With the recent approval of medical marijuana in Mississippi, many are seeking clarity on eligibility, access, and operational timelines following the enactment of Senate Bill 2095, also known as the Mississippi Medical Cannabis Act, on February 2. This legislation initiates the licensing process for practitioners, dispensaries, and patients, although medical marijuana will not be available for several months.
Eligibility for Medical Marijuana
Patients with debilitating medical conditions can be prescribed medical marijuana as part of their treatment regimen. The list of qualifying conditions includes, among others:
- Cancer
- Parkinson’s disease
- Multiple sclerosis
- Post-traumatic stress disorder (PTSD)
- Alzheimer’s disease
- Severe chronic pain
- HIV/AIDS
- Crohn’s disease
Additionally, the Mississippi Department of Health may add other serious medical conditions as needed.
Timeline for Availability
The health department will start the licensing and registration process for various medical cannabis establishments after 120 days from the enactment of the Act. Dispensary licenses will be issued following 150 days.
Obtaining Medical Marijuana
To acquire medical marijuana, patients must obtain a written certification from a licensed practitioner, valid for one year unless otherwise stated. Patients aged 18-23 typically need certifications from two different practitioners. Following certification, a registry identification card must be obtained from the Mississippi Department of Health, which oversees the program.
Certifying Practitioners
Medical practitioners such as physicians and nurse practitioners can issue certifications if they deem that their patients will likely benefit from medical cannabis treatment. They are required to conduct an in-person assessment and follow-up evaluations within six months, as well as complete specific continuing education courses.
Possession and Purchase Limits
Patients can purchase a maximum of six Medical Cannabis Equivalency Units (MCEUs) within a week, equating to 21 grams, and no more than 24 MCEUs in a month. Possession at any time cannot exceed 28 MCEUs. THC content in flower products must not exceed 30% and in other forms must not exceed 60%.
Medical Cannabis Establishments
A variety of cannabis businesses, including dispensaries, cultivation facilities, and testing facilities, will be licensed. Dispensaries must comply with zoning regulations and are prohibited from operating within 1,000 feet of schools or childcare facilities unless a waiver is granted.
Operational Limitations
Patients must not operate vehicles or engage in dangerous tasks while under the influence of cannabis. Furthermore, patients under 21 are required to be accompanied by a guardian when visiting a dispensary.
Local Control and Regulations
Municipal authorities may choose to opt out of allowing any cannabis-related activities within their jurisdictions. Cannabis businesses must adhere to local zoning requirements and may need to obtain additional permits.
Future Regulations
The Mississippi Department of Health will develop various regulations for the cannabis program, including health and safety standards, employee training, and packaging guidelines. Cannabis may not be transported out of state or grown by patients and caregivers.
Legal Protections and Taxation
Patients can designate caregivers to assist them, but caregivers must generally be 21 years of age and meet specific criteria. Registered patients are afforded some legal protections, including non-discrimination in child custody matters.
Application fees for business licenses range from $1,500 to $60,000 depending on the type of operation. Cannabis sales will be subject to a 5% wholesale tax in addition to standard sales taxes.
