Mississippi voters have chosen to establish a medical marijuana program through Initiative 65. With the voters’ approval, a structured framework is now in place outlining the conditions under which marijuana can be prescribed, possession limits, tax rates, and the Mississippi Department of Public Health’s role in overseeing the program. We spoke with Jamie Grantham, communications director for Mississippians for Compassionate Care, and Connor Reeves, an attorney with McLaughlin, PC in Jackson, MS, who participated in the Initiative 65 campaign. Here’s what you need to know about Initiative 65 and the upcoming medical marijuana program in Mississippi.
Decriminalization of Marijuana for Patients
Initiative 65 decriminalizes marijuana possession and use for certified medical marijuana patients. However, individuals without a medical marijuana card can still face arrest, fines, or jail time for possession in Mississippi.
Becoming a Medical Marijuana Patient
To qualify as a medical marijuana patient, you must undergo an in-person examination by a licensed doctor. If you are diagnosed with one of the 22 eligible conditions, your doctor will certify you and provide a physician’s certificate. This certificate must then be submitted to the Mississippi State Department of Health to obtain a medical marijuana ID card.
Residency Requirements for Medical Marijuana
In short, no. While Initiative 65 does not specifically require residency for obtaining a medical card, federal laws prohibit the transportation of marijuana across state lines, which can lead to legal complications for non-residents.
Eligible Conditions for Medical Marijuana Treatment
There are currently 22 medical conditions that qualify for treatment with medical marijuana in Mississippi, including:
- Cancer
- Epilepsy
- Parkinson’s disease
- Multiple sclerosis
- Chronic pain
- PTSD
- And several others, including certain forms of debilitating or severe illness.
Health Insurance Coverage
Initiative 65 does not mandate health insurance providers to cover medical marijuana, as it remains classified as a Schedule I controlled substance.
Obtaining a Medical ID Card
Yes, you will need a medical ID card to purchase medical marijuana. After receiving your certification from a doctor, you should apply for your ID card at the Mississippi State Department of Health.
Timeline for ID Cards and Business Licenses
The Mississippi Department of Health is expected to begin issuing ID cards and business licenses by August 15, 2021, with a reasonable fee of up to $50 associated with card issuance.
Purchasing Medical Marijuana
Patients should be able to acquire medical marijuana from licensed treatment centers by late 2021 to early 2022. The ID card will be required for purchase, and unlike retail pharmacies, federal law prohibits dispensing medical marijuana there.
Possession Limits
Initiative 65 allows patients to possess a maximum of 2.5 ounces of medical marijuana at a time, with dispensations limited to the same amount every two weeks.
Consumption and Usage Regulations
Patients may use various types of marijuana products, including smoking. However, it is illegal to drive or operate any machinery while under the influence of medical marijuana.
Transporting Marijuana Across State Lines
Carrying cannabis across state lines can lead to legal issues, as Initiative 65 does not provide any reciprocity for patients from other states. Only those with a Mississippi-issued medical marijuana card can purchase products within the state.
Employment and Drug Testing
Employers’ drug testing policies still apply; medical marijuana patients can be tested and may face consequences if they test positive.
Public Consumption Regulations
Consumption of medical marijuana in public places is prohibited, and violators may incur fines of up to $100.
Application Process for Businesses
Businesses interested in cultivating or processing marijuana may apply for their licenses as of August 15, 2021. The Mississippi State Department of Health will set the regulatory guidelines for these processes.
Further details regarding the medical marijuana program in Mississippi will emerge following the establishment of specific regulations by the Mississippi State Department of Health, which are due to be published by July 2021.
