The legalization of medical marijuana in Mississippi this year marks a significant and well-considered development in the state’s healthcare landscape. With marijuana growers and retailers now mobilizing to plant, process, and sell products, and healthcare providers alongside patients preparing to explore new treatment avenues, strict adherence to regulations set forth by the new law is imperative.
Regulations for Patients
Access to medical marijuana is reserved for those who genuinely need it. Governor Tate Reeves emphasized the potential benefits of medically prescribed cannabis, acknowledging that it could significantly improve the lives of certain individuals in Mississippi. However, he also expressed concerns about the possible shift toward recreational use, which could lead to societal challenges.
The legislature has outlined 23 specific medical conditions that qualify for treatment, such as cancer, epilepsy, and PTSD. Treatment for chronic pain is also included. Notably, any additions to this list require approval from the Department of Health, rather than from individual doctors.
To purchase medical cannabis, patients must obtain a medical cannabis card from the Mississippi Department of Health, which is valid for one year. The application process requires an assessment by a registered medical professional and a follow-up within six months.
Patient Rights and Limits
While the law provides some protections, it does not preclude employers from terminating or refusing to hire individuals using medical cannabis. Similarly, landlords are not obligated to allow its use in rental properties. However, the law assures that cannabis use will not result in loss of custodial rights, and medical marijuana users are not automatically barred from firearm possession, despite federal regulations.
Once certified, patients can purchase a maximum of 3.5 grams of cannabis flower or one gram of concentrate daily, capped at three ounces (85 grams) monthly. Dispensaries will offer a variety of products catered to specific patient needs, while smoking or vaping in public spaces and at-home cannabis cultivation remains prohibited.
Practitioner Guidelines
Medical professionals eligible to certify patients for cannabis cards include physicians, physician assistants, nurse practitioners, and optometrists, all of whom must be registered with the Mississippi Department of Health and complete ongoing education on cannabis.
Only licensed physicians can certify minors for medical cannabis, and additional oversight is required for individuals aged 18-25. In-person assessments and follow-ups are mandatory to issue certifications, while practitioners must avoid conflicts of interest and cannot refer patients to specific dispensaries.
Growers and Cultivators
All cannabis sold in Mississippi must be grown within the state, ensuring that local economic benefits are realized. A “seed to sale” tracking system maintains oversight on product quality, and all cannabis goods must undergo rigorous testing for safety prior to sale.
Establishments are subject to zoning restrictions, prohibiting operations within 1,000 feet of schools, churches, or childcare centers, and maintaining distance between cannabis facilities to ensure community safety.
Dispensaries and Distribution
Purchasing cannabis at dispensaries requires cash, as federal regulations complicate banking operations for cannabis enterprises. Medical cannabis establishments must adhere to strict zoning laws similar to those governing growers.
Individuals wishing to work in dispensaries must pass background checks and cannot have record of disqualifying felonies. Moreover, measures are in place to track all visitors at cannabis establishments.
The regulation also establishes limits on possession and purchase quantities. A “Medical Cannabis Equivalency Unit” defines specific limits, capping purchases to ensure responsible access to medical marijuana.
While parents may buy cannabis for qualifying minors, medical marijuana purchases are strictly personal, with severe penalties for misuse of privileges.
