The Legislature has approved modifications to Mississippi’s cannabis law that will restrict public access to businesses’ citation records and address inconsistencies within the agencies managing the new medical marijuana program. The bill, which originated in the House, underwent amendments by a Senate committee and the full Senate before being passed by the House last week. It awaits the signature of Gov. Tate Reeves (R) to implement the new regulations.
The changes range from minor language adjustments to new provisions concerning background checks and public records. The medical marijuana program has been operational for just under three months, with dispensaries selling cannabis cultivated in Mississippi.
Inconsistencies Addressed
The rollout has faced challenges. An investigation by Mississippi Today revealed that the Department of Health has not been consistent, particularly regarding the approval of cultivation plans amidst a backlog of applications. Legislators echoed the concerns raised by businesses during the hearings on the bill.
“Unfortunately, the Department of Health in their rules and regulations probably accepted some things that were not intended by the bill,” stated Sen. Kevin Blackwell, a Republican from Southaven and one of the bill’s authors. “So we are trying to correct those… and we do so in the bill.”
The approved legislation includes a notable provision asserting: “No state agency, political subdivision, or board shall implement rules that contradict the Mississippi Medical Cannabis Act.” Additionally, the bill clarifies that the Department of Health inadvertently approved a large operator’s secondary location under a single license, allowing major cannabis growers to have up to two sites, provided their total canopy size does not exceed 150,000 square feet.
Changes to Public Record Laws
The recent changes to the law now exempt investigation records, including citations issued by Health Department agents, from public disclosure until investigations have concluded and appeals are resolved. Despite an early draft suggesting indefinite exemption, some senators expressed concerns about transparency. Sen. Angela Burks Hill (R) remarked, “If it was put out in transparency, it would dispel any of the back and forth on social media.”
Critics noted that lengthy appeal processes could keep citation records from public access, even if ultimately deemed valid. Blackwell explained that these adjustments were made in response to “falsehoods” circulating on social media as competitors learned of other growers’ infractions.
Furthermore, the addresses of all cannabis-related businesses, excluding dispensaries, will no longer be publicly available. Rep. Lee Yancey (R) emphasized that this is to safeguard businesses from potential crimes due to cash and product vulnerabilities.
Impact on Patients and Businesses
Several additional amendments were made affecting patients and businesses:
- The Department of Health must now approve patient medical cannabis card applications within 10 days, reduced from 30 days, in light of significant backlogs.
- Patients may consult a different doctor for follow-ups without jeopardizing their access to medical marijuana.
- Doctors and nurses can assist patients in completing online applications for medical cannabis cards to benefit elderly patients.
- The law stipulates that the Mississippi Justice Information Center and the Federal Bureau of Investigation will oversee background checks for workers and caregivers.
- Testing facilities may now act as licensed transporters or contract transporters.
- Businesses may display marijuana imagery in their branding, and dispensaries can showcase product images online.
- Hemp products remain unaffected by the cannabis act, allowing dispensaries to sell federally legal hemp items, including low-THC “CBD” products.
- Dispensaries can also sell non-ingestible marijuana topicals to patrons over 21 without medical cards, ensuring these products are kept separate from those intended for cardholders.
- Dispensary licensees now have 18 months, an extension from 12, to complete construction to maintain their accreditation.
- The Health Department can contract private laboratories for compliance testing, provided those labs do not also perform commercial testing for medical cannabis businesses.
This legislation marks a significant development in Mississippi’s evolving cannabis landscape, impacting both business practices and patient access.
