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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Blackwell
SENATE BILL NO. 2546
AN ACT TO AMEND SECTION 41-137-5, MISSISSIPPI CODE OF 1972, 1
TO EXTEND FROM 12 TO 24 MONTHS THE PERIOD OF TIME FOR WHICH A 2
WRITTEN CERTIFICATION OF A PERSON'S DIAGNOSIS FROM A PRACTITIONER 3
OF A DEBILITATING MEDICAL CONDITION OR ASSOCIATED SYMPTOMS SHALL 4
REMAIN CURRENT; TO REQUIRE THAT A WRITTEN CERTIFICATION BE ISSUED 5
ONLY AFTER A LAWFUL ASSESSMENT OF A PATIENT BY A PRACTITIONER 6
RATHER THAN AFTER AN IN-PERSON ASSESSMENT OF A PATIENT BY A 7
PRACTITIONER, AND TO REQUIRE THAT THE PRACTITIONER BE PHYSICALLY 8
PRESENT IN THE BOUNDARIES OF MISSISSIPPI; TO PROVIDE THAT AFTER A 9
QUALIFYING PATIENT RECEIVES A WRITTEN CERTIFICATION FROM A 10
PRACTITIONER, THE PRACTITIONER MAY, AT HIS OR HER DISCRETION, 11
REQUEST OR REQUIRE A FOLLOW-UP EVALUATION; TO AMEND SECTION 12
41-137-25, MISSISSIPPI CODE OF 1972, TO EXTEND FROM ONE YEAR AFTER 13
THE DATE OF ISSUANCE TO TWO YEARS AFTER THE DATE OF ISSUANCE THE 14
EXPIRATION DATE FOR REGISTRY IDENTIFICATION CARDS FOR RESIDENTS; 15
TO EXTEND FROM 15 DAYS AFTER THE DATE OF ISSUANCE TO 90 DAYS AFTER 16
THE DATE OF ISSUANCE THE EXPIRATION DATE FOR REGISTRY 17
IDENTIFICATION CARDS FOR NONRESIDENTS; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. Section 41-137-5, Mississippi Code of 1972, is 20
amended as follows: 21
41-137-5. (1) No person shall be authorized to use medical 22
cannabis in this state unless the person (a) has been diagnosed by 23
a practitioner, with whom the person has a bona fide 24
practitioner-patient relationship within his or her scope of 25
practice, as having a debilitating medical condition for which the 26
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practitioner believes, in his or her professional opinion, that 27
the person would likely receive medical or palliative benefit from 28
the medical use of medical cannabis to treat or alleviate the 29
person's debilitating medical condition or symptoms associated 30
with the person's debilitating medical condition, (b) has received 31
a written certification of that diagnosis from the practitioner, 32
and (c) has been issued a registry identification card from the 33
MDOH under Section 41-137-23. A person who has been diagnosed by 34
a practitioner as specified in paragraph (a) of this subsection 35
shall be a qualifying patient, and the practitioner who has 36
diagnosed the patient shall document that diagnosis with a written 37
certification. However, nothing herein shall require a 38
practitioner to issue a written certification. 39
(2) A written certification shall: 40
(a) Affirm that it is made in the course of a bona fide 41
practitioner-patient relationship; 42
(b) Remain current for * * * twenty-four (24) months, 43
unless the practitioner specifies a shorter period of time; 44
(c) Be issued after * * * a lawful assessment of the 45
patient by a practitioner physically present in the boundaries of 46
Mississippi, or after a telemedicine evaluation for patients who 47
are homebound or bedbound as certified by a practitioner with whom 48
the patient has a bona fide practitioner-patient relationship 49
within his or her scope of practice other than the practitioner 50
making the written certification. For purposes of this paragraph 51
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(c), an individual is homebound or bedbound if such individual is 52
physically unable to leave his or her residence without another 53
person's aid because the individual has lost the capacity of 54
independent transportation due to a medical, physical, or mental 55
health condition or infirmity as documented in writing by a 56
practitioner who has a bona fide practitioner-patient relationship 57
with the patient; 58
(d) Only be issued on behalf of a minor when the 59
minor's parent or guardian is present and provides signed consent; 60
and 61
(e) Be limited to the allowable amount of cannabis in a 62
thirty-day period.. 63
(3) No state agency, department, political subdivision or 64
board shall require a practitioner to require a patient to submit 65
to a drug test as a condition to receiving a certification for a 66
registry identification card. However, a practitioner may require 67
a drug test from a patient that is within his or her scope of 68
practice. 69
(4) After a practitioner has issued a written certification 70
to a qualifying patient, a practitioner may assist the patient in 71
registering for a registry identification card with the Department 72
of Health, in a manner provided by regulations of the Department 73
of Health. 74
(5) After a qualifying patient receives a written 75
certification from a practitioner, * * * the practitioner may, at 76
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his or her discretion, request or require a follow-up * * * 77
evaluation to determine the effectiveness of the patient's medical 78
use of medical cannabis to treat or alleviate the patient's 79
debilitating medical condition or symptoms associated with the 80
patient's debilitating medical condition. Qualifying patients may 81
make a follow-up * * * evaluation with a different practitioner 82
than the practitioner who originally issued their written 83
certification, provided that such practitioner is otherwise 84
registered and acting within * * * his or her scope of practice 85
and the provisions of this chapter. 86
(6) Before dispensing medical cannabis to a cardholder, the 87
dispensary from which the cardholder is obtaining medical cannabis 88
shall verify the identity of the cardholder and the authority of 89
the cardholder to use medical cannabis as provided in Section 90
41-137-39 and shall determine the maximum amount of medical 91
cannabis that a cardholder is eligible to receive and the amount 92
of medical cannabis that the cardholder has received from all 93
dispensaries during a specified period of time using the statewide 94
seed-to-sale tracking system under Section 41-137-11. 95
(7) (a) A practitioner shall be registered to issue written 96
certifications to qualifying patients by completing the required 97
application process as set forth by the MDOH. The MDOH shall 98
require a practitioner to complete a minimum of eight (8) hours of 99
continuing education in medical cannabis in order to issue written 100
certifications. After the first year of registration, these 101
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practitioners shall complete five (5) hours of continuing 102
education in medical cannabis annually to maintain this 103
registration. 104
(b) A practitioner shall not be required to have any 105
additional qualifications to be authorized to certify a qualifying 106
patient for a registry identification card, other than such 107
requirements for practitioners as provided under the Mississippi 108
Medical Cannabis Act. 109
(c) A practitioner shall not be required to be 110
registered to certify patients with any state agency or board 111
other than the MDOH. 112
(8) Only physicians and doctors of osteopathic medicine may 113
issue written certifications to registered qualifying patients who 114
are minors. 115
(9) The requirements of this section shall not apply to a 116
person who is authorized to purchase topical cannabis provided 117
under Section 41-137-39(22), and such persons may possess and use 118
such products without being in violation of this chapter. 119
SECTION 2. Section 41-137-25, Mississippi Code of 1972, is 120
amended as follows: 121
41-137-25. (1) Registry identification cards must contain 122
all of the following: 123
(a) The name of the cardholder; 124
(b) A designation of whether the cardholder is a 125
qualifying patient, a designated caregiver or a nonresident; 126
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(c) The date of issuance and expiration date of the 127
registry identification card; 128
(d) A random ten-digit alphanumeric identification 129
number, containing at least four (4) numbers and at least four (4) 130
letters, that is unique to the cardholder; 131
(e) If the cardholder is a designated caregiver, the 132
random identification number of the qualifying patient the 133
designated caregiver will assist; 134
(f) A photograph of the cardholder; 135
(g) The toll-free phone number or internet address 136
where the card can be verified; 137
(h) A notice of the potential harm caused by medical 138
cannabis; and 139
(i) A notice of the MMCEU daily, monthly and possession 140
limit. 141
(2) The expiration date shall be visible on the registry 142
identification card. Except as provided in subsection (3) or 143
subsection (4) of this section, the expiration date for registry 144
identification cards for residents shall be * * * two (2) years 145
after the date of issuance. The expiration date for registry 146
identification cards for nonresidents shall be * * * ninety (90) 147
days after the date of issuance, except as provided in subsection 148
(4) of this section. 149
(3) If the practitioner stated in the written certification 150
that the qualifying patient would benefit from the medical use of 151
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ST: MS Medical Cannabis Act; eliminate required
follow-up visit and extend written certification
and registry ID card validity periods.
medical cannabis until a specified earlier date, then the registry 152
identification card shall expire on that date, except as provided 153
in subsection (4) of this section. 154
(4) (a) The expiration date for registry identification 155
cards for residents that are issued not later than one hundred 156
fifty (150) days after February 2, 2022, shall be one (1) year 157
after the initial one-hundred-fifty-day period. 158
(b) If the practitioner specified an earlier date for 159
the expiration of the registry identification card as provided 160
under subsection (3) of this section, then the registry 161
identification card shall be valid for the period specified by the 162
practitioner, which shall begin after the initial 163
one-hundred-fifty-day period. 164
(c) The expiration date for registry identification 165
cards for nonresidents that are issued not later than one hundred 166
fifty (150) days after February 2, 2020, shall be fifteen (15) 167
days after the initial one-hundred-fifty-day period. 168
SECTION 3. This act shall take effect and be in force from 169
and after July 1, 2026. 170