-four (24) 1107
hours to the Prescription Monitoring Program provided for in 1108
Section 73-21-127. Dispensaries shall submit information as 1109
required by the Prescription Monitoring Program, including, but 1110
not limited to, the qualified patient's registry identification 1111
card number and the amount of medical cannabis dispensed to the 1112
patient. 1113
SECTION 17. Section 41-137-35, Mississippi Code of 1972, is 1114
brought forward as follows: 1115
41-137-35. (1) The MDOH shall issue licenses for cannabis 1116
cultivation facilities, cannabis processing facilities, cannabis 1117
transportation entities, cannabis disposal entities, cannabis 1118
research facilities and cannabis testing facilities. The MDOR 1119
shall issue licenses for medical cannabis dispensaries. 1120
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(2) The cannabis cultivation facility license application 1121
fee shall be subject to the following tiers: 1122
(a) Micro-cultivators. 1123
(i) Tier 1. A cannabis cultivation facility with 1124
a canopy of one thousand (1,000) square feet or less shall be 1125
subject to a one-time nonrefundable license application fee of One 1126
Thousand Five Hundred Dollars ($1,500.00). The annual license fee 1127
shall be a nonrefundable fee of Two Thousand Dollars ($2,000.00). 1128
(ii) Tier 2. A cannabis cultivation facility with 1129
a canopy of more than one thousand (1,000) square feet but not 1130
more than two thousand (2,000) square feet shall be subject to a 1131
one-time nonrefundable license application fee of Two Thousand 1132
Five Hundred Dollars ($2,500.00). The annual license fee shall be 1133
a nonrefundable fee of Three Thousand Five Hundred Dollars 1134
($3,500.00). 1135
(b) Cultivators. 1136
(i) Tier 1. A cannabis cultivation facility with 1137
a canopy of not less than two thousand (2,000) square feet but not 1138
more than five thousand (5,000) square feet shall be subject to a 1139
one-time nonrefundable license application fee of Five Thousand 1140
Dollars ($5,000.00). The annual license fee shall be a 1141
nonrefundable fee of Fifteen Thousand Dollars ($15,000.00). 1142
(ii) Tier 2. A cannabis cultivation facility with 1143
a canopy of not less than five thousand (5,000) square feet but 1144
not more than fifteen thousand (15,000) square feet shall be 1145
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subject to a one-time nonrefundable license application fee of Ten 1146
Thousand Dollars ($10,000.00). The annual license fee shall be a 1147
nonrefundable fee of Twenty-five Thousand Dollars ($25,000.00). 1148
(iii) Tier 3. A cannabis cultivation facility 1149
with a canopy of not less than fifteen thousand (15,000) square 1150
feet but not more than thirty thousand (30,000) square feet shall 1151
be subject to a one-time nonrefundable license application fee of 1152
Twenty Thousand Dollars ($20,000.00). The annual license fee 1153
shall be a nonrefundable fee of Fifty Thousand Dollars 1154
($50,000.00). 1155
(iv) Tier 4. A cannabis cultivation facility with 1156
a canopy of not less than thirty thousand (30,000) square feet but 1157
not more than sixty thousand (60,000) square feet shall be subject 1158
to a one-time nonrefundable license application fee of Thirty 1159
Thousand Dollars ($30,000.00). The annual license fee shall be a 1160
nonrefundable fee of Seventy-five Thousand Dollars ($75,000.00). 1161
(v) Tier 5. A cannabis cultivation facility with 1162
a canopy of not less than sixty thousand (60,000) square feet but 1163
not more than one hundred thousand (100,000) square feet shall be 1164
subject to a one-time nonrefundable license application fee of 1165
Forty Thousand Dollars ($40,000.00). The annual license fee shall 1166
be a nonrefundable fee of One Hundred Thousand Dollars 1167
($100,000.00). 1168
(vi) Tier 6. A cannabis cultivation facility with 1169
a canopy of not less than one hundred thousand (100,000) square 1170
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feet but not more than one hundred fifty thousand (150,000) square 1171
feet shall be subject to a one-time nonrefundable license 1172
application fee of Sixty Thousand Dollars ($60,000.00). The 1173
annual license fee shall be a nonrefundable fee of One Hundred 1174
Fifty Thousand Dollars ($150,000.00). Tier 6 cannabis cultivation 1175
facilities shall have not more than two (2) locations; however, 1176
the total canopy space of both locations combined may not exceed 1177
one hundred fifty thousand (150,000) square feet. 1178
(3) The cannabis processing facility license application fee 1179
shall be subject to the following tiers: 1180
(a) Micro-processors. 1181
(i) Tier 1. A cannabis processing facility which 1182
processes less than two thousand (2,000) pounds of dried biomass 1183
cannabis material annually shall be subject to a one-time 1184
nonrefundable license application fee of Two Thousand Dollars 1185
($2,000.00). The annual license fee shall be a nonrefundable fee 1186
of Three Thousand Five Hundred Dollars ($3,500.00). 1187
(ii) Tier 2. A cannabis processing facility which 1188
processes not less than two thousand (2,000) pounds but less than 1189
three thousand (3,000) pounds of dried biomass cannabis material 1190
annually shall be subject to a one-time nonrefundable license 1191
application fee of Two Thousand Five Hundred Dollars ($2,500.00). 1192
The annual license fee shall be a nonrefundable fee of Five 1193
Thousand Dollars ($5,000.00). 1194
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(b) Processors. A cannabis processing facility which 1195
processes not less than three thousand (3,000) pounds of biomass 1196
cannabis material annually shall be subject to a one-time 1197
nonrefundable license application fee of Fifteen Thousand Dollars 1198
($15,000.00). The annual license fee shall be a nonrefundable fee 1199
of Twenty Thousand Dollars ($20,000.00). 1200
(4) A medical cannabis dispensary shall be subject to a 1201
one-time nonrefundable license application fee of Fifteen Thousand 1202
Dollars ($15,000.00). The annual license fee shall be a 1203
nonrefundable fee of Twenty-five Thousand Dollars ($25,000.00). 1204
(5) Cannabis transportation entities shall be subject to a 1205
one-time nonrefundable application fee of Five Thousand Dollars 1206
($5,000.00). The annual license fee shall be a nonrefundable fee 1207
of Seven Thousand Five Hundred Dollars ($7,500.00). 1208
(6) Cannabis disposal entities shall be subject to a 1209
one-time nonrefundable application fee of Five Thousand Dollars 1210
($5,000.00). The annual license fee shall be a nonrefundable fee 1211
of Seven Thousand Five Hundred Dollars ($7,500.00). 1212
(7) Cannabis testing facilities shall be subject to a 1213
one-time nonrefundable application fee of Ten Thousand Dollars 1214
($10,000.00) and an annual license fee of Fifteen Thousand Dollars 1215
($15,000.00). An individual or business entity that has a direct 1216
or indirect ownership or economic interest in a licensed cannabis 1217
testing facility may also have a direct or indirect ownership or 1218
economic interest in a licensed medical cannabis transportation 1219
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entity. A cannabis testing facility may enter into an agreement 1220
for the transportation of medical cannabis by a licensed medical 1221
cannabis transportation entity. MDOH may contract with a private 1222
laboratory for the purpose of conducting compliance testing 1223
oversight of medical cannabis testing facilities licensed in the 1224
state. Any such laboratory under contract for compliance testing 1225
oversight shall be prohibited from conducting any other commercial 1226
medical cannabis testing in this state. 1227
(8) Cannabis research facilities shall be subject to a 1228
one-time nonrefundable application fee of Ten Thousand Dollars 1229
($10,000.00) and an annual license fee of Fifteen Thousand Dollars 1230
($15,000.00). A research facility at any university or college in 1231
this state shall be exempt from all fees imposed under this 1232
section. 1233
(9) No individual or business entity shall have a direct or 1234
indirect ownership or economic interest of greater than ten 1235
percent (10%) in: 1236
(a) More than one (1) cannabis cultivation facility 1237
license; 1238
(b) More than one (1) cannabis processing facility 1239
license; and 1240
(c) More than five (5) medical cannabis dispensary 1241
licenses. 1242
(10) Minimum qualifications for applicants for a cannabis 1243
cultivation facility, a cannabis processing facility, a medical 1244
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cannabis dispensary, a medical cannabis transportation entity or a 1245
medical cannabis disposal entity license(s) are as follows: 1246
(a) An individual applicant for a cannabis cultivation 1247
facility, cannabis processing facility, medical cannabis 1248
dispensary, medical cannabis transportation entity or medical 1249
cannabis disposal license shall be a natural person who: 1250
(i) Is at least twenty-one (21) years of age; 1251
(ii) Has not previously held a license for a 1252
cannabis cultivation facility, cannabis processing facility, 1253
medical cannabis dispensary, medical cannabis transportation 1254
entity or medical cannabis disposal entity that has been revoked; 1255
(iii) Has not been convicted of a disqualifying 1256
felony offense; 1257
(iv) If possessing a professional or occupational 1258
license, that the license is in good standing; 1259
(v) Has submitted a sworn statement indicating 1260
that he or she is a true and actual owner of the entity for which 1261
the license is desired, and that he or she intends to carry on the 1262
business authorized for himself or herself and the entity and not 1263
as the agent for any other entity. 1264
(vi) Has no outstanding tax delinquencies owed to 1265
the State of Mississippi; 1266
(vii) Is not serving as a member of the 1267
Mississippi Senate or Mississippi House of Representatives through 1268
December 31, 2022; 1269
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(viii) Is not the spouse of a person serving as a 1270
member of the Mississippi Senate or Mississippi House of 1271
Representatives through December 31, 2022; and 1272
(b) If the applicant is applying on behalf of an 1273
entity, in addition to paragraph (a) of this subsection, the 1274
individual applicant shall: 1275
(i) Be legally authorized to submit an application 1276
on behalf of the entity; 1277
(ii) Serve as the primary point of contact with 1278
the MDOR and MDOH; 1279
(iii) Submit sufficient proof that the entity has 1280
no owner, board member, officer, or anyone with an economic 1281
interest in the entity who: 1282
1. Is under the age of twenty-one (21); 1283
2. Has previously been an owner of a medical 1284
cannabis dispensary, cannabis cultivation facility, a cannabis 1285
processing facility, medical cannabis transportation entity or 1286
medical cannabis disposal entity that has had its license revoked; 1287
3. Has been convicted of a disqualifying 1288
felony offense; 1289
4. Owes delinquent taxes to the State of 1290
Mississippi; 1291
5. Is serving as a member of the Mississippi 1292
Senate or Mississippi House of Representatives through December 1293
31, 2022; and 1294
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6. Is the spouse of a person serving as a 1295
member of the Mississippi Senate or Mississippi House of 1296
Representatives through December 31, 2022; and 1297
(iv) Submit sufficient proof that if an owner, 1298
board member, officer or anyone with an economic interest in the 1299
entity has or had a professional or occupational license, that the 1300
license is in good standing. 1301
(11) [Repealed] 1302
(12) A micro-cultivator or a micro-processor shall both meet 1303
the minimum qualifications in subsection (10) of this section and 1304
shall also submit sufficient proof of the following: 1305
(a) If a natural person, proof that the person has been 1306
a resident of the State of Mississippi and a citizen of the United 1307
States of America for at least three (3) years prior to the 1308
application date; or 1309
(b) If a business entity, provide proof that: 1310
(i) It was registered as an entity with the 1311
Secretary of State in Mississippi; and 1312
(ii) One-hundred percent (100%) of the equity 1313
ownership interests in the entity are held by individuals who have 1314
been residents of the State of Mississippi and citizens of the 1315
United States of America for at least three (3) consecutive years 1316
prior to the application date. 1317
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(13) For purposes of this section, it shall be sufficient to 1318
prove Mississippi residency for the individual(s) to submit two 1319
(2) of the following source documents: 1320
(a) Mississippi Tax Return Form 80-105 or Form 80-205 1321
for each of the three (3) years preceding the application without 1322
schedules, worksheets, or attachments, and redacted to remove all 1323
financial information and all but the last four (4) digits of the 1324
individual's social security number for the three (3) years 1325
preceding the application; 1326
(b) Ownership, lease, or rental documents for place of 1327
primary domicile for the three (3) years preceding the 1328
application; 1329
(c) Billing statements, including utility bills for the 1330
three (3) years preceding the application; or 1331
(d) Vehicle registration for the three (3) years 1332
preceding the application. 1333
(14) Ownership in a cannabis cultivation facility license, 1334
cannabis processing facility license or a medical cannabis 1335
dispensary license or investment in a business that supports or 1336
benefits from such a license shall not disqualify or otherwise 1337
negatively impact the license or finding of suitability of such 1338
owner who is otherwise engaged in any other form of business 1339
operation in the state, if such business requires the owner to 1340
hold a license or be found suitable under state law. 1341
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(15) Any business or state entity applying for registration 1342
as a medical cannabis establishment must meet all the requirements 1343
specified in this chapter. 1344
(16) A prospective medical cannabis establishment shall 1345
submit all of the following: 1346
(a) An application, including: 1347
(i) The legal name of the prospective medical 1348
cannabis establishment; 1349
(ii) The physical address of the prospective 1350
medical cannabis establishment, which shall not be within one 1351
thousand (1,000) feet of the nearest property boundary line of a 1352
school, church or child care facility which exists or has acquired 1353
necessary real property for the operation of such facility before 1354
the date of the medical cannabis establishment application unless 1355
the entity has received approval from the school, church or child 1356
care facility and received the applicable waiver from their 1357
licensing agency, provided that the main point of entry of the 1358
cannabis establishment is not located within five hundred (500) 1359
feet of the nearest property boundary line of any school, church 1360
or child care facility; 1361
(iii) The name of each principal officer and board 1362
member of the proposed medical cannabis establishment; and 1363
(iv) Any additional information requested by the 1364
MDOR and MDOH. 1365
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(b) Operating procedures consistent with rules and 1366
regulations for oversight of the proposed medical cannabis 1367
establishment, including procedures to ensure accurate record 1368
keeping and adequate security measures. 1369
(c) If the municipality or county where the proposed 1370
medical cannabis establishment would be located has enacted zoning 1371
restrictions, a sworn statement certifying that the proposed 1372
medical cannabis establishment is in compliance with the 1373
restrictions. 1374
(d) If the municipality or county where the proposed 1375
medical cannabis establishment would be located requires a local 1376
registration, license or permit, then proof of receiving such 1377
registration, license or permit. 1378
(e) If the application is on behalf of an entity, 1379
verification that none of the principal officers or board members 1380
have served as a principal officer or board member for a medical 1381
cannabis establishment that has had its license revoked. 1382
(f) If the application is on behalf of an entity, 1383
verification that none of the principal officers or board members 1384
is under twenty-one (21) years of age. 1385
(17) If a dispensary license is issued to an applicant that 1386
is still constructing the licensed premises, the applicant must 1387
complete construction and fulfill all obligations required by the 1388
Department of Revenue to open for business within eighteen (18) 1389
months, or the license shall be revoked. 1390
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(18) The MDOR and MDOH shall issue a renewal registration 1391
certificate within ten (10) days of receipt of the prescribed 1392
renewal application and renewal fee from a medical cannabis 1393
establishment if its license is not under suspension and has not 1394
been revoked. 1395
(19) A licensing agency shall require disclosure only of 1396
persons, entities or affiliated entities who directly or 1397
indirectly own ten percent (10%) or more of a medical cannabis 1398
establishment issued a license by the licensing agency. 1399
(20) Otherwise eligible applicants for licenses to operate 1400
as medical cannabis establishments under this chapter shall not be 1401
disqualified from receipt of a license based on: 1402
(a) Their location on Mississippi Choctaw Indian 1403
Reservation Lands; or 1404
(b) The involvement of the Mississippi Band of Choctaw 1405
Indians or any entity owned or operated by the Mississippi Band of 1406
Choctaw Indians as an owner or co-owner of such license, provided 1407
that such license shall be subject to revocation for material 1408
noncompliance with this chapter on the same basis as any other 1409
license. 1410
(21) A cannabis processing facility that produces edible 1411
cannabis products shall hold a permit to operate as a food 1412
establishment and shall comply with all applicable requirements 1413
for food establishments as set by the MDOH. 1414
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(22) Any cannabis that contains less than three tenths 1415
percent (.3%) THC that was addressed by the 2018 Farm Bill, Public 1416
Law No. 115-334, shall be exempt from regulations applicable to 1417
medical cannabis establishments licensed under this chapter. 1418
SECTION 18. Section 41-137-37, Mississippi Code of 1972, is 1419
brought forward as follows: 1420
41-137-37. (1) A municipality or county may enact 1421
ordinances or regulations not in conflict with this chapter, or 1422
with regulations enacted under this chapter, governing the time, 1423
place, and manner of medical cannabis establishment operations in 1424
the locality. A municipality or county may establish penalties 1425
for violation of an ordinance or regulation governing the time, 1426
place and manner of a medical cannabis establishment that may 1427
operate in the municipality or county. An applicant for a medical 1428
cannabis establishment license shall not apply to a county or 1429
municipality for any action regarding zoning or permitting of a 1430
medical cannabis establishment until after the applicant has 1431
received a medical cannabis establishment license from the MDOH or 1432
MDOR as applicable. 1433
(2) No municipality or county may prohibit dispensaries 1434
either expressly or through the enactment of ordinances or 1435
regulations that make their operation impracticable in the 1436
jurisdiction. The main point of entry of a medical cannabis 1437
establishment shall not be located within one thousand (1,000) 1438
feet of the nearest property boundary line of any school, church 1439
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or child care facility. A medical cannabis establishment may 1440
receive a waiver to this distance restriction by receiving 1441
approval from the school, church or child care facility and by 1442
applying for a waiver with its respective licensing agency, 1443
provided that the main point of entry of the cannabis 1444
establishment is not located within five hundred (500) feet of the 1445
nearest property boundary line of any school, church or child care 1446
facility. 1447
(3) A dispensary, cannabis research facility or cannabis 1448
testing facility may be located in any area in a municipality or 1449
county that is zoned as commercial or for which commercial use is 1450
otherwise authorized or not prohibited, provided that it being 1451
located there does not violate any other provisions of this 1452
chapter. A cannabis cultivation facility and/or cannabis 1453
processing facility may be located in any area in a municipality 1454
or county that is zoned as agricultural or industrial or for which 1455
agricultural or industrial use is otherwise authorized or not 1456
prohibited, provided that it being there does not violate any 1457
other provision of this chapter. A cannabis cultivation facility 1458
and/or cannabis processing facility may be located in any area in 1459
a municipality or county that is zoned as commercial or for which 1460
commercial use is otherwise authorized or not prohibited, provided 1461
that the municipality or county has authorized the entity to be 1462
located in such area and that it being there does not violate any 1463
other provision of this chapter. The municipality or county may 1464
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authorize this by granting a variance to an existing zoning 1465
ordinance or by adopting a change in the zoning ordinance that 1466
allows for those entities to be located in specific commercial 1467
areas. 1468
(4) A municipality or county may require a medical cannabis 1469
establishment to obtain a local license, permit or registration to 1470
operate, and may charge a reasonable fee for the local license, 1471
permit or registration, provided that this fee is consistent with 1472
fees charged to businesses that are not involved in the cannabis 1473
industry. 1474
(5) No medical cannabis dispensary may be located within a 1475
one-thousand-five-hundred-feet radius from the main point of entry 1476
of the dispensary to the main point of entry of another medical 1477
cannabis dispensary. If the sole basis of denial by the licensing 1478
agency in refusing to issue the medical cannabis dispensary a 1479
license to operate is that the dispensary fails the distance 1480
requirement of this subsection (5), then the licensing agency may 1481
refund all or part of the license application fee in Section 1482
41-137-35(5) to the applicant. 1483
SECTION 19. Section 41-137-39, Mississippi Code of 1972, is 1484
brought forward as follows: 1485
41-137-39. (1) (a) The MDOH shall obtain criminal records 1486
background checks on all persons applying to become a licensee, an 1487
agent, or representative as defined herein, of a medical cannabis 1488
establishment. This shall include performing criminal records 1489
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background checks on all potential employees, current employees, 1490
or representatives/agents of the MDOH Medical Cannabis Program. 1491
The required criminal history background check includes 1492
information provided by the Federal Bureau of Investigation. 1493
(b) For the purposes of this section, an applicant is 1494
any person who registers with or applies for an initial medical 1495
cannabis work permit, or a renewal of a medical cannabis work 1496
permit. Such a person or applicant may also be defined as an 1497
agent, an employee, a representative, etc., as further defined and 1498
sometimes used interchangeably as referenced in this section. 1499
(c) For purposes of this section, an agent is a person 1500
who acts for or on behalf of, or who represents a medical cannabis 1501
establishment while in the course of business or employment with 1502
the Mississippi Medical Cannabis Program and may also be referred 1503
to as an agent, a representative, or vice versa. 1504
(d) Representative means a principal officer, owner of 1505
ten percent (10%) or greater economic interest in a medical 1506
cannabis establishment with direct or indirect interest, officer, 1507
director, manager, employee, agent, volunteer, or other type of 1508
representative of a registered medical cannabis licensee 1509
establishment. 1510
(e) Principal officer means a person(s) who has 1511
ultimate responsibility for implementing the decisions of a 1512
cannabis testing facility or other such medical cannabis 1513
establishment and includes, but is not necessarily limited to, the 1514
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Chief Executive Officer (CEO), Chief Administrative Office (CAO), 1515
Chief Financial Officer, (CFO), as applicable. Elected or 1516
appointed, the board as a whole creates agency policies and 1517
oversees the agency's managerial positions. 1518
(f) Board member means an individual on a medical 1519
cannabis establishment's company or agency board which serves as 1520
an organization's governing body. 1521
(g) Principal owner means the primary owner of a 1522
medical cannabis establishment, but often may be the sole owner. 1523
(h) Any and every person/applicant seeking to become an 1524
owner or principal owner, principal officer, or officer, board 1525
member, director, manager, agent/representative, employee, care 1526
giver, or volunteer of a medical cannabis establishment shall 1527
apply for, or authorize the MDOH to obtain state and national 1528
criminal background checks to be conducted by the Mississippi 1529
Justice Information Center of the Department of Public Safety and 1530
the Federal Bureau of Investigation. 1531
(i) Such criminal background checks shall conform to 1532
the applicable federal standards and shall include the taking of 1533
fingerprints. 1534
(j) Once the Mississippi Justice Information Center of 1535
the Department of Public Safety completes a state level criminal 1536
history background check, they will forward the fingerprints to 1537
the Federal Bureau of Investigation for a national criminal 1538
history background check. 1539
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(k) The person seeking to become an 1540
agent/representative of a medical cannabis establishment shall 1541
authorize the release of such criminal background checks to the 1542
MDOH and shall be responsible for the payment of any fee that the 1543
Mississippi Justice Information Center of the Department of Public 1544
Safety or the MDOH charges to process fingerprint-based state and 1545
national criminal background checks. The Department of Public 1546
Safety and the MDOH each may charge and retain a fee not to exceed 1547
Sixty Dollars ($60.00) for each applicant. 1548
(l) The Mississippi Justice Information Center of the 1549
Department of Public Safety shall forward to the MDOH all 1550
information obtained concerning the applicant. MDOH will not 1551
disseminate the information and will only use such information as 1552
required to fulfill the purposes of this act. 1553
(2) A medical cannabis establishment may not employ any 1554
person who: 1555
(a) Was convicted of a disqualifying felony offense; or 1556
(b) Is under twenty-one (21) years of age. 1557
(3) The operating documents of a medical cannabis 1558
establishment must include procedures for the oversight of the 1559
medical cannabis establishment and procedures to ensure accurate 1560
record keeping and adequate security measures. 1561
(4) A medical cannabis establishment shall implement 1562
appropriate security measures designed to deter and prevent the 1563
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theft of medical cannabis and unauthorized entrance into areas 1564
containing medical cannabis. 1565
(5) All cultivation, harvesting, processing and packaging of 1566
medical cannabis must take place in an enclosed, locked and secure 1567
facility with a physical address provided to the MDOH during the 1568
licensing and registration process. The facility shall be 1569
equipped with locks or other security devices that permit access 1570
only by agents of the medical cannabis establishment, emergency 1571
personnel or adults who are twenty-one (21) years of age and older 1572
and who are accompanied by medical cannabis establishment agents. 1573
(6) No medical cannabis establishment other than a cannabis 1574
processing facility or cannabis research facility may produce 1575
cannabis concentrates, cannabis extractions, or other cannabis 1576
products. 1577
(7) A medical cannabis establishment may not share office 1578
space with or refer patients to a practitioner. 1579
(8) Medical cannabis establishments are subject to 1580
inspection by the MDOR and MDOH during business hours. 1581
(9) Before medical cannabis may be dispensed to a 1582
cardholder, a dispensary agent must: 1583
(a) Require that the individual present a registry 1584
identification card; 1585
(b) Make a diligent effort to verify that the registry 1586
identification card presented to the dispensary is valid; 1587
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(c) Make a diligent effort to verify that the person 1588
presenting the registry identification card is the person 1589
identified on the registry identification card presented to the 1590
dispensary agent; and 1591
(d) Not believe that the amount of medical cannabis 1592
dispensed would cause the person to possess more than the 1593
allowable amount of medical cannabis. 1594
(10) A medical cannabis establishment shall not sell more 1595
than the allowable amount of medical cannabis to a cardholder. A 1596
resident cardholder shall not obtain more than a total of 1597
twenty-four (24) MMCEUs of allowable medical cannabis in thirty 1598
(30) days from a dispensary or a combination of dispensaries. 1599
The possession limit for resident cardholders of the 1600
allowable amount of medical cannabis shall be a total of 1601
twenty-eight (28) MMCEUs. There shall not be a possession limit 1602
on nonconsumable medical cannabis, including, but not limited to, 1603
suppositories, ointments, soaps, and lotions or other topical 1604
agents. 1605
(11) For purposes of this chapter, total THC is defined as 1606
THCA multiplied by .877 plus THC Delta 9 and all other 1607
psychoactive forms or isomers of THC added together. A medical 1608
cannabis establishment shall not sell cannabis flower or trim that 1609
has a potency of greater than thirty percent (30%) total THC. A 1610
medical cannabis dispensary shall not sell cannabis tinctures, 1611
oils or concentrates that have a potency of greater than sixty 1612
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percent (60%) total THC. Cannabis products that have a potency of 1613
over thirty percent (30%) total THC shall be clearly labeled as 1614
"extremely potent." Edible cannabis products, including food or 1615
drink products, that have been combined with usable cannabis or 1616
cannabis products shall be physically demarked and labeled with a 1617
clear determination of how much total THC is in a single-serving 1618
size and how much THC is in the entire package. 1619
A medical cannabis product shall contain a notice of harm 1620
regarding the use of cannabis products. Edible cannabis products 1621
shall be homogenized to ensure uniform disbursement of 1622
cannabinoids throughout the product. All molded edible cannabis 1623
products shall be presented in the form of geometric shapes and 1624
shall not be molded to contain any images or characters designed 1625
or likely to appeal to minors, such as cartoons, toys, animals or 1626
children. 1627
(12) A dispensary may not dispense more than the allowable 1628
amount of cannabis to a registered qualifying patient or a 1629
nonresident cardholder, directly or via a registered designated 1630
caregiver. Dispensaries shall ensure compliance with this 1631
limitation by maintaining internal, confidential records that 1632
include records specifying how much medical cannabis is being 1633
dispensed to the registered qualifying patient or nonresident 1634
cardholder and whether it was dispensed directly to a registered 1635
qualifying patient, nonresident cardholder or to the registered 1636
designated caregiver. 1637
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(13) A nonresident cardholder shall not obtain more than a 1638
total of six (6) MMCEUs of allowable medical cannabis in a week 1639
from a dispensary or a combination of dispensaries. A nonresident 1640
cardholder shall not obtain more than a total of twelve (12) 1641
MMCEUs of allowable cannabis from a dispensary or a combination of 1642
dispensaries in a fifteen-day period. 1643
(14) A nonresident may apply to receive a nonresident 1644
registry identification card up to thirty (30) days before 1645
arriving in Mississippi. A nonresident registry identification 1646
card shall be valid for fifteen (15) days. After the expiration 1647
of the card, a nonresident may apply for a renewal of the card and 1648
may be granted another card which shall be valid for another 1649
fifteen-day period. A nonresident registry identification card 1650
shall only be valid, at a maximum, for two (2) separate periods of 1651
fifteen (15) days in a three-hundred-sixty-five-day period. An 1652
applicant may indicate on his or her application the specific time 1653
period that he or she wishes for the card to be valid. The 1654
possession limit of the allowable amount of medical cannabis for 1655
nonresident cardholders shall be fourteen (14) MMCEUs. 1656
(15) A medical cannabis dispensary agent or employee shall 1657
not issue a written certification. Employees and agents of a 1658
medical cannabis dispensary shall complete at least eight (8) 1659
hours of continuing education in medical cannabis as regulated by 1660
the MDOR in order to be certified to work at a medical cannabis 1661
dispensary. After the first year of employment, these employees 1662
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shall complete five (5) hours of continuing education in medical 1663
cannabis annually to maintain this certification. 1664
(16) Notwithstanding any other provision to the contrary, a 1665
patient with a debilitating medical condition who is between 1666
eighteen (18) years to twenty-five (25) years of age is not 1667
eligible for a medical cannabis registry identification card 1668
unless two (2) practitioners from separate medical practices have 1669
diagnosed the patient as having a debilitating medical condition 1670
after an in-person consultation. One (1) of these practitioners 1671
must be a physician or doctor of osteopathic medicine. 1672
If one (1) of the recommending practitioners is not the 1673
patient's primary care practitioner, the recommending practitioner 1674
shall review the records of a diagnosing practitioner. The 1675
requirement that the two (2) practitioners be from separate 1676
medical practices does not apply if the patient is homebound or if 1677
the patient had a registry identification card before the age of 1678
eighteen (18). 1679
(17) Except as otherwise provided in this section, a medical 1680
cannabis establishment shall not allow an individual who is 1681
younger than twenty-one (21) years old to enter the premises of 1682
the establishment unless the individual possesses a registry 1683
identification card and is accompanied by his or her legal 1684
guardian. 1685
(18) A medical cannabis establishment shall only purchase, 1686
grow, cultivate, and use cannabis that is grown and cultivated in 1687
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this state. Any medical cannabis that is grown and cultivated in 1688
this state shall not be transported outside of this state. 1689
(19) Employees of all medical cannabis establishments shall 1690
apply for a work permit with the MDOH and MDOR, as applicable, 1691
before beginning employment with any establishment. The licensing 1692
agency for the respective medical cannabis establishment may issue 1693
work permits to these individuals. These licensing agencies shall 1694
maintain a work registry of all applicants and work permits 1695
issued. The fee for a work permit shall be Twenty-five Dollars 1696
($25.00) and the permit shall be valid for five (5) years. Work 1697
permits shall be the property of the employee and shall not be 1698
transferable to other employees. 1699
(20) For purposes of this subsection, "plant growth 1700
regulator cannabis" shall mean a cannabis plant whose growth and 1701
structure has been modified using plant growth hormones. A 1702
cannabis cultivation facility shall not cultivate and a cannabis 1703
dispensary shall not sell, transfer or provide for consumption 1704
plant growth regulator cannabis. 1705
(21) A medical cannabis dispensary shall only make sales to 1706
cardholders inside the dispensary. A medical cannabis dispensary 1707
shall not sell or otherwise convey medical cannabis to a 1708
cardholder through the means of a drive-through, curbside delivery 1709
or other delivery outside the premises of the dispensary. Any 1710
topical cannabis product that is purchased by a dispensary from a 1711
licensed processor, and that is not ingested by the liver, may be 1712
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sold to a cardholder or any person over the age of twenty-one (21) 1713
years old who is not a cardholder. Such products shall be placed 1714
in an area of the dispensary that does not require access with a 1715
registry identification card. 1716
(22) Any and all contracts or agreements entered into by the 1717
MDOH and MDOR for information technology software, hardware, 1718
and/or services for the purpose of implementing and/or operating 1719
under the Mississippi Medical Cannabis Act shall include language 1720
reasonably limiting the ability of the vendor to escalate the 1721
ongoing cost of such software, hardware, and/or services during 1722
the term of the contract, including any amendments and/or 1723
extensions. 1724
(23) The MDOR and MDOH shall not share the name, address or 1725
personal data of a registry identification cardholder to any 1726
federal government entity. 1727
SECTION 20. Section 41-137-41, Mississippi Code of 1972, is 1728
brought forward as follows: 1729
41-137-41. (1) From and after February 2, 2022, the MDOH 1730
and MDOR shall each, where relevant to the role of that particular 1731
agency, establish and promulgate the following rules and 1732
regulations: 1733
(a) Governing the manner in which it shall consider 1734
petitions from the public to add debilitating medical conditions 1735
or treatments to the list of debilitating medical conditions set 1736
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forth in Section 41-137-3, including public notice of and 1737
opportunities to comment in public hearings on the petitions; 1738
(b) Establishing the form and content of license and 1739
renewal applications and written certifications submitted under 1740
this chapter; 1741
(c) Governing the manner in which it shall consider 1742
applications for and renewals of registry identification cards, 1743
which may include creating a standardized written certification 1744
form; 1745
(d) Governing medical cannabis establishments with the 1746
goals of ensuring the health and safety of registered qualifying 1747
patients and preventing diversion and theft of medical cannabis 1748
without imposing an undue burden or compromising the 1749
confidentiality of cardholders, including: 1750
(i) Oversight requirements; 1751
(ii) Recordkeeping requirements; 1752
(iii) Qualifications that are directly and 1753
demonstrably related to the operation of medical cannabis 1754
establishments; 1755
(iv) Security requirements, including lighting, 1756
physical security, and alarm requirements; 1757
(v) Health and safety regulations, including 1758
restrictions on the use of pesticides, herbicides or other 1759
chemicals that are injurious to human health; 1760
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(vi) Standards for the processing of cannabis 1761
products and the indoor cultivation of cannabis by cannabis 1762
cultivation facilities; 1763
(vii) Requirements for the transportation and 1764
storage of cannabis by medical cannabis establishments; 1765
(viii) Employment and training requirements, 1766
including requiring that each medical cannabis establishment 1767
create an identification badge for each agent of the 1768
establishment; 1769
(ix) Standards for the safe processing of medical 1770
cannabis products, including extracts and concentrates; 1771
(x) Restrictions on the advertising, signage, and 1772
display of medical cannabis, provided that the restrictions may 1773
not prevent appropriate signs on the property of a dispensary, 1774
listings in business directories, including phone books, listings 1775
in cannabis-related or medical publications, display of cannabis 1776
in company logos and other branding activities, display on 1777
dispensary websites of pictures of products that the dispensary 1778
sells, or the sponsorship of health or not-for-profit charity or 1779
advocacy events; 1780
(xi) Requirements and procedures for the safe and 1781
accurate packaging and labeling of medical cannabis, including 1782
prohibiting the use of any images designed or likely to appeal to 1783
minors, such as cartoons, packaging that resembles popular candy 1784
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brands, toys, animals or children, or any other likeness or image 1785
containing characters or phrases to advertise to minors; 1786
(xii) Standards for cannabis testing facilities, 1787
including requirements for equipment and qualifications for 1788
personnel; 1789
(xiii) Protocol development for the safe delivery 1790
of medical cannabis from dispensaries to cardholders; 1791
(xiv) Reasonable requirements to ensure the 1792
applicant has sufficient property or capital to operate the 1793
applicant's proposed medical cannabis establishment; 1794
(xv) Procedures for suspending or terminating the 1795
licenses or registry identification cards of cardholders and 1796
medical cannabis establishments that commit multiple or serious 1797
violations of the provisions of this chapter or the rules and 1798
regulations promulgated pursuant to this section; 1799
(xvi) Procedures for the selection, certification 1800
and oversight of a seed-to-sale tracking system as provided for in 1801
Section 41-137-11; 1802
(xvii) Requirements for labeling medical cannabis 1803
and cannabis products, including requiring medical cannabis 1804
product labels to include the following: 1805
1. The length of time it typically takes for 1806
the product to take effect; 1807
2. Disclosure of ingredients and possible 1808
allergens; 1809
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3. A nutritional fact panel; 1810
4. The amount of THC and CBD in the product; 1811
5. A notice of the potential harm caused by 1812
consuming medical cannabis; and 1813
6. For edible cannabis products, when 1814
practicable, a standard symbol indicating that the product 1815
contains cannabis; 1816
(xviii) Procedures for the registration of 1817
nonresident cardholders, which must require the submission of: 1818
1. A practitioner's statement confirming that 1819
the patient has a debilitating medical condition; and 1820
2. Documentation demonstrating that the 1821
nonresident cardholder is allowed to possess medical cannabis or 1822
cannabis preparations in the jurisdiction where he or she resides; 1823
(xix) The amount of cannabis products, including 1824
the amount of concentrated cannabis, each cardholder and 1825
nonresident cardholder can possess; 1826
(xx) Reasonable application and renewal fees for 1827
registry identification cards and registration certificates, 1828
according to the following: 1829
1. The fee schedule shall be set as follows: 1830
a. The qualifying patient registry 1831
identification card application fee shall be Twenty-five Dollars 1832
($25.00); 1833
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b. The designated caregiver registry 1834
identification card application fee shall be Twenty-five Dollars 1835
($25.00); 1836
c. The designated caregiver criminal 1837
background fee shall be Thirty-seven Dollars ($37.00); 1838
d. The fee for a renewal or replacement 1839
of a card shall be Twenty-five Dollars ($25.00); 1840
e. The fee for a card for a nonresident 1841
patient shall be Seventy-five Dollars ($75.00); 1842
f. The qualifying patient registry 1843
identification card application fee for a Medicaid participant 1844
shall be Fifteen Dollars ($15.00) and the fee for a renewal of 1845
such card shall be Fifteen Dollars ($15.00); and 1846
g. The application fee for a qualifying 1847
patient registry identification card for disabled veterans or 1848
disabled first responders shall be waived. A disabled veteran or 1849
first responder may prove their disability by providing written 1850
documentation from their practitioner attesting to their 1851
debilitating medical condition, documentation from the Social 1852
Security Disability Office, or documentation that attests the 1853
applicant is a one-hundred percent (100%) disabled veteran as 1854
determined by the U.S. Department of Veteran Affairs and codified 1855
at 38 CFR, Section 3.340(a)(2013); and 1856
2. The MDOH may accept donations from private 1857
sources to reduce the amount of the application and renewal fees; 1858
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(xxi) Any other rules and regulations necessary to 1859
implement and administer this chapter. 1860
(2) The initial rules filed by the MDOH to implement the 1861
medical cannabis program in accordance with this chapter shall be 1862
effective immediately upon their filing. 1863
(3) No state agency, political subdivision or board shall 1864
implement any rule, regulation, policy, or requirement that is 1865
contrary to the provisions of the Mississippi Medical Cannabis 1866
Act. 1867
SECTION 21. Section 41-137-43, Mississippi Code of 1972, is 1868
brought forward as follows: 1869
41-137-43. (1) The MDOH and MDOR shall jointly create and 1870
maintain a public registry of medical cannabis establishments, 1871
which shall include, but shall not be limited to, the following 1872
information: 1873
(a) The name of the establishment; 1874
(b) The owner and, if applicable, the beneficial owner 1875
of the establishment; 1876
(c) The physical address, including municipality and 1877
zip code, of the establishment; 1878
(d) The mailing address, including municipality and zip 1879
code, of the establishment; 1880
(e) The county in which the establishment is domiciled; 1881
(f) The phone number of the establishment; 1882
(g) The electronic mail address of the establishment; 1883
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(h) The license number of the establishment; 1884
(i) The issuance date of the establishment's license; 1885
(j) The expiration date of the establishment's license; 1886
(k) The NAICS code of the establishment; 1887
(l) Any changes to the license holder's status; and 1888
(m) Any other information determined necessary by the 1889
MDOH and MDOR. 1890
(2) The public registry shall not include personal 1891
information of an owner of a medical cannabis establishment. 1892
(3) The public registry shall be maintained electronically 1893
and shall be easily accessible to the public. 1894
SECTION 22. Section 41-137-45, Mississippi Code of 1972, is 1895
brought forward as follows: 1896
41-137-45. (1) It shall be unlawful for any person or 1897
entity to cultivate, process, transport, use, possess, purchase, 1898
sell or transfer cannabis except as authorized by this chapter. 1899
(2) A cardholder or medical cannabis establishment that 1900
purposely or knowingly fails to provide a notice required by 1901
Section 41-137-31 is guilty of a civil offense, punishable by a 1902
fine of no more than One Thousand Five Hundred Dollars 1903
($1,500.00), which may be assessed and collected by the licensing 1904
agency. 1905
(3) A medical cannabis establishment or an agent of a 1906
medical cannabis establishment that purposely, knowingly, or 1907
recklessly sells or otherwise transfers medical cannabis other 1908
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than to a cardholder, a nonresident cardholder, or to a medical 1909
cannabis establishment or its agent as authorized under this 1910
chapter is guilty of a felony punishable by a fine of not more 1911
than Ten Thousand Dollars ($10,000.00), or by commitment to the 1912
custody of the Department of Corrections for not more than two (2) 1913
years, or both. A person convicted under this subsection may not 1914
continue to be affiliated with the medical cannabis establishment 1915
and is disqualified from further participation in the medical 1916
cannabis program under this chapter. 1917
(4) A cardholder or nonresident cardholder who purposely, 1918
knowingly, or recklessly sells or otherwise transfers medical 1919
cannabis to a person or other entity is guilty of a felony 1920
punishable by a fine of not more than Three Thousand Dollars 1921
($3,000.00), or by commitment to the custody of the Department of 1922
Corrections for not more than two (2) years, or both. A person 1923
convicted under this subsection is disqualified from further 1924
participation in the medical cannabis program under this chapter.1925
(5) A person who purposely, knowingly, or recklessly makes a 1926
false statement to a law enforcement official about any fact or 1927
circumstance relating to the medical use of cannabis to avoid 1928
arrest or prosecution is guilty of a misdemeanor punishable by a 1929
fine of not more than One Thousand Dollars ($1,000.00), by 1930
imprisonment in the county jail for not more than ninety (90) 1931
days, or both. If a person convicted of violating this subsection 1932
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is a cardholder, the person is disqualified from further 1933
participation in the medical cannabis program under this chapter. 1934
(6) A person who purposely submits false records or 1935
documentation for an application for a license for a medical 1936
cannabis establishment under this chapter is guilty of a felony 1937
punishable by a fine of not more than Five Thousand Dollars 1938
($5,000.00), or by commitment to the custody of the Department of 1939
Corrections for not more than two (2) years, or both. A person 1940
convicted under this subsection may not continue to be affiliated 1941
with the medical cannabis establishment and is disqualified from 1942
further participation in the medical cannabis program under this 1943
chapter. 1944
(7) A practitioner who purposely refers patients to a 1945
specific medical cannabis establishment or to a registered 1946
designated caregiver, who advertises in a medical cannabis 1947
establishment, or who issues written certifications while holding 1948
a financial interest in a medical cannabis establishment, is 1949
guilty of a civil offense for every false certification and shall 1950
be fined up to Five Thousand Dollars ($5,000.00) by the MDOH. 1951
(8) Any person, including an employee or official of an 1952
agency or local government, who purposely, knowingly, or 1953
recklessly breaches the confidentiality of information obtained 1954
under this chapter is guilty of a misdemeanor punishable by a fine 1955
of not more than One Thousand Dollars ($1,000.00), or by 1956
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imprisonment for not more than one hundred eighty (180) days in 1957
the county jail, or both. 1958
(9) No person, other than a cannabis processing facility or 1959
its agents, complying with this chapter and the rules and 1960
regulations promulgated under it, may extract compounds from 1961
cannabis that involves a chemical extraction process using a 1962
nonhydrocarbon-based or other solvent, such as water, vegetable 1963
glycerin, vegetable oils, animal fats, steam distillation, 1964
food-grade ethanol, or hydrocarbon-based solvent carbon dioxide. 1965
No person may extract compounds from cannabis using ethanol in the 1966
presence or vicinity of an open flame. It shall be a felony 1967
punishable by commitment to the custody of the Mississippi 1968
Department of Corrections for up to three (3) years and a Ten 1969
Thousand Dollar ($10,000.00) fine for any person to purposely, 1970
knowingly, or recklessly violate this subsection. 1971
(10) A medical cannabis establishment is guilty of a civil 1972
offense for any purposeful, knowing or reckless violation of this 1973
chapter or the rules and regulations issued under this chapter 1974
where no penalty has been specified, and shall be fined not more 1975
than Five Thousand Dollars ($5,000.00) for each such violation by 1976
its licensing agency. 1977
(11) The penalties provided for under this section are in 1978
addition to any other criminal, civil or administrative penalties 1979
provided for under law, rule or regulation. 1980
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(12) In addition to peace officers within their 1981
jurisdiction, all law enforcement officers of MDOH and MDOR may 1982
enforce the provisions made unlawful by this chapter. 1983
SECTION 23. Section 41-137-47, Mississippi Code of 1972, is 1984
brought forward as follows: 1985
41-137-47. (1) The licensing agency is authorized to 1986
investigate, either on the basis of complaints filed with it or on 1987
its own initiative through compliance visits, reviews or audits, 1988
instances of suspected violations of any nature, including, but 1989
not limited to: 1990
(a) Performing the duties and requirements set forth 1991
for licensees within the relevant statute and regulations; 1992
(b) The providing of false information on an 1993
application or renewal for a license, incident to a hearing, or 1994
otherwise; 1995
(c) The conviction of a licensee of a felony; 1996
(d) The misappropriation of funds; and 1997
(e) The inversion or diversion of medical cannabis or 1998
medical cannabis products, or of any other matter reflecting 1999
unfavorably upon the holder of a license under the act. 2000
(2) On the basis of information developed during such an 2001
investigation, the licensing agency may exercise any number of 2002
compliance actions including: 2003
(a) To revoke, suspend or refuse to renew any license 2004
issued by the licensing agency; 2005
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(b) Deny an application for a license; or 2006
(c) Reprimand, fine and/or take any other actions in 2007
relation to a license, as the licensing agency may deem proper 2008
under the circumstances. 2009
(3) The licensing agency may deny the application of any 2010
applicant who fails to meet the qualifications for obtaining such 2011
license under this chapter or any rules and regulations under this 2012
chapter. 2013
(4) Whenever the results of such an investigation are filed, 2014
the licensee may request an administrative hearing on the matter. 2015
If a licensee or applicant wishes to appeal the licensing agency's 2016
decision, the licensee or applicant shall file its administrative 2017
appeal within twenty (20) days of receipt of the initial notice. 2018
If such a hearing is requested, the licensing agency shall 2019
set a day for a hearing and shall notify the licensee that on the 2020
day fixed for hearing he or she may appear so that an 2021
administrative hearing may take place. The licensing agency shall 2022
then conduct a hearing on the record pursuant to the licensing 2023
agency's rules and regulations governing such hearings, at which 2024
time the burden shall be on the licensee or applicant to prove 2025
that the agency's decision was: 2026
(a) Unsupported by substantial evidence; 2027
(b) Arbitrary or capricious; 2028
(c) Beyond the power of the administrative agency to 2029
make; or 2030
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(d) Violated some statutory or constitutional right of 2031
the aggrieved party. 2032
If the licensee or applicant fails to appeal the initial 2033
notice within the prescribed time, the decision becomes final and 2034
cannot be further appealed. 2035
(5) In cases where violations of this chapter have been 2036
substantiated, the licensing agency may assess a monetary penalty 2037
or recoupment of costs for those reasonable costs that are 2038
expended by the licensing agency in the investigation and conduct 2039
of a proceeding for the compliance issue that is the subject 2040
matter of the hearing, including, but not limited to, the costs of 2041
process service, court reporters, expert witnesses and 2042
investigations. The licensing agency shall determine the amount 2043
of investigative fees and costs owed by a licensee based on an 2044
itemized accounting after the investigation has been officially 2045
completed and a final determination or action has been determined. 2046
Upon final determination or action, the licensing agency shall 2047
give to the licensee an itemized accounting of the investigative 2048
fees and costs incurred. The licensing agency may recommend 2049
denial of, or refusal to take final action to approve the renewal 2050
of a licensee unless all investigative fees and costs have been 2051
paid in full by the licensee. 2052
(6) The licensing agency shall provide its initial notice of 2053
suspension, revocation, fine or other sanction by personal 2054
delivery or mailing by certified mail, signature required, to the 2055
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medical cannabis establishment at the address on the registration 2056
certificate. A suspension shall not be for a longer period than 2057
six (6) months. The licensing agency shall provide its initial 2058
notice of denial by personal delivery, mailing by certified mail, 2059
signature required, or by electronic mail to the applicant at the 2060
physical or electronic address listed in its application. 2061
(7) A medical cannabis establishment may continue to possess 2062
and cultivate cannabis as otherwise authorized to do so under its 2063
license during a suspension, but it may not dispense, transfer or 2064
sell cannabis. 2065
(8) The MDOH shall immediately revoke the registry 2066
identification card of any cardholder who sells or otherwise 2067
transfers medical cannabis to a person or other entity, and the 2068
cardholder shall be disqualified from further participation in the 2069
medical cannabis program under this chapter. 2070
(9) Except as otherwise provided in subsection (8) of this 2071
section, the MDOH may revoke the registry identification card of 2072
any cardholder who knowingly commits a violation of this chapter. 2073
(10) The hearing decision of the agency on a denial, 2074
revocation, suspension or fine is a final decision of the 2075
applicable agency subject to judicial review in accordance with 2076
Section 41-137-59. 2077
(11) No license issued by the MDOH or MDOR shall be 2078
transferred by the license holder to any other person or entity 2079
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except with the written consent of the applicable licensing 2080
agency. 2081
(12) Any ongoing investigation by a licensing agency under 2082
this section shall be considered confidential and exempt from 2083
disclosure under the Mississippi Public Records Act of 1983, 2084
Sections 25-61-1 through 25-61-17. 2085
SECTION 24. Section 41-137-49, Mississippi Code of 1972, is 2086
brought forward as follows: 2087
41-137-49. (1) Data in license and registration 2088
applications and supporting data submitted by registered 2089
qualifying patients, registered designated caregivers, medical 2090
cannabis establishments and nonresident cardholders, including 2091
data on registered designated caregivers and practitioners, shall 2092
be considered private data on individuals that is confidential and 2093
exempt from disclosure under the Mississippi Public Records Act of 2094
1983, Sections 25-61-1 through 25-61-17. 2095
(2) Data kept or maintained by an agency shall not be used 2096
for any purpose not provided for in this chapter and shall not be 2097
combined or linked in any manner with any other list or database. 2098
(3) Data kept or maintained by an agency may be disclosed as 2099
necessary for: 2100
(a) The verification of registration certificates and 2101
registry identification cards under this chapter; 2102
(b) Submission of the annual report required by this 2103
chapter; 2104
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(c) Notification of state or local law enforcement of 2105
apparent criminal violations of this chapter; 2106
(d) Notification of state and local law enforcement 2107
about falsified or fraudulent information submitted for purposes 2108
of obtaining or renewing a registry identification card; or 2109
(e) Notification of the State Board of Medical 2110
Licensure or other occupational or professional licensing board or 2111
entity if there is reason to believe that a practitioner provided 2112
a written certification in violation of this chapter, or if the 2113
MDOH has reason to believe the practitioner otherwise violated the 2114
standard of care for evaluating medical conditions. 2115
(4) Any information kept or maintained by medical cannabis 2116
establishments must identify cardholders by their registry 2117
identification numbers and must not contain names or other 2118
personally identifying information. 2119
(5) At a cardholder's request, the MDOH may confirm the 2120
cardholder's status as a registered qualifying patient or a 2121
registered designated caregiver to a third party, such as a 2122
landlord, school, medical professional, or court. 2123
(6) Any agency hard drives or other data-recording media 2124
that are no longer in use and that contain cardholder information 2125
shall be destroyed. 2126
(7) The addresses of prospective and licensed medical 2127
cannabis establishments, except for medical cannabis dispensaries, 2128
shall be considered confidential and exempt from disclosure under 2129
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the Mississippi Public Records Act of 1983, Sections 25-61-1 2130
through 25-61-17. 2131
SECTION 25. Section 41-137-51, Mississippi Code of 1972, is 2132
brought forward as follows: 2133
41-137-51. Notwithstanding any federal tax law to the 2134
contrary, in computing net income for medical cannabis 2135
establishments, there shall be allowed as a deduction from income 2136
taxes imposed under Section 27-7-5, Mississippi Code of 1972, all 2137
the ordinary and necessary expenses paid or incurred during the 2138
taxable year in carrying on a trade or business as a medical 2139
cannabis establishment, including reasonable allowance for 2140
salaries or other compensation for personal services actually 2141
rendered. 2142
SECTION 26. Section 41-137-53, Mississippi Code of 1972, is 2143
brought forward as follows: 2144
41-137-53. (1) A bank may provide any services to any 2145
person or entity licensed in this state to engage in the business 2146
of medical cannabis, or with any person or entity engaging in 2147
business dealings with such licensee, if the bank provides those 2148
services to any other business. 2149
(2) A bank and its officers, directors, agents and employees 2150
shall not be held liable pursuant to any state law or regulation 2151
solely for: 2152
(a) Providing financial services to a licensed medical 2153
cannabis establishment; or 2154
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(b) Investing any income derived from providing 2155
financial services to a licensed medical cannabis establishment. 2156
(3) Nothing in this section shall require a bank to provide 2157
financial services to a licensed medical cannabis establishment. 2158
SECTION 27. Section 41-137-55, Mississippi Code of 1972, is 2159
brought forward as follows: 2160
41-137-55. This chapter does not apply to or supersede any 2161
of the provisions of Section 41-29-136. 2162
SECTION 28. Section 41-137-57, Mississippi Code of 1972, is 2163
brought forward as follows: 2164
41-137-57. (1) The cultivation, processing, sale and 2165
distribution of medical cannabis and cannabis products, as 2166
performed in accordance to the provisions of this chapter, shall 2167
be legal in every county and municipality of this state unless a 2168
county or municipality opts out through a vote by the board of 2169
supervisors of the county or governing authorities of the 2170
municipality, as applicable, within ninety (90) days after 2171
February 2, 2022. The governing authorities of the municipality 2172
or the board of supervisors of the county, as applicable, shall 2173
provide a notice in accordance with the Open Meetings Act (Section 2174
25-41-1 et seq.) of its intent of holding a vote regarding opting 2175
out of allowing the cultivation, processing, sale and/or 2176
distribution of medical cannabis and cannabis products, as 2177
applicable. The governing authorities of the municipality or the 2178
board of supervisors of the county, as applicable, may opt out of 2179
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allowing one or more of the following: cultivation, processing, 2180
sale or distribution of medical cannabis and cannabis products. 2181
The governing authorities of a municipality, by a vote entered 2182
upon their minutes, may opt out of allowing the cultivation, 2183
processing, sale and/or distribution of medical cannabis and 2184
cannabis products, as applicable, in the municipality. The board 2185
of supervisors of a county, by a vote entered upon its minutes, 2186
may opt out of allowing the cultivation, processing, sale and/or 2187
distribution of medical cannabis and cannabis products, as 2188
applicable, in the unincorporated areas of the county. 2189
(2) If the board of supervisors of a county or the governing 2190
authorities of a municipality do not opt out of allowing the 2191
cultivation, processing, sale and/or distribution of medical 2192
cannabis and cannabis products, as applicable, within ninety (90) 2193
days after February 2, 2022, then no vote by the board of 2194
supervisors or governing authorities, as applicable, may be held 2195
to so opt out, and the provisions of this chapter shall remain 2196
applicable and operative in the county or municipality, as 2197
applicable. If the board of supervisors of a county or governing 2198
authorities of a municipality have opted out of allowing the 2199
cultivation, processing, sale and/or distribution of medical 2200
cannabis and cannabis products, as applicable, then the board of 2201
supervisors or governing authorities of a municipality may later 2202
opt in regarding the same through a vote by the board of 2203
supervisors or governing authorities, as applicable, entered upon 2204
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its or their minutes, or an election duly held according to 2205
subsection (3) or (4) of this section, as applicable. 2206
(3) (a) Upon presentation and filing of a proper petition 2207
requesting that the cultivation, processing, sale and/or 2208
distribution of medical cannabis and cannabis products, as 2209
applicable, be legal in the unincorporated areas of the county 2210
signed by at least twenty percent (20%) or fifteen hundred (1500), 2211
whichever number is the lesser, of the qualified electors of the 2212
county, it shall be the duty of the board of supervisors to call 2213
an election at which there shall be submitted to the qualified 2214
electors of the county the question of whether or not the 2215
cultivation, processing, sale and/or distribution of medical 2216
cannabis and cannabis products, as applicable, shall be legal in 2217
the unincorporated areas of such county as provided in this 2218
chapter. Such election shall be held and conducted by the county 2219
election commissioners on a date fixed by the order of the board 2220
of supervisors, which date shall not be more than sixty (60) days 2221
from the date of the filing of the petition. Notice thereof shall 2222
be given by publishing such notice once each week for at least 2223
three (3) consecutive weeks in some newspaper published in the 2224
county or if no newspaper be published therein, by such 2225
publication in a newspaper in an adjoining county and having a 2226
general circulation in the county involved. The election shall be 2227
held not earlier than fifteen (15) days from the first publication 2228
of such notice. 2229
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(b) The election shall be held and conducted as far as 2230
may be possible in the same manner as is provided by law for the 2231
holding of general elections. The ballots used at the election 2232
shall contain a brief statement of the proposition submitted and, 2233
on separate lines, the words "I vote FOR allowing the cultivation, 2234
processing, sale and/or distribution of medical cannabis and 2235
cannabis products, as applicable, in the unincorporated areas of 2236
________ [Name of County] ( )" or "I vote AGAINST allowing the 2237
cultivation, processing, sale and/or distribution of medical 2238
cannabis and cannabis products, as applicable, in the 2239
unincorporated areas of ________ [Name of County] ( )" with 2240
appropriate boxes in which the voters may express their choice. 2241
All qualified electors may vote by marking the ballot with a cross 2242
(x) or check (√) mark opposite the words of their choice. 2243
(c) The election commissioners shall canvass and 2244
determine the results of the election and shall certify the same 2245
to the board of supervisors which shall adopt and spread upon its 2246
minutes an order declaring such results. If, in such election, a 2247
majority of the qualified electors participating therein vote in 2248
favor of allowing the cultivation, processing, sale and/or 2249
distribution of medical cannabis and cannabis products, as 2250
applicable, in the unincorporated areas of the county, this 2251
chapter shall be applicable and operative in the unincorporated 2252
areas of such county, and the cultivation, processing, sale and/or 2253
distribution of medical cannabis and cannabis products, as 2254
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applicable, in the unincorporated areas of the county shall be 2255
lawful to the extent and in the manner permitted in this chapter. 2256
If, on the other hand, a majority of the qualified electors 2257
participating in the election vote against allowing the 2258
cultivation, processing, sale and/or distribution of medical 2259
cannabis and cannabis products, as applicable, then it shall be 2260
illegal to cultivate, process, sell and/or distribute medical 2261
cannabis and cannabis products, as applicable, in the 2262
unincorporated areas of the county. In either case, no further 2263
election shall be held in the county under the provisions of this 2264
section for a period of two (2) years from the date of the prior 2265
election and then only upon the filing of a petition requesting 2266
same signed by at least twenty percent (20%) or fifteen hundred 2267
(1500), whichever number is the lesser, of the qualified electors 2268
of the county as provided in this section. 2269
(4) (a) Upon presentation and filing of a proper petition 2270
requesting that the cultivation, processing, sale and/or 2271
distribution of medical cannabis and cannabis products, as 2272
applicable, be legal in the municipality signed by at least twenty 2273
percent (20%) or fifteen hundred (1500), whichever number is the 2274
lesser, of the qualified electors of the municipality, it shall be 2275
the duty of the governing authorities of the municipality to call 2276
an election at which there shall be submitted to the qualified 2277
electors of the municipality the question of whether or not the 2278
cultivation, processing, sale and/or distribution of medical 2279
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cannabis and cannabis products, as applicable, shall be legal in 2280
the municipality as provided in this chapter. Such election shall 2281
be held and conducted on a date fixed by the order of the 2282
governing authorities of the municipality, which date shall not be 2283
more than sixty (60) days from the date of the filing of the 2284
petition. Notice thereof shall be given by publishing such notice 2285
once each week for at least three (3) consecutive weeks in some 2286
newspaper published in the municipality or if no newspaper be 2287
published therein, by such publication in a newspaper having a 2288
general circulation in the municipality involved. The election 2289
shall be held not earlier than fifteen (15) days from the first 2290
publication of such notice. 2291
(b) The election shall be held and conducted as far as 2292
may be possible in the same manner as is provided by law for the 2293
holding of municipal elections. The ballots used at the election 2294
shall contain a brief statement of the proposition submitted and, 2295
on separate lines, the words "I vote FOR allowing the cultivation, 2296
processing, sale and/or distribution of medical cannabis and 2297
cannabis products, as applicable, in ________ [Name of 2298
Municipality] ( )" or "I vote AGAINST allowing the cultivation, 2299
processing, sale and/or distribution of medical cannabis and 2300
cannabis products, as applicable, in ________ [Name of 2301
Municipality] ( )" with appropriate boxes in which the voters may 2302
express their choice. All qualified electors may vote by marking 2303
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the ballot with a cross (x) or check (√) mark opposite the words 2304
of their choice. 2305
(c) The election commissioners shall canvass and 2306
determine the results of the election and shall certify the same 2307
to the governing authorities which shall adopt and spread upon 2308
their minutes an order declaring such results. If, in such 2309
election, a majority of the qualified electors participating 2310
therein vote in favor of allowing the cultivation, processing, 2311
sale and/or distribution of medical cannabis and cannabis 2312
products, as applicable, this chapter shall be applicable and 2313
operative in such municipality and the cultivation, processing, 2314
sale, and/or distribution of medical cannabis and cannabis 2315
products, as applicable, therein shall be lawful to the extent and 2316
in the manner permitted in this chapter. If, on the other hand, a 2317
majority of the qualified electors participating in the election 2318
vote against allowing the cultivation, processing, sale and/or 2319
distribution of medical cannabis and cannabis products, as 2320
applicable, then it shall be illegal to cultivate, process, sell 2321
and/or distribute medical cannabis and cannabis products, as 2322
applicable, in the municipality. In either case, no further 2323
election shall be held in the municipality under the provisions of 2324
this section for a period of two (2) years from the date of the 2325
prior election and then only upon the filing of a petition 2326
requesting same signed by at least twenty percent (20%) or fifteen 2327
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hundred (1500), whichever number is the lesser, of the qualified 2328
electors of the municipality as provided in this section. 2329
(5) Regardless of whether a county or municipality opts out 2330
of allowing the cultivation, processing, sale and/or distribution 2331
of medical cannabis and cannabis products, cardholders, cannabis 2332
testing facilities, cannabis research facilities, cannabis 2333
transportation entities and cannabis disposal entities may possess 2334
medical cannabis in the municipality or county if done in 2335
accordance with this chapter. 2336
(6) (a) If a municipality that has opted out under this 2337
section annexes a geographic area which contains a licensed entity 2338
operating under the provisions of this chapter, then the licensed 2339
entity may continue its operation in that municipality's newly 2340
annexed geographic area. 2341
(b) If a licensed entity operating under the provisions 2342
of this chapter is located in a municipality that contracts its 2343
corporate boundaries thereby causing the geographic area in which 2344
the licensed entity is located to no longer be in the municipality 2345
and instead in an unincorporated area of a county that has opted 2346
out under this section, then the licensed entity may continue its 2347
operation in that area of the county. 2348
(7) In any county or municipality in which real property is 2349
owned, leased or otherwise controlled by a waterway district or 2350
water management district created in Title 51, Mississippi Code of 2351
1972, the decision of the county or municipality to opt out or opt 2352
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in as provided in this section shall be binding on all real 2353
property in such district. The ordinances of a county or 2354
municipality related to the provisions of this chapter shall be 2355
applicable to all real property within the respective boundaries 2356
of the county or municipality in such district. 2357
SECTION 29. Section 41-137-59, Mississippi Code of 1972, is 2358
brought forward as follows: 2359
41-137-59. (1) Any person or entity aggrieved by a final 2360
decision or order of an agency under the provisions of this 2361
chapter may petition for judicial review of the final decision or 2362
order. 2363
(2) (a) The petition shall be filed within twenty (20) days 2364
after the issuance of the agency's final decision or order. The 2365
petition shall be filed in the circuit court of the county in 2366
which the appellant resides. If the appellant is a nonresident of 2367
this state, the appeal shall be made to the Circuit Court of the 2368
First Judicial District of Hinds County, Mississippi. 2369
(b) The review by the circuit court shall be based on 2370
the record made before the agency. Before filing a petition under 2371
subsection (1) of this section, a petitioner shall obtain from the 2372
agency an estimate of the cost to prepare the entire record of the 2373
agency and shall pay to the agency the amount of the estimate. 2374
The circuit court shall dismiss with prejudice any petition filed 2375
where it is shown that the petitioner failed to pay prior to 2376
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filing the petition the estimate cost for preparation of the 2377
record. 2378
(c) Any person or entity aggrieved by the decision of 2379
the circuit court may appeal to the Mississippi Supreme Court. 2380
SECTION 30. Section 41-137-61, Mississippi Code of 1972, is 2381
brought forward as follows: 2382
41-137-61. All fees and fines collected by the MDOR and MDOH 2383
according to the provisions of this chapter shall be deposited 2384
into the State General Fund. 2385
SECTION 31. Section 41-137-63, Mississippi Code of 1972, is 2386
brought forward as follows: 2387
41-137-63. (1) (a) There is established a Medical Cannabis 2388
Advisory Committee, which shall be the committee that is required 2389
to advise the Legislature about medical cannabis and cannabis 2390
product, patient care, services and industry. 2391
(b) The advisory committee shall consist of nine (9) 2392
members, as follows: 2393
(i) The Governor shall appoint three (3) members 2394
to the committee, as follows: 2395
1. One (1) representative from the MDOH; 2396
2. One (1) registered qualifying patient; and 2397
3. One (1) physician with experience in 2398
medical cannabis issues; 2399
(ii) The Lieutenant Governor shall appoint three 2400
(3) members, as follows: 2401
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1. One (1) owner or agent of a medical 2402
cannabis cultivation facility; 2403
2. One (1) representative from the MDOH; and 2404
3. One (1) qualified certified nurse 2405
practitioner, physician assistant or optometrist; 2406
(iii) The Speaker of the House shall appoint three 2407
(3) members, as follows: 2408
1. One (1) owner or agent of a medical 2409
cannabis processing facility; 2410
2. One (1) owner or agent of a medical 2411
cannabis dispensary; and 2412
3. One (1) representative from the MDOR. 2413
(c) The advisory committee shall meet at least two (2) 2414
times per year for the purpose of evaluating and making 2415
recommendations to the Legislature and the MDOH and MDOR 2416
regarding: 2417
(i) The ability of qualifying patients in all 2418
areas of the state to obtain timely access to high-quality medical 2419
cannabis; 2420
(ii) The effectiveness of the medical cannabis 2421
establishments in serving the needs of registered qualifying 2422
patients, including the provision of educational and support 2423
services by dispensaries, the reasonableness of their prices, 2424
security issues, and the sufficiency of the number operating to 2425
serve the state's registered qualifying patients; 2426
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(iii) The effectiveness of the cannabis testing 2427
facilities, including whether a sufficient number are operating; 2428
(iv) The sufficiency of the regulatory and 2429
security safeguards contained in this chapter and adopted by the 2430
MDOH to ensure that access to and use of cannabis cultivated is 2431
provided only to cardholders; 2432
(v) Any recommended additions or revisions to the 2433
MDOH and MDOR rules and regulations or this chapter, including 2434
relating to security, safe handling, labeling, nomenclature, and 2435
whether additional types of licenses should be made available; and 2436
(vi) Any research studies regarding health effects 2437
of medical cannabis for patients. 2438
(d) The advisory committee shall accept public comment 2439
in writing and in person at least once per year. The advisory 2440
committee shall meet at least two (2) times per year and advisory 2441
committee members shall be furnished written notice of the 2442
meetings at least ten (10) days before the date of the meeting. 2443
(e) The chairman of the advisory committee shall be 2444
elected by the voting members of the committee annually and shall 2445
not serve more than two (2) consecutive years as chairman. 2446
(f) The members of the advisory committee specified in 2447
paragraph (b) of this subsection shall serve for terms that are 2448
concurrent with the terms of members of the Legislature, and any 2449
member appointed under paragraph (b) may be reappointed to the 2450
advisory committee. The members of the advisory committee 2451
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ST: MS Medical Cannabis Act; bring forward
provisions relating to.
specified in paragraph (b) shall serve without compensation, but 2452
shall receive reimbursement to defray actual expenses incurred in 2453
the performance of committee business as authorized by law. 2454
(2) This section shall stand repealed on December 31, 2026. 2455
SECTION 32. Section 41-137-65, Mississippi Code of 1972, is 2456
brought forward as follows: 2457
41-137-65. In the negotiation and execution of all 2458
information technology contracts as necessary under the 2459
Mississippi Medical Cannabis Act, the executive director of the 2460
State Department of Health and the executive director of the 2461
Department of Revenue may negotiate a limitation on the liability 2462
of prospective contractors to the state, provided that such 2463
limitation affords the state reasonable protection. 2464
SECTION 33. Section 41-137-67, Mississippi Code of 1972, is 2465
brought forward as follows: 2466
41-137-67. A public utility as defined in Section 2467
77-3-3(d)(iv) shall not deny or refuse services to any business 2468
entity solely on the basis that the entity is a licensee under the 2469
Mississippi Medical Cannabis Act. 2470
SECTION 34. This act shall take effect and be in force from 2471
and after July 1, 2026. 2472