Practice of medicine; provide for use of HIPAA-compliant telecommunications systems and practice of obesity medicine.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) England

SENATE BILL NO. 2554

AN ACT TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE MEANING OF "PRACTICE OF MEDICINE" TO INCLUDE THE 2
PRACTICE OF OBESITY MEDICINE; TO AMEND SECTION 73-25-34, 3
MISSISSIPPI CODE OF 1972, TO REVISE THE MEANING OF "TELEMEDICINE" 4
TO INCLUDE THE PRACTICE OF MEDICINE BY A LICENSED PHYSICIAN AT A 5
DISTANT SITE TO A PATIENT LOCATED AT AN ORIGINATING SITE, USING 6
HIPAA-COMPLIANT TELECOMMUNICATION SYSTEMS, INCLUDING SYNCHRONOUS 7
OR ASYNCHRONOUS ELECTRONIC AND COMMUNICATION TECHNOLOGIES, REMOTE 8
MONITORING TECHNOLOGIES AND STORE-AND-FORWARD TRANSFER TECHNOLOGY; 9
TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, TO PROVIDE 10
THAT A PHYSICIAN PRACTICING OBESITY MEDICINE MAY PRESCRIBE A 11
LEGEND DRUG, INCLUDING GLP-1 THERAPEUTICS, TO A PATIENT VIA 12
TELEMEDICINE SUBJECT TO CERTAIN CONDITIONS; TO REQUIRE THE 13
MISSISSIPPI STATE BOARD OF MEDICAL LICENSURE TO ADOPT, AMEND OR 14
REPEAL RULES AS NECESSARY TO IMPLEMENT THIS ACT WITHIN 180 DAYS 15
AFTER THE EFFECTIVE DATE OF THIS ACT; AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 73-25-33, Mississippi Code of 1972, is 18
amended as follows: 19
73-25-33. (1) The practice of medicine shall mean to 20
suggest, recommend, prescribe, or direct for the use of any 21
person, any drug, medicine, appliance, or other agency, whether 22
material or not material, for the cure, relief, or palliation of 23
any ailment or disease of the mind or body, or for the cure or 24
relief of any wound or fracture or other bodily injury or 25
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deformity, or the practice of obstetrics or midwifery, or the 26
practice of obesity medicine, after having received, or with the 27
intent of receiving therefor, either directly or indirectly, any 28
bonus, gift, profit or compensation; provided, that nothing in 29
this section shall apply to females engaged solely in the practice 30
of midwifery. 31
(2) The practice of medicine shall not mean to provide 32
gender transition procedures for any person under eighteen (18) 33
years of age; or 34
(3) For purposes of this section, the following terms shall 35
have the meaning ascribed herein: 36
(a) "Gender transition procedures" means the same as 37
defined in Section 41-141-3. 38
(b) "Obesity medicine" means the field of medicine 39
dedicated to the comprehensive care of patients with obesity, 40
including the prescription of medication, whether FDA-approved or 41
lawfully compounded pursuant to state and federal pharmacy laws, 42
for the treatment of obesity and related metabolic conditions, and 43
delivered by a physician acting within the scope of applicable 44
state laws and his or her professional license, and who is 45
certified in obesity medicine by the American Board of Obesity 46
Medicine or an equivalent certifying body recognized by the 47
Mississippi State Board of Medical Licensure. 48
SECTION 2. Section 73-25-34, Mississippi Code of 1972, is 49
amended as follows: 50
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73-25-34. (1) For the purposes of this section, 51
telemedicine, or the practice of medicine across state lines, 52
shall be defined to include any one or both of the following: 53
(a) Rendering of a medical opinion concerning diagnosis 54
or treatment of a patient within this state by a physician located 55
outside this state as a result of transmission of individual 56
patient data by electronic or other means from within this state 57
to such physician or his or her agent; or 58
(b) The rendering of treatment to a patient within this 59
state by a physician located outside this state as a result of 60
transmission of individual patient data by electronic or other 61
means from within this state to such physician or his or her 62
agent. 63
(c) The practice of medicine by a licensed physician at 64
a distant site to a patient located at an originating site, using 65
HIPAA-compliant telecommunication systems, including synchronous 66
or asynchronous electronic and communication technologies, remote 67
monitoring technologies and store-and-forward transfer technology. 68
(2) For the purposes of this section, the following terms 69
shall have the meaning ascribed herein: 70
(a) "Synchronous" means the real-time exchange of 71
medical information or provision of care between a patient and a 72
physician via audiovisual technologies, audio-only technologies or 73
other means. 74
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(b) "Asynchronous" means the electronic exchange of 75
health care documents, images and information that does not occur 76
in real time, including, but not limited to, the collection and 77
transmission of medical records, clinical data or laboratory 78
results. 79
(c) "Distant site" means the physical location of the 80
physician at the time in which telemedicine services are provided, 81
either within or outside this state. 82
(d) "Originating site" means the location of the 83
patient in this state at the time the telemedicine service is 84
furnished or when asynchronous transfer occurs. 85
( * * *3) Except as hereinafter provided, no person shall 86
engage in the practice of medicine across state lines 87
(telemedicine) in this state, hold himself or herself out as 88
qualified to do the same, or use any title, word or abbreviation 89
to indicate to or induce others to believe that he or she is duly 90
licensed to practice medicine across state lines in this state 91
unless he or she has first obtained a license to do so from the 92
State Board of Medical Licensure and has met all educational and 93
licensure requirements as determined by the State Board of Medical 94
Licensure. 95
( * * *4) The requirement of licensure as set forth in 96
subsection ( * * *3) above shall not be required where the 97
evaluation, treatment and/or the medical opinion to be rendered by 98
a physician outside this state (a) is requested by a physician 99
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duly licensed to practice medicine in this state, and (b) the 100
physician who has requested such evaluation, treatment and/or 101
medical opinion has already established a doctor/patient 102
relationship with the patient to be evaluated and/or treated. 103
SECTION 3. Section 41-29-139, Mississippi Code of 1972, is 104
amended as follows: 105
41-29-139. (a) Transfer and possession with intent to 106
transfer. Except as authorized by this article, it is unlawful 107
for any person knowingly or intentionally: 108
(1) To sell, barter, transfer, manufacture, distribute, 109
dispense or possess with intent to sell, barter, transfer, 110
manufacture, distribute or dispense, a controlled substance; or 111
(2) To create, sell, barter, transfer, distribute, 112
dispense or possess with intent to create, sell, barter, transfer, 113
distribute or dispense, a counterfeit substance. 114
(b) Punishment for transfer and possession with intent to 115
transfer. Except as otherwise provided in Section 41-29-142, any 116
person who violates subsection (a) of this section shall be, if 117
convicted, sentenced as follows: 118
(1) For controlled substances classified in Schedule I 119
or II, as set out in Sections 41-29-113 and 41-29-115, other than 120
marijuana or synthetic cannabinoids: 121
(A) If less than two (2) grams or ten (10) dosage 122
units, by imprisonment for not more than eight (8) years or a fine 123
of not more than Fifty Thousand Dollars ($50,000.00), or both. 124
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(B) If two (2) or more grams or ten (10) or more 125
dosage units, but less than ten (10) grams or twenty (20) dosage 126
units, by imprisonment for not less than three (3) years nor more 127
than twenty (20) years or a fine of not more than Two Hundred 128
Fifty Thousand Dollars ($250,000.00), or both. 129
(C) If ten (10) or more grams or twenty (20) or 130
more dosage units, but less than thirty (30) grams or forty (40) 131
dosage units, by imprisonment for not less than five (5) years nor 132
more than thirty (30) years or a fine of not more than Five 133
Hundred Thousand Dollars ($500,000.00), or both. 134
(2) (A) For marijuana: 135
1. If thirty (30) grams or less, by 136
imprisonment for not more than three (3) years or a fine of not 137
more than Three Thousand Dollars ($3,000.00), or both; 138
2. If more than thirty (30) grams but less 139
than two hundred fifty (250) grams, by imprisonment for not more 140
than five (5) years or a fine of not more than Five Thousand 141
Dollars ($5,000.00), or both; 142
3. If two hundred fifty (250) or more grams 143
but less than five hundred (500) grams, by imprisonment for not 144
less than three (3) years nor more than ten (10) years or a fine 145
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 146
4. If five hundred (500) or more grams but 147
less than one (1) kilogram, by imprisonment for not less than five 148
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(5) years nor more than twenty (20) years or a fine of not more 149
than Twenty Thousand Dollars ($20,000.00), or both. 150
(B) For synthetic cannabinoids: 151
1. If ten (10) grams or less, by imprisonment 152
for not more than three (3) years or a fine of not more than Three 153
Thousand Dollars ($3,000.00), or both; 154
2. If more than ten (10) grams but less than 155
twenty (20) grams, by imprisonment for not more than five (5) 156
years or a fine of not more than Five Thousand Dollars 157
($5,000.00), or both; 158
3. If twenty (20) or more grams but less than 159
forty (40) grams, by imprisonment for not less than three (3) 160
years nor more than ten (10) years or a fine of not more than 161
Fifteen Thousand Dollars ($15,000.00), or both; 162
4. If forty (40) or more grams but less than 163
two hundred (200) grams, by imprisonment for not less than five 164
(5) years nor more than twenty (20) years or a fine of not more 165
than Twenty Thousand Dollars ($20,000.00), or both. 166
(3) For controlled substances classified in Schedules 167
III and IV, as set out in Sections 41-29-117 and 41-29-119: 168
(A) If less than two (2) grams or ten (10) dosage 169
units, by imprisonment for not more than five (5) years or a fine 170
of not more than Five Thousand Dollars ($5,000.00), or both; 171
(B) If two (2) or more grams or ten (10) or more 172
dosage units, but less than ten (10) grams or twenty (20) dosage 173
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units, by imprisonment for not more than eight (8) years or a fine 174
of not more than Fifty Thousand Dollars ($50,000.00), or both; 175
(C) If ten (10) or more grams or twenty (20) or 176
more dosage units, but less than thirty (30) grams or forty (40) 177
dosage units, by imprisonment for not more than fifteen (15) years 178
or a fine of not more than One Hundred Thousand Dollars 179
($100,000.00), or both; 180
(D) If thirty (30) or more grams or forty (40) or 181
more dosage units, but less than five hundred (500) grams or two 182
thousand five hundred (2,500) dosage units, by imprisonment for 183
not more than twenty (20) years or a fine of not more than Two 184
Hundred Fifty Thousand Dollars ($250,000.00), or both. 185
(4) For controlled substances classified in Schedule V, 186
as set out in Section 41-29-121: 187
(A) If less than two (2) grams or ten (10) dosage 188
units, by imprisonment for not more than one (1) year or a fine of 189
not more than Five Thousand Dollars ($5,000.00), or both; 190
(B) If two (2) or more grams or ten (10) or more 191
dosage units, but less than ten (10) grams or twenty (20) dosage 192
units, by imprisonment for not more than five (5) years or a fine 193
of not more than Ten Thousand Dollars ($10,000.00), or both; 194
(C) If ten (10) or more grams or twenty (20) or 195
more dosage units, but less than thirty (30) grams or forty (40) 196
dosage units, by imprisonment for not more than ten (10) years or 197
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a fine of not more than Twenty Thousand Dollars ($20,000.00), or 198
both; 199
(D) For thirty (30) or more grams or forty (40) or 200
more dosage units, but less than five hundred (500) grams or two 201
thousand five hundred (2,500) dosage units, by imprisonment for 202
not more than fifteen (15) years or a fine of not more than Fifty 203
Thousand Dollars ($50,000.00), or both. 204
(c) Simple possession. Except as otherwise provided under 205
subsection (i) of this section for actions that are lawful under 206
the Mississippi Medical Cannabis Act and in compliance with rules 207
and regulations adopted thereunder, it is unlawful for any person 208
knowingly or intentionally to possess any controlled substance 209
unless the substance was obtained directly from, or pursuant to, a 210
valid prescription or order of a practitioner while acting in the 211
course of his professional practice, or except as otherwise 212
authorized by this article. The penalties for any violation of 213
this subsection (c) with respect to a controlled substance 214
classified in Schedules I, II, III, IV or V, as set out in Section 215
41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including 216
marijuana or synthetic cannabinoids, shall be based on dosage unit 217
as defined herein or the weight of the controlled substance as set 218
forth herein as appropriate: 219
"Dosage unit (d.u.)" means a tablet or capsule, or in the 220
case of a liquid solution, one (1) milliliter. In the case of 221
lysergic acid diethylamide (LSD) the term, "dosage unit" means a 222
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stamp, square, dot, microdot, tablet or capsule of a controlled 223
substance. 224
For any controlled substance that does not fall within the 225
definition of the term "dosage unit," the penalties shall be based 226
upon the weight of the controlled substance. 227
The weight set forth refers to the entire weight of any 228
mixture or substance containing a detectable amount of the 229
controlled substance. 230
If a mixture or substance contains more than one (1) 231
controlled substance, the weight of the mixture or substance is 232
assigned to the controlled substance that results in the greater 233
punishment. 234
A person shall be charged and sentenced as follows for a 235
violation of this subsection with respect to: 236
(1) A controlled substance classified in Schedule I or 237
II, except marijuana and synthetic cannabinoids: 238
(A) If less than one-tenth (0.1) gram or two (2) 239
dosage units, the violation is a misdemeanor and punishable by 240
imprisonment for not more than one (1) year or a fine of not more 241
than One Thousand Dollars ($1,000.00), or both. 242
(B) If one-tenth (0.1) gram or more or two (2) or 243
more dosage units, but less than two (2) grams or ten (10) dosage 244
units, by imprisonment for not more than three (3) years or a fine 245
of not more than Fifty Thousand Dollars ($50,000.00), or both. 246
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(C) If two (2) or more grams or ten (10) or more 247
dosage units, but less than ten (10) grams or twenty (20) dosage 248
units, by imprisonment for not more than eight (8) years or a fine 249
of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 250
or both. 251
(D) If ten (10) or more grams or twenty (20) or 252
more dosage units, but less than thirty (30) grams or forty (40) 253
dosage units, by imprisonment for not less than three (3) years 254
nor more than twenty (20) years or a fine of not more than Five 255
Hundred Thousand Dollars ($500,000.00), or both. 256
(2) (A) Marijuana and synthetic cannabinoids: 257
1. If thirty (30) grams or less of marijuana 258
or ten (10) grams or less of synthetic cannabinoids, by a fine of 259
not less than One Hundred Dollars ($100.00) nor more than Two 260
Hundred Fifty Dollars ($250.00). The provisions of this paragraph 261
(2)(A) may be enforceable by summons if the offender provides 262
proof of identity satisfactory to the arresting officer and gives 263
written promise to appear in court satisfactory to the arresting 264
officer, as directed by the summons. A second conviction under 265
this section within two (2) years is a misdemeanor punishable by a 266
fine of Two Hundred Fifty Dollars ($250.00), not more than sixty 267
(60) days in the county jail, and mandatory participation in a 268
drug education program approved by the Division of Alcohol and 269
Drug Abuse of the State Department of Mental Health, unless the 270
court enters a written finding that a drug education program is 271
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inappropriate. A third or subsequent conviction under this 272
paragraph (2)(A) within two (2) years is a misdemeanor punishable 273
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 274
more than One Thousand Dollars ($1,000.00) and confinement for not 275
more than six (6) months in the county jail. 276
Upon a first or second conviction under this paragraph 277
(2)(A), the courts shall forward a report of the conviction to the 278
Mississippi Bureau of Narcotics which shall make and maintain a 279
private, nonpublic record for a period not to exceed two (2) years 280
from the date of conviction. The private, nonpublic record shall 281
be solely for the use of the courts in determining the penalties 282
which attach upon conviction under this paragraph (2)(A) and shall 283
not constitute a criminal record for the purpose of private or 284
administrative inquiry and the record of each conviction shall be 285
expunged at the end of the period of two (2) years following the 286
date of such conviction; 287
2. Additionally, a person who is the operator 288
of a motor vehicle, who possesses on his person or knowingly keeps 289
or allows to be kept in a motor vehicle within the area of the 290
vehicle normally occupied by the driver or passengers, more than 291
one (1) gram, but not more than thirty (30) grams of marijuana or 292
not more than ten (10) grams of synthetic cannabinoids is guilty 293
of a misdemeanor and, upon conviction, may be fined not more than 294
One Thousand Dollars ($1,000.00) or confined for not more than 295
ninety (90) days in the county jail, or both. For the purposes of 296
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this subsection, such area of the vehicle shall not include the 297
trunk of the motor vehicle or the areas not normally occupied by 298
the driver or passengers if the vehicle is not equipped with a 299
trunk. A utility or glove compartment shall be deemed to be 300
within the area occupied by the driver and passengers. 301
(B) Marijuana: 302
1. If more than thirty (30) grams but less 303
than two hundred fifty (250) grams, by a fine of not more than One 304
Thousand Dollars ($1,000.00), or confinement in the county jail 305
for not more than one (1) year, or both; or by a fine of not more 306
than Three Thousand Dollars ($3,000.00), or imprisonment in the 307
custody of the Department of Corrections for not more than three 308
(3) years, or both; 309
2. If two hundred fifty (250) or more grams 310
but less than five hundred (500) grams, by imprisonment for not 311
less than two (2) years nor more than eight (8) years or by a fine 312
of not more than Fifty Thousand Dollars ($50,000.00), or both; 313
3. If five hundred (500) or more grams but 314
less than one (1) kilogram, by imprisonment for not less than four 315
(4) years nor more than sixteen (16) years or a fine of not more 316
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 317
4. If one (1) kilogram or more but less than 318
five (5) kilograms, by imprisonment for not less than six (6) 319
years nor more than twenty-four (24) years or a fine of not more 320
than Five Hundred Thousand Dollars ($500,000.00), or both; 321
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5. If five (5) kilograms or more, by 322
imprisonment for not less than ten (10) years nor more than thirty 323
(30) years or a fine of not more than One Million Dollars 324
($1,000,000.00), or both. 325
(C) Synthetic cannabinoids: 326
1. If more than ten (10) grams but less than 327
twenty (20) grams, by a fine of not more than One Thousand Dollars 328
($1,000.00), or confinement in the county jail for not more than 329
one (1) year, or both; or by a fine of not more than Three 330
Thousand Dollars ($3,000.00), or imprisonment in the custody of 331
the Department of Corrections for not more than three (3) years, 332
or both; 333
2. If twenty (20) or more grams but less than 334
forty (40) grams, by imprisonment for not less than two (2) years 335
nor more than eight (8) years or by a fine of not more than Fifty 336
Thousand Dollars ($50,000.00), or both; 337
3. If forty (40) or more grams but less than 338
two hundred (200) grams, by imprisonment for not less than four 339
(4) years nor more than sixteen (16) years or a fine of not more 340
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 341
4. If two hundred (200) or more grams, by 342
imprisonment for not less than six (6) years nor more than 343
twenty-four (24) years or a fine of not more than Five Hundred 344
Thousand Dollars ($500,000.00), or both. 345
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(3) A controlled substance classified in Schedule III, 346
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 347
conviction, may be punished as follows: 348
(A) If less than fifty (50) grams or less than one 349
hundred (100) dosage units, the offense is a misdemeanor and 350
punishable by not more than one (1) year or a fine of not more 351
than One Thousand Dollars ($1,000.00), or both. 352
(B) If fifty (50) or more grams or one hundred 353
(100) or more dosage units, but less than one hundred fifty (150) 354
grams or five hundred (500) dosage units, by imprisonment for not 355
less than one (1) year nor more than four (4) years or a fine of 356
not more than Ten Thousand Dollars ($10,000.00), or both. 357
(C) If one hundred fifty (150) or more grams or 358
five hundred (500) or more dosage units, but less than three 359
hundred (300) grams or one thousand (1,000) dosage units, by 360
imprisonment for not less than two (2) years nor more than eight 361
(8) years or a fine of not more than Fifty Thousand Dollars 362
($50,000.00), or both. 363
(D) If three hundred (300) or more grams or one 364
thousand (1,000) or more dosage units, but less than five hundred 365
(500) grams or two thousand five hundred (2,500) dosage units, by 366
imprisonment for not less than four (4) years nor more than 367
sixteen (16) years or a fine of not more than Two Hundred Fifty 368
Thousand Dollars ($250,000.00), or both. 369
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(d) Paraphernalia. (1) Except as otherwise provided under 370
subsection (i) of this section for actions that are lawful under 371
the Mississippi Medical Cannabis Act and in compliance with rules 372
and regulations adopted thereunder, it is unlawful for a person 373
who is not authorized by the State Board of Medical Licensure, 374
State Board of Pharmacy, or other lawful authority to use, or to 375
possess with intent to use, paraphernalia to plant, propagate, 376
cultivate, grow, harvest, manufacture, compound, convert, produce, 377
process, prepare, test, analyze, pack, repack, store, contain, 378
conceal, inject, ingest, inhale or otherwise introduce into the 379
human body a controlled substance in violation of the Uniform 380
Controlled Substances Law. Any person who violates this 381
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 382
may be confined in the county jail for not more than six (6) 383
months, or fined not more than Five Hundred Dollars ($500.00), or 384
both; however, no person shall be charged with a violation of this 385
subsection when such person is also charged with the possession of 386
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 387
of this section. 388
(2) It is unlawful for any person to deliver, sell, 389
possess with intent to deliver or sell, or manufacture with intent 390
to deliver or sell, paraphernalia, knowing, or under circumstances 391
where one reasonably should know, that it will be used to plant, 392
propagate, cultivate, grow, harvest, manufacture, compound, 393
convert, produce, process, prepare, test, analyze, pack, repack, 394
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store, contain, conceal, inject, ingest, inhale, or otherwise 395
introduce into the human body a controlled substance in violation 396
of the Uniform Controlled Substances Law. Except as provided in 397
subsection (d)(3), a person who violates this subsection (d)(2) is 398
guilty of a misdemeanor and, upon conviction, may be confined in 399
the county jail for not more than six (6) months, or fined not 400
more than Five Hundred Dollars ($500.00), or both. 401
(3) Any person eighteen (18) years of age or over who 402
violates subsection (d)(2) of this section by delivering or 403
selling paraphernalia to a person under eighteen (18) years of age 404
who is at least three (3) years his junior is guilty of a 405
misdemeanor and, upon conviction, may be confined in the county 406
jail for not more than one (1) year, or fined not more than One 407
Thousand Dollars ($1,000.00), or both. 408
(4) It is unlawful for any person to place in any 409
newspaper, magazine, handbill, or other publication any 410
advertisement, knowing, or under circumstances where one 411
reasonably should know, that the purpose of the advertisement, in 412
whole or in part, is to promote the sale of objects designed or 413
intended for use as paraphernalia. Any person who violates this 414
subsection is guilty of a misdemeanor and, upon conviction, may be 415
confined in the county jail for not more than six (6) months, or 416
fined not more than Five Hundred Dollars ($500.00), or both. 417
(e) (1) It shall be unlawful for any physician practicing 418
medicine in this state to prescribe, dispense or administer any 419
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amphetamine or amphetamine-like anorectics and/or central nervous 420
system stimulants classified in Schedule II, pursuant to Section 421
41-29-115, for the exclusive treatment of obesity, weight control 422
or weight loss. Any person who violates this subsection (e), upon 423
conviction, is guilty of a misdemeanor and may be confined for a 424
period not to exceed six (6) months, or fined not more than One 425
Thousand Dollars ($1,000.00), or both. 426
(2) Neither this subsection (e) nor any other 427
provision, law or regulation, shall be construed to prohibit a 428
physician practicing obesity medicine from prescribing a legend 429
drug, including GLP-1 therapeutics, to a patient via telemedicine, 430
subject to the following conditions: 431
(A) The physician obtains sufficient medical 432
history, laboratory or diagnostic data, contraindication screening 433
and documentation in the medical record to support safe 434
prescribing; 435
(B) Periodic reassessment shall occur at intervals 436
consistent with the standard of care, and the treating physician 437
may conduct such reassessment by telemedicine or in-person as 438
clinically indicated; and 439
(C) The physician documents in the record the 440
medical necessity and monitoring plan for continued therapy. 441
(f) Trafficking. (1) Any person trafficking in controlled 442
substances shall be guilty of a felony and, upon conviction, shall 443
be imprisoned for a term of not less than ten (10) years nor more 444
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than forty (40) years and shall be fined not less than Five 445
Thousand Dollars ($5,000.00) nor more than One Million Dollars 446
($1,000,000.00). The ten-year mandatory sentence shall not be 447
reduced or suspended. The person shall not be eligible for 448
probation or parole, the provisions of Sections 41-29-149, 449
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 450
(2) "Trafficking in controlled substances" as used 451
herein means: 452
(A) A violation of subsection (a) of this section 453
involving thirty (30) or more grams or forty (40) or more dosage 454
units of a Schedule I or II controlled substance except marijuana 455
and synthetic cannabinoids; 456
(B) A violation of subsection (a) of this section 457
involving five hundred (500) or more grams or two thousand five 458
hundred (2,500) or more dosage units of a Schedule III, IV or V 459
controlled substance; 460
(C) A violation of subsection (c) of this section 461
involving thirty (30) or more grams or forty (40) or more dosage 462
units of a Schedule I or II controlled substance except marijuana 463
and synthetic cannabinoids; 464
(D) A violation of subsection (c) of this section 465
involving five hundred (500) or more grams or two thousand five 466
hundred (2,500) or more dosage units of a Schedule III, IV or V 467
controlled substance; or 468
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(E) A violation of subsection (a) of this section 469
involving one (1) kilogram or more of marijuana or two hundred 470
(200) grams or more of synthetic cannabinoids. 471
(g) Aggravated trafficking. Any person trafficking in 472
Schedule I or II controlled substances, except marijuana and 473
synthetic cannabinoids, of two hundred (200) grams or more shall 474
be guilty of aggravated trafficking and, upon conviction, shall be 475
sentenced to a term of not less than twenty-five (25) years nor 476
more than life in prison and shall be fined not less than Five 477
Thousand Dollars ($5,000.00) nor more than One Million Dollars 478
($1,000,000.00). The twenty-five-year sentence shall be a 479
mandatory sentence and shall not be reduced or suspended. The 480
person shall not be eligible for probation or parole, the 481
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 482
the contrary notwithstanding. 483
(h) Sentence mitigation. (1) Notwithstanding any provision 484
of this section, a person who has been convicted of an offense 485
under this section that requires the judge to impose a prison 486
sentence which cannot be suspended or reduced and is ineligible 487
for probation or parole may, at the discretion of the court, 488
receive a sentence of imprisonment that is no less than 489
twenty-five percent (25%) of the sentence prescribed by the 490
applicable statute. In considering whether to apply the departure 491
from the sentence prescribed, the court shall conclude that: 492
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(A) The offender was not a leader of the criminal 493
enterprise; 494
(B) The offender did not use violence or a weapon 495
during the crime; 496
(C) The offense did not result in a death or 497
serious bodily injury of a person not a party to the criminal 498
enterprise; and 499
(D) The interests of justice are not served by the 500
imposition of the prescribed mandatory sentence. 501
The court may also consider whether information and 502
assistance were furnished to a law enforcement agency, or its 503
designee, which, in the opinion of the trial judge, objectively 504
should or would have aided in the arrest or prosecution of others 505
who violate this subsection. The accused shall have adequate 506
opportunity to develop and make a record of all information and 507
assistance so furnished. 508
(2) If the court reduces the prescribed sentence 509
pursuant to this subsection, it must specify on the record the 510
circumstances warranting the departure. 511
(i) This section does not apply to any of the actions that 512
are lawful under the Mississippi Medical Cannabis Act and in 513
compliance with rules and regulations adopted thereunder. 514
SECTION 4. The Mississippi State Board of Medical Licensure 515
shall, within one hundred eighty (180) days after the effective 516
date of this Act, adopt, amend or repeal rules as necessary to 517
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ST: Practice of medicine; provide for use of
HIPAA-compliant telecommunications systems and
practice of obesity medicine.
implement this act and to ensure that the rules of the board are 518
consistent with, and no more restrictive than, the provisions of 519
this act. 520
SECTION 5. This act shall take effect and be in force from 521
and after its passage. 522