Bill Text: MS HB1213 | 2020 | Regular Session | Introduced

Mississippi House Bill 1213 (Prior Session Legislation)

Introduced

Bill Title: Mississippi Medical Marijuana Act of 2020; create.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2020-03-03 - Died In Committee [HB1213 Detail]

Download: Mississippi-2020-HB1213-Introduced.html

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Drug Policy; Public Health and Human Services

By: Representatives Scott, Denton

House Bill 1213

AN ACT TO BE KNOWN AS THE MISSISSIPPI MEDICAL MARIJUANA ACT OF 2020; TO MAKE THE MEDICAL USE OF MARIJUANA LEGAL UNDER MISSISSIPPI STATE LAW; TO ESTABLISH A SYSTEM FOR THE CULTIVATION, ACQUISITION AND DISTRIBUTION OF MARIJUANA FOR QUALIFYING PATIENTS THROUGH LICENSED MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES AND GRANTING THOSE DISPENSARIES AND FACILITIES LIMITED IMMUNITY; TO PROVIDE THAT QUALIFYING PATIENTS, AS WELL AS DISPENSARY AND CULTIVATION FACILITY AGENTS, SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL PENALTIES OR OTHER FORMS OF DISCRIMINATION FOR ENGAGING IN OR ASSISTING WITH THE PATIENTS' MEDICAL USE OF MARIJUANA; TO REQUIRE THAT IN ORDER TO BECOME A QUALIFYING PATIENT, A PERSON MUST SUBMIT TO THE STATE A WRITTEN CERTIFICATION FROM A PHYSICIAN LICENSED IN THE STATE OF MISSISSIPPI THAT HE OR SHE IS SUFFERING FROM A QUALIFYING MEDICAL CONDITION; TO ESTABLISH AN INITIAL LIST OF QUALIFYING MEDICAL CONDITIONS; TO DIRECT THE STATE DEPARTMENT OF HEALTH TO ESTABLISH RULES RELATED TO THE PROCESSING OF APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS AND THE ADDITION OF QUALIFYING MEDICAL CONDITIONS IF THOSE ADDITIONS WILL ENABLE PATIENTS TO DERIVE THERAPEUTIC BENEFIT FROM THE MEDICAL USE OF MARIJUANA; TO DIRECT THE ALCOHOLIC BEVERAGE CONTROL DIVISION TO ESTABLISH RULES RELATED TO THE OPERATIONS OF DISPENSARIES AND CULTIVATION FACILITIES; TO ESTABLISH A MEDICAL MARIJUANA COMMISSION TO ADMINISTER AND REGULATE THE LICENSING OF DISPENSARIES AND CULTIVATION FACILITIES; TO PROVIDE THAT THERE SHALL BE AT LEAST TWENTY BUT NOT MORE THAN FORTY DISPENSARY LICENSES ISSUED AND THAT THERE SHALL BE AT LEAST FOUR BUT NOT MORE THAN EIGHT CULTIVATION FACILITY LICENSES ISSUED; TO SET THE INITIAL MAXIMUM APPLICATION FEES FOR DISPENSARIES AND CULTIVATION FACILITIES; TO ESTABLISH QUALIFICATIONS FOR REGISTRY IDENTIFICATION CARDS; TO ESTABLISH STANDARDS TO ENSURE THAT QUALIFYING PATIENT REGISTRATION INFORMATION IS TREATED AS CONFIDENTIAL; TO DIRECT THE DEPARTMENT OF HEALTH TO PROVIDE THE LEGISLATURE ANNUAL QUANTITATIVE REPORTS ABOUT THE MEDICAL MARIJUANA PROGRAM; TO SET CERTAIN LIMITATIONS ON THE USE OF MEDICAL MARIJUANA BY QUALIFYING PATIENTS; TO ESTABLISH AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF MARIJUANA; TO ESTABLISH REGISTRATION AND OPERATION REQUIREMENTS FOR DISPENSARIES AND CULTIVATION FACILITIES; TO SET LIMITS ON THE AMOUNT OF MARIJUANA A DISPENSARY MAY CULTIVATE AND THE AMOUNT OF MARIJUANA A DISPENSARY MAY DISPENSE TO A QUALIFYING PATIENT; TO PROVIDE THAT THE MEDICAL MARIJUANA COMMISSION SHALL DETERMINE THE AMOUNT OF MARIJUANA A CULTIVATION FACILITY MAY CULTIVATE; TO PROHIBIT CERTAIN CONDUCT BY AND IMPOSE CERTAIN CONDITIONS AND REQUIREMENTS ON PHYSICIANS, DISPENSARIES, DISPENSARY AND CULTIVATION FACILITY AGENTS AND ON QUALIFYING PATIENTS; TO ESTABLISH A LIST OF FELONY OFFENSES THAT PRECLUDE CERTAIN TYPES OF PARTICIPATION IN THE MEDICAL MARIJUANA PROGRAM; TO PROVIDE THAT THE SALE OF USABLE MARIJUANA IS SUBJECT TO ALL STATE AND LOCAL SALES TAXES; TO AMEND SECTION 27-65-75, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE SALES TAX REVENUE FROM THE SALE OF USABLE MARIJUANA SHALL BE DISTRIBUTED FIVE PERCENT TO THE DEPARTMENT OF HEALTH, FOUR PERCENT TO THE ALCOHOLIC BEVERAGE CONTROL DIVISION, AND ONE PERCENT TO THE MEDICAL MARIJUANA COMMISSION; TO AMEND SECTIONS 41-29-125, 41-29-127, 41-29-136, 41-29-137, 41-29-139, 41-29-141 AND 41-29-143, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Short title. This act shall be known and cited as the "Mississippi Medical Marijuana Act of 2020."

SECTION 2. Definitions. As used in this act, the following terms shall be defined as provided in this section, unless the context requires otherwise:

(a) "Acquire" or "acquisition" means coming to possess marijuana by means of any legal source herein authorized, not from an unauthorized source, and in accordance with this act and any rules promulgated under this act;

(b) "Assist" or "assisting" means helping a qualifying patient make medical use of marijuana by enabling the medical use by any means authorized under this act;

(d) "Cultivation facility" means an entity that:

(i) Has been licensed by the Medical Marijuana Commission under Section 8 of this act; and

(ii) Cultivates, prepares, manufactures, processes, packages, sells to and delivers usable marijuana to a dispensary;

(e) "Cultivation facility agent" means an employee, supervisor, or agent of a cultivation facility who:

(i) Is twenty-one (21) years of age or older;

(ii) Works at the cultivation facility; and

(iii) Has registered with the Alcoholic Beverage Control Division under Section 9 of this act;

(f) (i) "Designated caregiver" means a person who is at least twenty-one (21) years of age, has not been convicted of an excluded felony offense, has agreed to assist a physically disabled qualifying patient with the medical use of marijuana, and who has registered with the State Department of Health under Section 5 of this act;

(ii) "Designated caregiver" includes without limitation a parent:

1. Of a qualifying patient who is under the age of eighteen (18); and

2. Required to register as a designated caregiver under this act;

(g) "Dispensary" means an entity that has been licensed by the Medical Marijuana Commission under Section 8 of this act; (h) "Dispensary agent" means:

(i) An employee, supervisor, volunteer or agent of a dispensary who:

1. Is twenty-one (21) years of age or older; 2. Works at the dispensary; and

3. Has registered with the Alcoholic Beverage Control Division under Section 9 of this act; and

(ii) An owner, officer or board member of a dispensary who has registered with the Alcoholic Beverage Control Division under Section 8 of this act;

(i) "Enclosed, locked facility" means a room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by an authorized individual;

(j) "Excluded felony offense" means:

(i) A crime of violence as defined in Section 97-3-2. However, an offense that has been sealed by a court or for which a pardon has been granted is not considered an excluded felony offense; or

(ii) A violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including:

1. An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten (10) or more years earlier; or

2. An offense that has been sealed by a court or for which a pardon has been granted;

(k) "Medical use" means the acquisition, possession, use, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a qualifying patient's qualifying medical condition or symptoms associated with the qualifying patient's qualifying medical condition;

(l) "Physician" means a doctor of medicine or doctor of osteopathic medicine who holds a valid, unrestricted, and existing license to practice in the State of Mississippi and has been issued a registration from the United States Drug Enforcement Administration to prescribe controlled substances;

(m) "Qualifying medical condition" means one (1) or more of the following:

(i) Cancer, glaucoma, positive status for human immunodeficiency virus/acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Tourette's syndrome, Crohn's disease, ulcerative colitis, post-traumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer's disease or the treatment of these conditions;

(ii) A chronic or debilitating disease or medical condition or its treatment that produces one (1) or more of the following: cachexia or wasting syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment or surgical measures for more than six (6) months; severe nausea; seizures, including without limitation those characteristic of epilepsy; or severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis;

(iii) A condition diagnosed by a physician that is the side effect of the treatment of any of the diseases or conditions specified in subparagraphs (i) or (ii) of this paragraph; and

(iv) Any other medical condition or its treatment approved by the State Department of Health under Section 4 of this act;

(n) "Qualifying patient" means a person who has been diagnosed by a physician as having a qualifying medical condition and who has registered with the State Department of Health under Section 5 of this act;

(o) "Registry identification card" means a document issued by the State Department of Health or the Alcoholic Beverage Control Division that identifies a person as a qualifying patient, a dispensary agent, a cultivation facility agent or a designated caregiver;

(p) "Sealed" means to expunge, remove, sequester and treat as confidential the record or records of a felony offense; (q) (i) "Usable marijuana" means the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes and other portions of the marijuana plant and any mixture or preparation thereof.

(ii) "Usable marijuana" does not include the weight of any ingredients other than marijuana that are combined with marijuana and prepared for consumption as food or drink;

(r) "Visiting qualifying patient" means a patient with a qualifying medical condition who is not a resident of Mississippi or who has been a resident of Mississippi for less than thirty (30) days and who is in actual possession of a registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth or insular possession of the United States and pertains to a qualifying medical condition under this section;

(s) (i) "Written certification" means a document signed by a physician stating that in the physician's professional opinion, after having completed a full assessment of the qualifying patient's medical history and current medical condition made in the course of a physician-patient relationship, the qualifying patient has a qualifying medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.

(ii) A written certification shall specify the qualifying patient's qualifying medical condition, which also shall be noted in the qualifying patient's medical records;

(t) "Commission" means the Medical Marijuana Commission;

(u) "Division" means the Alcoholic Beverage Control Division of the Department of Revenue;

(v) "Department" means the State Department of Health.

SECTION 3. Protections for the medical use of marijuana.

(1) A qualifying patient or designated caregiver in actual possession of a registry identification card shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board, for the medical use of marijuana in accordance with this act if the qualifying patient or designated caregiver possesses not more than two and one-half (2-1/2) ounces of usable marijuana.

(2) (a) A qualifying patient or designated caregiver is presumed to be lawfully engaged in the medical use of marijuana in accordance with this act if the qualifying patient or designated caregiver is in actual possession of a registry identification card and possesses an amount of usable marijuana that does not exceed the amount allowed under this act.

(b) The presumption made in paragraph (a) of this subsection (2) may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying patient's qualifying medical condition or symptoms associated with the qualifying medical condition in accordance with this act.

(3) A qualifying patient or designated caregiver shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board, for giving, or offering to give, up to two and one-half (2-1/2) ounces of usable marijuana to a qualifying patient or designated caregiver for the qualifying patient's medical use when nothing of value is transferred in return.

(4) A designated caregiver is not prohibited from receiving compensation or reimbursement of expenses from a qualifying patient for assisting a qualifying patient with the medical use of marijuana.

(5) A dispensary may:

(a) Accept marijuana seedlings, plants or usable marijuana from:

(i) Cultivation facilities;

(ii) Other dispensaries in Mississippi; and

(iii) If permissible under federal law, out-of-state dispensaries;

(b) Transfer or sell marijuana seedlings, plants or usable marijuana to:

(i) Cultivation facilities;

(ii) Other dispensaries in Mississippi; and

(iii) If permissible under federal law, out-of-state dispensaries; and

(c) Accept marijuana seeds from any individual lawfully entitled to possess marijuana seeds, seedlings or plants under the laws of the state in which the individual resides.

(6) (a) A school or landlord shall not refuse to enroll, refuse to lease to or otherwise penalize an individual solely for his or her status as a qualifying patient or designated caregiver unless doing so would put the school or landlord in violation of federal law or regulations.

(b) For the purposes of medical care, including without limitation organ transplants, a qualifying patient's authorized use of marijuana in accordance with this act is considered the equivalent of the authorized use of any other medication used at the direction of a physician and does not constitute the use of an illicit substance.

(c) An employer shall not discriminate against an individual in hiring, termination, or any term or condition of employment or otherwise penalize an individual, based upon the individual's past or present status as a qualifying patient or designated caregiver.

(7) A person otherwise entitled to custody of, or visitation or parenting time with, a minor shall not be denied custody, visitation or parenting time solely for conduct allowed under this act, nor shall there be:

(a) A finding of abuse solely for conduct allowed under this act; or

(b) A presumption of neglect or child endangerment for conduct allowed under this act.

(8) (a) A physician shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by the State Board of Medical Licensure, solely for providing a written certification.

(b) Paragraph (a) of this subsection does not prevent the State Board of Medical Licensure from sanctioning a physician for failing to properly evaluate a patient's medical condition or for otherwise violating the applicable physician-patient standard of care.

(9) A person shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board, for providing a qualifying patient or designated caregiver with marijuana paraphernalia for purposes of facilitating the qualifying patient's medical use of marijuana.

(10) Any marijuana, marijuana paraphernalia, licit property or interest in licit property, that is possessed, owned or used exclusively in connection with the medical use of marijuana as allowed under this act, or property incidental to such use, shall not be seized or forfeited.

(11) A person shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board, simply for being in the presence or vicinity of the medical use of marijuana as allowed under this act or for directly assisting a physically disabled qualifying patient with the medical use of marijuana.

(12) (a) A registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth or insular possession of the United States that allows a visiting qualifying patient to possess or use marijuana for medical use in the jurisdiction of issuance has the same force and effect when held by a visiting qualifying patient as a registry identification card issued by the department if the same qualifying medical condition exists.

(b) (i) A visiting qualifying patient may obtain marijuana from a dispensary upon producing evidence of his or her registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth or insular possession of the United States.

(ii) The department shall promulgate necessary rules concerning a visiting qualifying patient obtaining marijuana from a dispensary.

SECTION 4. Qualifying patient - administration and enforcement - rules.

(1) (a) The State Department of Health shall administer and enforce the provisions of this act concerning qualifying patients, qualifying medical conditions and designated caregivers, including without limitation the issuance of a registry identification card to a qualifying patient and designated caregiver.

(b) The department shall adopt rules necessary to:

(i) Carry out the purposes of this act; and

(ii) Perform its duties under this act.

(2) Not later than one hundred twenty (120) days after the effective date of this act the department shall adopt rules governing:

(a) The manner in which it considers applications for and renewals of registry identification cards;

(b) Labeling and testing standards for marijuana distributed to qualifying patients; and

(c) Any other matters necessary for the department's fair, impartial, stringent and comprehensive administration of this act.

(3) (a) Not later than one hundred eighty (180) days after the effective date of this act, the department shall adopt rules governing the manner in which the department considers petitions from the public to add medical conditions or treatments to the list of qualifying medical conditions set forth in Section 2 of this act.

(b) After considering a petition, the department shall add medical conditions or treatments to the list of qualifying medical conditions set forth in Section 2 of this act if patients suffering from the medical conditions or undergoing the treatments in question would derive therapeutic benefit from the use of marijuana, taking into account the positive and negative health effects of such use.

(c) (i) The department shall, after hearing, approve or deny a petition within one hundred twenty (120) days of submission of the petition.

(ii) The approval or denial of a petition constitutes final agency action, subject to judicial review, and jurisdiction for judicial review is vested in the Circuit Court of the First Judicial District of Hinds County.

(4) The department shall adopt rules within one hundred twenty (120) days of the effective date of this act governing the manner in which a designated caregiver assists a physically disabled qualifying patient or a qualifying patient under the age of eighteen (18) with the medical use of marijuana.

SECTION 5. Registry identification cards.

(1) The State Department of Health shall issue registry identification cards to qualifying patients and designated caregivers who submit in accordance with the rules promulgated by the department:

(a) Written certification issued by a physician within thirty (30) days of the application;

(b) (i) A reasonable application or renewal fee as established by the department by rule;

(ii) The department may establish a sliding scale of application and renewal fees based upon a qualifying patient's family income;

(c) The name, address and date of birth of the qualifying patient or designated caregiver, except that if the applicant is homeless, no address is required;

(d) For a designated caregiver application:

(i) The name of the physically disabled qualifying patient or qualifying patient under the age of eighteen (18) whom the applicant will be assisting; and

(ii) Documentation from the qualifying patient's physician indicating that the qualifying patient is physically disabled or under the age of eighteen (18);

(e) The name, address and telephone number of the qualifying patient's physician; and

(f) A signed statement from the qualifying patient or designated caregiver pledging not to divert marijuana to anyone who is not allowed to possess marijuana under this act.

(2) The department shall not issue a registry identification card to a qualifying patient who is under eighteen (18) years of age unless:

(a) The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian or person having legal custody of the qualifying patient; and

(b) A parent, guardian or person having legal custody: (i) Consents in writing to:

1. Allow the qualifying patient's medical use of marijuana;

2. Assist the qualifying patient in the medical use of marijuana; and

3. Control the acquisition of the marijuana, the dosage and the frequency of the medical use of marijuana by the qualifying patient; and

(ii) Registers as a designated caregiver under this act.

(3) (a) The department shall review the information contained in an application or renewal submitted under this section within fourteen (14) days of receiving it.

(b) The department shall deny an application or renewal if:

(i) The applicant previously had a registry identification card revoked; or

(ii) The department determines the written certification was not made in the context of a physician-patient relationship or that the written certification was fraudulently obtained.

(c) Rejection of an application or renewal is considered a final agency action, subject to judicial review, and jurisdiction is vested in the Circuit Court of the First Judicial District of Hinds County.

(4) (a) A registry identification card expires one (1) year after the date of issuance unless the physician states in the written certification that he or she believes the qualifying patient would benefit from the medical use of marijuana only until a specified earlier date.

(b) If the written certification specifies an earlier date, the registry identification card shall expire on that date. (5) (a) An application or renewal and supporting information submitted by a qualifying patient or designated caregiver under this act, including without limitation information regarding the qualifying patient's physician, are considered confidential medical records.

(b) (i) 1. The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards.

2. The department may share information from the confidential list under this subsection with the Alcoholic Beverage Control Division and the Medical Marijuana Commission as necessary. Confidential information shared with the division or commission shall remain confidential while in the division's or commission's possession.

(ii) Individual names and other identifying information on the confidential list are confidential, exempt from the Mississippi Public Records Act, and not subject to disclosure except to authorized employees of the department, division and commission as necessary to perform official duties of the department, division and commission.

(c) The department shall verify to law enforcement personnel whether a registry identification card is valid without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.

(d) A person, including without limitation an employee or official of the department, division, commission or another state agency or local government, who knowingly breaches the confidentiality of information obtained under this act is guilty of a misdemeanor.

(6) (a) Except as provided in Section 3 of this act, a cardholder who transfers marijuana to a person who is not a qualifying patient or designated caregiver under this act shall have his or her registry identification card revoked and shall be subject to any other penalties established by law.

(b) The department may revoke the registry identification card of any cardholder who knowingly violates any provision of this act, and the cardholder is subject to any other penalties established by law.

(i) A qualifying patient or designated caregiver from giving up to two and one-half (2-1/2) ounces of usable marijuana to another qualifying patient or designated caregiver as set forth in Section 3 of this act; or

(ii) The transfer of marijuana seedlings, plants or usable marijuana as set forth in Section 3 of this act.

(7) The department, division and commission shall submit to the Legislature an annual report that does not disclose any identifying information about cardholders or physicians but contains at a minimum:

(a) The number of applications and renewals filed for registry identification cards;

(b) The nature of the qualifying medical conditions of the qualifying patients;

(c) The number of registry identification cards revoked and the number of licenses to operate a dispensary and licenses to operate a cultivation facility revoked;

(d) The number of physicians providing written certifications for qualifying patients;

(e) The number of licensed dispensaries;

(f) The number of licensed cultivation facilities;

(g) The number of dispensary agents; and

(h) The number of cultivation facility agents.

SECTION 6. Scope. (1) This act does not permit a person to:

(a) Undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice;

(b) Possess, smoke or otherwise engage in the use of marijuana:

(i) On a school bus, college or university;

(ii) On the grounds of a daycare center, preschool, primary or secondary school;

(iii) At a drug or alcohol treatment facility;

(iv) At a community or recreation center;

(v) In a correctional facility;

(vi) On any form of public transportation; or

(vii) In a public place; or

(c) Operate, navigate or be in actual physical control of a motor vehicle, aircraft, motorized watercraft or any other vehicle drawn by power other than muscle power while under the influence of marijuana.

(2) This act does not require:

(a) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana unless federal law requires reimbursement;

(b) An employer to accommodate the ingestion of marijuana in a workplace or an employee working while under the influence of marijuana;

(c) An individual or establishment in lawful possession of property to allow a guest, client, customer or other visitor to use marijuana on or in that property;

(d) An individual or establishment in lawful possession of property to admit a guest, client, customer or other visitor who is inebriated as a result of his or her medical use of marijuana; or

(e) A landlord to permit a qualifying patient to smoke marijuana on or in leased property, except that a landlord may not prohibit the medical use of marijuana through means other than smoking on leased property by a qualifying patient.

SECTION 7. Affirmative defense and dismissal for medical use of marijuana. (1) Except as provided in Section 6 of this act and this section, an individual may assert a medical purpose for using marijuana as an affirmative defense to prosecution for an offense involving marijuana intended for the individual's medical use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence demonstrates that the individual is:

(a) A qualifying patient or a designated caregiver; and (b) In compliance with the conditions set forth in Section 3 of this act.

(2) The defense and motion to dismiss shall not prevail if either of the following are proven:

(a) The individual's registry identification card had been revoked at the time of the alleged offense; or

(b) The purposes for the possession of marijuana were not solely for medical use.

(3) An individual is not required to be in actual physical possession of a registry identification card to raise the affirmative defense set forth in this section.

(4) If an individual demonstrates a medical use of marijuana under this section, except as provided in Section 6 of this act, the individual shall not be subject to the following:

(a) Disciplinary action by a business, occupational or professional licensing board; or

(b) Forfeiture of any interest in or right to nonmarijuana, lawful property.

SECTION 8. Licensing of dispensaries and cultivation facilities. (1) (a) Dispensaries and cultivation facilities shall be licensed by the Medical Marijuana Commission.

(b) The commission shall administer and regulate the licensing of dispensaries and cultivation facilities, including the issuance of a:

(i) License to operate a dispensary; and

(ii) License to operate a cultivation facility.

(c) The Alcoholic Beverage Control Division shall administer and enforce the provisions of this act concerning dispensaries and cultivation facilities.

(2) (a) The commission and division each shall adopt rules necessary to:

(i) Carry out the purposes of this act; and

(ii) Perform its duties under this act.

(b) Rules adopted under this section are rules as defined in the Mississippi Administrative Procedure Law.

(3) The following individuals associated with a dispensary or cultivation facility must be current residents of Mississippi who have resided in the state for the previous seven (7) consecutive years or who were born in Mississippi:

(a) The individual(s) submitting an application to license a dispensary or cultivation facility; and

(b) Sixty percent (60%) of the individuals owning an interest in a dispensary or cultivation facility.

(4) Not later than one hundred twenty (120) days after the effective date of this act, the commission shall adopt rules governing:

(a) The manner in which the commission considers applications for and renewals of licenses for dispensaries and cultivation facilities;

(b) The form and content of registration and renewal applications for dispensaries and cultivation facilities; and

(c) Any other matters necessary for the commission's fair, impartial, stringent and comprehensive administration of its duties under this act.

(5) Not later than one hundred twenty (120) days after the effective date of this act, the division shall adopt rules governing:

(a) Oversight requirements for dispensaries and cultivation facilities;

(b) Recordkeeping requirements for dispensaries and cultivation facilities;

(d) Personnel requirements for dispensaries and cultivation facilities;

(e) The manufacture, processing, packaging and dispensing of usable marijuana to qualifying patients and designated caregivers;

(f) Procedures for suspending or terminating the licenses of dispensaries and cultivation facilities that violate the provisions of this act or the rules adopted under this act, procedures for appealing penalties, and a schedule of penalties; (g) Procedures for inspections and investigations of dispensaries and cultivation facilities;

(h) Advertising restrictions for dispensaries and cultivation facilities;

(i) Procedures for the disposal or other use of marijuana not dispensed to a qualifying patient; and

(j) Any other matters necessary for the division's fair, impartial, stringent and comprehensive administration of its duties under this act.

(6) (a) Not later than one hundred twenty (120) days after the effective date of this act, the commission shall adopt rules establishing license application and license renewal fees for dispensary and cultivation facility licenses.

(b) (i) The initial dispensary application fee shall be a maximum of Seven Thousand Five Hundred Dollars ($7,500.00).

(ii) The initial cultivation facility application fee shall be a maximum of Fifteen Thousand Dollars ($15,000.00). (7) (a) Not later than June 1, 2021, the commission shall begin accepting applications for licenses to operate a dispensary and cultivation facility.

(b) The application shall include without limitation the following:

(i) The application fee;

(ii) The legal name of the dispensary or cultivation facility;

(iii) The physical address of the:

1. Dispensary, which location may not be within one thousand five hundred (1,500) feet of a public or private school, church or daycare center existing before the date of the dispensary application; or

2. Cultivation facility, which location may not be within three thousand (3,000) feet of a public or private school, church or daycare center existing before the date of the cultivation facility application;

(iv) The name, address and date of birth of each dispensary agent or cultivation facility agent; and

(v) If the municipality or county in which the dispensary or cultivation facility would be located has enacted zoning restrictions, a sworn statement certifying that the dispensary or cultivation facility will operate in compliance with the restrictions.

(i) Have been convicted of an excluded felony offense;

(ii) Have previously been an owner of a dispensary or cultivation facility that has had its license revoked; and

(iii) Are under twenty-one (21) years of age.

(8) The commission shall issue at least twenty (20) but no more than forty (40) dispensary licenses.

(9) There shall be no more than four (4) dispensaries in any one (1) county.

(10) The commission shall issue at least four (4) but no more than eight (8) cultivation facility licenses.

(11) The commission may conduct a criminal records check in order to carry out this section.

(12) (a) No individual shall own an interest in more than:

(i) One (1) cultivation facility; and

(ii) One (1) dispensary.

(13) (a) A dispensary licensed under this section may acquire, possess, manufacture, process, prepare, deliver, transfer, transport, supply and dispense marijuana, marijuana paraphernalia, and related supplies and educational materials to a qualifying patient or designated caregiver.

(b) A dispensary may receive compensation for providing the goods and services allowed by this section.

1. Fifty (50) mature marijuana plants at any one (1) time plus seedlings; and

2. All usable marijuana derived from the plants under item 1 of this paragraph (c)(i) or predecessor plants.

(ii) A dispensary may contract with a cultivation facility to cultivate one or more mature marijuana plants the dispensary is permitted to grow.

(d) (i) 1. A cultivation facility may cultivate and possess usable marijuana in an amount reasonably necessary to meet the demand for and needs of qualifying patients as determined by the commission with the assistance of the department.

2. However, a cultivation facility shall not sell marijuana in any form except to a dispensary or other cultivation facility.

(ii) A cultivation facility may also possess marijuana seeds.

(iii) The commission with the assistance of the State Department of Health shall promulgate rules determining the amount of marijuana reasonably necessary under this paragraph (d)(i).

(e) A cultivation facility may receive compensation for providing the goods and services allowed by this section.

(14) (a) A dispensary license and cultivation facility license shall expire one (1) year after the date of issuance.

(b) The commission shall issue a renewal dispensary license or a renewal cultivation facility license within ten (10) days to any entity who complies with the requirements contained in this act, including without limitation the payment of a renewal fee.

(15) The commission may charge a reasonable fee as established by rule for the issuance of a renewal license.

SECTION 9. Registration and certification of cultivation facility agents and dispensary agents. (1) (a) Cultivation facility agents and dispensary agents shall register with the Alcoholic Beverage Control Division.

(b) The division shall administer and enforce the provisions of this act concerning cultivation facility agents and dispensary agents, including without limitation the issuance of a: (i) Registry identification card to a dispensary agent; and

(ii) Registry identification card to a cultivation facility agent.

(2) (a) The division shall adopt rules necessary to:

(i) Carry out the purposes of this act; and

(ii) Perform its duties under this act.

(b) Rules adopted under this section are rules as defined in the Mississippi Administrative Procedures Law.

(3) Not later than one hundred twenty (120) days after the effective date of this act, the division shall adopt rules governing:

(a) The manner in which the division considers applications for and renewals of registry identification cards for dispensary agents and cultivation facility agents;

(b) The form and content of registration and renewal applications for dispensary agents and cultivation facility agents;

(c) Procedures for suspending or terminating the registration of dispensary agents and cultivation facility agents who violate the provisions of this act or the rules adopted under this act, procedures for appealing penalties, and a schedule of penalties; and

(d) Any other matters necessary for the division's fair, impartial, stringent and comprehensive administration of its duties under this act.

(4) The division may conduct criminal records checks in order to carry out this section.

(5) Except as provided herein, the division shall issue each dispensary agent and cultivation facility agent a registry identification card within ten (10) days of receipt of:

(a) The person's name, address and date of birth under this act; and

(b) A reasonable fee in an amount established by rule of the division.

(6) (a) The division shall not issue a registry identification card to a dispensary agent or cultivation facility agent who has been convicted of an excluded felony offense.

(b) The division may conduct a criminal background check of each dispensary agent or cultivation facility agent in order to carry out this subsection.

(c) The division shall notify the dispensary or cultivation facility in writing of the reason for denying the registry identification card.

(7) (a) A registry identification card for a dispensary agent or cultivation facility agent shall expire one (1) year after the date of issuance.

(b) A registry identification card of a dispensary agent or cultivation facility agent expires upon notification to the division by a dispensary or cultivation facility that the person ceases to work at the dispensary or cultivation facility.

(8) The division may charge a reasonable fee as established by rule for the issuance of a new, renewal or replacement registry identification card.

(9) (a) The division may revoke the registry identification card of a dispensary agent or cultivation facility agent who knowingly violates any provision of this act, and the cardholder is subject to any other penalties established by law for the violation.

(b) The division may revoke or suspend the dispensary license or cultivation facility license of a dispensary or cultivation facility that the division determines knowingly aided or facilitated a violation of any provision of this act, and the license holder is subject to any other penalties established in law for the violation.

SECTION 10. Dispensary and cultivation facility inspections and requirements. (1) Dispensaries and cultivation facilities are highly regulated by the state, and a dispensary and cultivation facility is therefore subject to reasonable inspection by the Alcoholic Beverage Control Division.

(2) (a) This subsection governs the operations of dispensaries and cultivation facilities.

(b) A dispensary and a cultivation facility shall be an entity incorporated in the State of Mississippi.

(c) A dispensary and cultivation facility shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana.

(d) A dispensary and cultivation facility shall have procedures in place to ensure accurate recordkeeping.

(e) Each dispensary shall keep the following records, dating back at least three (3) years:

(i) Records of the disposal of marijuana that is not distributed by the dispensary to qualifying patients; and

(ii) A record of each transaction, including the amount of marijuana dispensed, the amount of compensation, and the registry identification number of the qualifying patient or designated caregiver.

(f) Each dispensary and cultivation facility shall:

(i) Conduct an initial comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants and seedlings at each authorized location on the date the dispensary first dispenses usable marijuana or the cultivation facility first cultivates, prepares, manufactures, processes, or packages usable marijuana; and

(ii) Conduct a biannual comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants and seedlings at each authorized location.

(g) All cultivation of marijuana shall take place in an enclosed, locked facility.

(h) (i) A qualifying patient or designated caregiver acting on behalf of a qualifying patient shall not be dispensed more than a total of two and one-half (2-1/2) ounces of usable marijuana during a fourteen-day period.

(ii) A dispensary or a dispensary agent may not dispense more than a total of two and one-half (2-1/2) ounces of usable marijuana to either a qualifying patient or designated caregiver acting on behalf of a qualifying patient during a fourteen-day period.

(iii) Each time a dispensary agent dispenses usable marijuana to a qualifying patient or designated caregiver, he or she shall verify that the dispensing of usable marijuana would not cause the qualifying patient or designated caregiver to receive more usable marijuana than is permitted in a fourteen-day period.

(iv) Each time usable marijuana is dispensed, the dispensary agent shall:

1. Record the date the usable marijuana was dispensed and the amount dispensed; and

2. Notify the department in the manner required by the department.

(v) The department shall maintain a database that enables a dispensary to verify that dispensing usable marijuana to a qualifying patient or designated caregiver will not cause the qualifying patient or designated caregiver to exceed the amount allowed by law.

(vi) All records shall be kept according to the registry identification number of the qualifying patient or designated caregiver.

(vii) It is the specific intent of this act that no qualifying patient or designated caregiver acting on behalf of a qualifying patient be dispensed more than a total of two and one-half (2-1/2) ounces of usable marijuana during a fourteen-day period whether the usable marijuana is dispensed from one (1) or any combination of dispensaries.

(i) The dispensary records with patient information shall be treated as confidential medical records.

SECTION 11. Immunity for dispensaries and cultivation facilities. (1) A dispensary or cultivation facility is not subject to the following:

(a) Prosecution for the acquisition, possession, cultivation, processing, preparation, manufacture, delivery, transfer, transport, sale, supply, or dispensing of marijuana and related supplies in accordance with the provisions of this act and any rule adopted under this act;

(b) Inspection, except under Section 10 of this act or upon a search warrant issued by a court or judicial officer;

(d) Imposition of a penalty or denial of a right or privilege, including without limitation imposition of a civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for acting in accordance with this act.

(2) (a) A dispensary agent or cultivation facility agent is not subject to arrest, prosecution, search, seizure, or penalty in any manner or denied any right or privilege, including without limitation civil penalty or disciplinary action by a business, occupational, or professional licensing board or entity, solely for working for or with a dispensary or cultivation facility to engage in acts permitted by this act.

(b) (i) A dispensary agent or cultivation facility agent may possess and manufacture marijuana at the dispensary or cultivation facility location or locations for which the dispensary agent or cultivation facility agent is registered or when transferring marijuana under this section.

(ii) 1. A dispensary agent who is a volunteer may possess and manufacture marijuana at a dispensary location.

2. A dispensary agent who is a volunteer may not dispense or transport marijuana.

(c) A cultivation facility shall label the marijuana that is moved between the cultivation facility and a dispensary or other cultivation facility with a trip ticket that identifies the cultivation facility by identification number, the time, date, origin and destination of the marijuana being transported, and the amount and form of marijuana that is being transported.

SECTION 12. Prohibitions for dispensaries. (1) Except as provided in Section 3 of this act, a dispensary may not dispense, deliver, or otherwise transfer marijuana to a person other than a qualifying patient or designated caregiver.

(2) (a) Except as provided in Section 3 of this act, the Alcoholic Beverage Control Division shall immediately revoke the registry identification card of a dispensary agent who has dispensed, delivered, or otherwise transferred marijuana to a person other than a qualifying patient or designated caregiver, and that dispensary agent shall be disqualified from serving as a dispensary agent.

(b) A dispensary employing a dispensary agent found to violate paragraph (a) of this subsection (2) is not subject to penalties, including without limitation the revocation of its license, for the actions of a dispensary agent unless the dispensary knowingly aided or facilitated the violation.

SECTION 13. Prohibitions for cultivation facilities. A cultivation facility may sell marijuana plants, seeds and usable marijuana only to a dispensary or other cultivation facility.

SECTION 14. Local regulation. (1) This act does not prohibit a municipality or county of this state from enacting reasonable zoning regulations applicable to dispensaries or cultivation facilities, provided that those zoning regulations are the same as those for a licensed retail pharmacy.

(2) This section does not allow a municipality or county to prohibit the operation of any dispensaries or cultivation facilities in the municipality or county.

SECTION 15. Prohibited conduct for physicians. A physician shall not:

(a) Accept, solicit, or offer any form of pecuniary remuneration from or to a dispensary or cultivation facility; however, this does not prohibit a physician who is also a qualifying patient from purchasing usable marijuana from a dispensary;

(b) Offer a discount or other thing of value to a qualifying patient who uses or agrees to use a particular dispensary;

(d) Hold an economic interest in a dispensary or cultivation facility if the physician certifies the qualifying medical condition of a patient for medical use of marijuana.

SECTION 16. Failure to adopt rules or issue registry identification cards or licenses. If the State Department of Health, Alcoholic Beverage Control Division, or Medical Marijuana Commission fails to adopt rules to implement this act within the time prescribed or fails to issue the minimum number of dispensary licenses or cultivation facility licenses, any person who would be a qualifying patient under this act may commence a mandamus action in the Circuit Court of the First Judicial District of Hinds County to compel the department, division or commission to perform the actions mandated under the provisions of this act.

SECTION 17. Taxation and distribution of proceeds. (1) The sale of usable marijuana is subject to all state and local sales taxes at the same rate as other goods.

(2) The state sales tax revenues received by the Department of Revenue from the sale of usable marijuana under this act shall be distributed as provided in Section 27-65-75(24).

SECTION 18. Costs of administration and regulation of act. (1) The following funds shall be used by the State Department of Health to perform its duties under this act:

(a) State sales tax revenues received under Section 27-65-75(24).

(b) (i) The revenue generated from fees, penalties and other assessments of the department provided for by this act, including without limitation:

1. Registry identification card application and renewal fees; and

2. Fees for replacement registry identification cards.

(ii) Revenue generated from fees, penalties, and other assessments under this act shall be used solely for the performance of the department's duties under this act and shall be used for no other purpose;

(c) Private donations, if such funds are available; and (d) Other appropriations by the Legislature, if such funds are available.

(2) The following funds shall be used by the Alcoholic Beverage Control Division to perform its duties under this act: (a) State sales tax revenues received under Section 27-65-75(24).

(b) (i) The revenue generated from fees, penalties and other assessments of the division provided for by this act;

(ii) Revenue generated from fees, penalties and other assessments of the division under this act shall be used solely for the performance of the division's duties under this act and shall be used for no other purpose;

(c) Private donations, if such funds are available; and (d) Other appropriations by the Legislature, if such funds are available.

(3) The following funds shall be used by the Medical Marijuana Commission to perform its duties under this act:

(a) State sales tax revenues received under Section 27-65-75(24).

(b) The revenue generated from fees, penalties and other assessments of the commission provided for by this act, including without limitation dispensary and cultivation facility application fees, licensing fees and renewal fees;

(c) Private donations, if such funds are available; and (d) Other appropriations by the Legislature, if such funds are available.

SECTION 19. Medical Marijuana Commission - creation. (1) (a) There is created a Medical Marijuana Commission to determine the qualifications for receiving a license to operate a dispensary or a license to operate a cultivation facility and the awarding of licenses.

(b) Each member of the commission shall serve a term of four (4) years.

(i) Six (6) members appointed by the Governor; and

(ii) One (1) member appointed by the Lieutenant Governor.

(d) Vacancies on the commission shall be filled in the manner of the original appointment.

(e) The commission shall select one (1) of its members as chair.

(f) An affirmative vote of a majority of a quorum present shall be necessary to transact business.

(2) (a) Of the initial members appointed by the Governor, two (2) members shall serve a term of two (2) years, two (2) members shall serve a term of three (3) years, and two (2) members shall serve a term of four (4) years.

(b) The initial member appointed by the Lieutenant Governor shall serve a term of three (3) years.

(c) All subsequent persons appointed to the commission shall serve a term of four (4) years from the expiration date of the previous term.

(3) A member of the commission shall be:

(a) A citizen of the United States;

(b) A resident of the State of Mississippi for at least ten (10) years preceding his or her appointment, or have been born in Mississippi;

(d) At least twenty-one (21) years of age; and

(e) Have no economic interest in a dispensary or cultivation facility.

(4) (a) The commission, by a majority vote of the total membership of the commission cast during its first regularly scheduled meeting of each calendar year, may authorize payment to its members of a per diem in the amount provided in Section 25-3-69 for each day attending a meeting or for any day while performing any proper business of the commission.

(b) Members of the commission shall receive no other compensation or expense reimbursement payments for attending to the duties of the commission.

(5) (a) The commission may employ staff necessary to assist in the performance of its duties under this act.

(b) The Alcoholic Beverage Control Division shall provide staff for the commission if the commission does not have employees available for that purpose.

(6) (a) Initial members of the commission shall be appointed within thirty (30) days of the effective date of this act.

(b) The Governor shall call the first meeting of the commission, which shall occur within forty-five (45) days of the effective date of this act.

SECTION 20. No implied repeal. (1) By adoption of this act, there is no implied repeal of the existing Mississippi laws criminalizing possession of marijuana for purposes not specified in this act.

(2) This act acknowledges that marijuana use, possession, and distribution for any purpose remains illegal under federal law.

SECTION 21. Limitation on growing. This act:

(a) Authorizes the growing of marijuana at a dispensary or cultivation facility that is properly licensed with the state; and

(b) Does not authorize a qualifying patient, designated caregiver, or other person to grow marijuana.

SECTION 22. Section 27-65-75, Mississippi Code of 1972, is amended as follows:

27-65-75. On or before the fifteenth day of each month, the revenue collected under the provisions of this chapter during the preceding month shall be paid and distributed as follows:

(1) (a) On or before August 15, 1992, and each succeeding month thereafter through July 15, 1993, eighteen percent (18%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on business activities within a municipal corporation shall be allocated for distribution to the municipality and paid to the municipal corporation. Except as otherwise provided in this paragraph (a), on or before August 15, 1993, and each succeeding month thereafter, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within a municipal corporation shall be allocated for distribution to the municipality and paid to the municipal corporation. However, in the event the State Auditor issues a certificate of noncompliance pursuant to Section 21-35-31, the Department of Revenue shall withhold ten percent (10%) of the allocations and payments to the municipality that would otherwise be payable to the municipality under this paragraph (a) until such time that the department receives written notice of the cancellation of a certificate of noncompliance from the State Auditor.

A municipal corporation, for the purpose of distributing the tax under this subsection, shall mean and include all incorporated cities, towns and villages.

Monies allocated for distribution and credited to a municipal corporation under this paragraph may be pledged as security for a loan if the distribution received by the municipal corporation is otherwise authorized or required by law to be pledged as security for such a loan.

In any county having a county seat that is not an incorporated municipality, the distribution provided under this subsection shall be made as though the county seat was an incorporated municipality; however, the distribution to the municipality shall be paid to the county treasury in which the municipality is located, and those funds shall be used for road, bridge and street construction or maintenance in the county.

(b) On or before August 15, 2006, and each succeeding month thereafter, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.

(c) On or before August 15, 2018, and each succeeding month thereafter until August 14, 2019, two percent (2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215. On or before August 15, 2019, and each succeeding month thereafter until August 14, 2020, four percent (4%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215. On or before August 15, 2020, and each succeeding month thereafter, six percent (6%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.

(d) (i) On or before the fifteenth day of the month that the diversion authorized by this section begins, and each succeeding month thereafter, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on business activities within a redevelopment project area developed under a redevelopment plan adopted under the Tax Increment Financing Act (Section 21-45-1 et seq.) shall be allocated for distribution to the county in which the project area is located if:

1. The county borders on the Mississippi Sound and the State of Alabama;

2. The county has issued bonds under Section 21-45-9 to finance all or a portion of a redevelopment project in the redevelopment project area;

3. Any debt service for the indebtedness incurred is outstanding; and

4. A development with a value of Ten Million Dollars ($10,000,000.00) or more is, or will be, located in the redevelopment area.

(ii) Before any sales tax revenue may be allocated for distribution to a county under this paragraph, the county shall certify to the Department of Revenue that the requirements of this paragraph have been met, the amount of bonded indebtedness that has been incurred by the county for the redevelopment project and the expected date the indebtedness incurred by the county will be satisfied.

(iii) The diversion of sales tax revenue authorized by this paragraph shall begin the month following the month in which the Department of Revenue determines that the requirements of this paragraph have been met. The diversion shall end the month the indebtedness incurred by the county is satisfied. All revenue received by the county under this paragraph shall be deposited in the fund required to be created in the tax increment financing plan under Section 21-45-11 and be utilized solely to satisfy the indebtedness incurred by the county.

(2) On or before September 15, 1987, and each succeeding month thereafter, from the revenue collected under this chapter during the preceding month, One Million One Hundred Twenty-five Thousand Dollars ($1,125,000.00) shall be allocated for distribution to municipal corporations as defined under subsection (1) of this section in the proportion that the number of gallons of gasoline and diesel fuel sold by distributors to consumers and retailers in each such municipality during the preceding fiscal year bears to the total gallons of gasoline and diesel fuel sold by distributors to consumers and retailers in municipalities statewide during the preceding fiscal year. The Department of Revenue shall require all distributors of gasoline and diesel fuel to report to the department monthly the total number of gallons of gasoline and diesel fuel sold by them to consumers and retailers in each municipality during the preceding month. The Department of Revenue shall have the authority to promulgate such rules and regulations as is necessary to determine the number of gallons of gasoline and diesel fuel sold by distributors to consumers and retailers in each municipality. In determining the percentage allocation of funds under this subsection for the fiscal year beginning July 1, 1987, and ending June 30, 1988, the Department of Revenue may consider gallons of gasoline and diesel fuel sold for a period of less than one (1) fiscal year. For the purposes of this subsection, the term "fiscal year" means the fiscal year beginning July 1 of a year.

(3) On or before September 15, 1987, and on or before the fifteenth day of each succeeding month, until the date specified in Section 65-39-35, the proceeds derived from contractors' taxes levied under Section 27-65-21 on contracts for the construction or reconstruction of highways designated under the highway program created under Section 65-3-97 shall, except as otherwise provided in Section 31-17-127, be deposited into the State Treasury to the credit of the State Highway Fund to be used to fund that highway program. The Mississippi Department of Transportation shall provide to the Department of Revenue such information as is necessary to determine the amount of proceeds to be distributed under this subsection.

(4) On or before August 15, 1994, and on or before the fifteenth day of each succeeding month through July 15, 1999, from the proceeds of gasoline, diesel fuel or kerosene taxes as provided in Section 27-5-101(a)(ii)1, Four Million Dollars ($4,000,000.00) shall be deposited in the State Treasury to the credit of a special fund designated as the "State Aid Road Fund," created by Section 65-9-17. On or before August 15, 1999, and on or before the fifteenth day of each succeeding month, from the total amount of the proceeds of gasoline, diesel fuel or kerosene taxes apportioned by Section 27-5-101(a)(ii)1, Four Million Dollars ($4,000,000.00) or an amount equal to twenty-three and one-fourth percent (23-1/4%) of those funds, whichever is the greater amount, shall be deposited in the State Treasury to the credit of the "State Aid Road Fund," created by Section 65-9-17. Those funds shall be pledged to pay the principal of and interest on state aid road bonds heretofore issued under Sections 19-9-51 through 19-9-77, in lieu of and in substitution for the funds previously allocated to counties under this section. Those funds may not be pledged for the payment of any state aid road bonds issued after April 1, 1981; however, this prohibition against the pledging of any such funds for the payment of bonds shall not apply to any bonds for which intent to issue those bonds has been published for the first time, as provided by law before March 29, 1981. From the amount of taxes paid into the special fund under this subsection and subsection (9) of this section, there shall be first deducted and paid the amount necessary to pay the expenses of the Office of State Aid Road Construction, as authorized by the Legislature for all other general and special fund agencies. The remainder of the fund shall be allocated monthly to the several counties in accordance with the following formula:

(a) One-third (1/3) shall be allocated to all counties in equal shares;

(b) One-third (1/3) shall be allocated to counties based on the proportion that the total number of rural road miles in a county bears to the total number of rural road miles in all counties of the state; and

(c) One-third (1/3) shall be allocated to counties based on the proportion that the rural population of the county bears to the total rural population in all counties of the state, according to the latest federal decennial census.

For the purposes of this subsection, the term "gasoline, diesel fuel or kerosene taxes" means such taxes as defined in paragraph (f) of Section 27-5-101.

The amount of funds allocated to any county under this subsection for any fiscal year after fiscal year 1994 shall not be less than the amount allocated to the county for fiscal year 1994.

Any reference in the general laws of this state or the Mississippi Code of 1972 to Section 27-5-105 shall mean and be construed to refer and apply to subsection (4) of Section 27-65-75.

(5) One Million Six Hundred Sixty-six Thousand Six Hundred Sixty-six Dollars ($1,666,666.00) each month shall be paid into the special fund known as the "State Public School Building Fund" created and existing under the provisions of Sections 37-47-1 through 37-47-67. Those payments into that fund are to be made on the last day of each succeeding month hereafter.

(6) An amount each month beginning August 15, 1983, through November 15, 1986, as specified in Section 6, Chapter 542, Laws of 1983, shall be paid into the special fund known as the Correctional Facilities Construction Fund created in Section 6, Chapter 542, Laws of 1983.

(7) On or before August 15, 1992, and each succeeding month thereafter through July 15, 2000, two and two hundred sixty-six one-thousandths percent (2.266%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Section 27-65-17(2), shall be deposited by the department into the School Ad Valorem Tax Reduction Fund created under Section 37-61-35. On or before August 15, 2000, and each succeeding month thereafter, two and two hundred sixty-six one-thousandths percent (2.266%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Section 27-65-17(2), shall be deposited into the School Ad Valorem Tax Reduction Fund created under Section 37-61-35 until such time that the total amount deposited into the fund during a fiscal year equals Forty-two Million Dollars ($42,000,000.00). Thereafter, the amounts diverted under this subsection (7) during the fiscal year in excess of Forty-two Million Dollars ($42,000,000.00) shall be deposited into the Education Enhancement Fund created under Section 37-61-33 for appropriation by the Legislature as other education needs and shall not be subject to the percentage appropriation requirements set forth in Section 37-61-33.

(8) On or before August 15, 1992, and each succeeding month thereafter, nine and seventy-three one-thousandths percent (9.073%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Section 27-65-17(2), shall be deposited into the Education Enhancement Fund created under Section 37-61-33.

(9) On or before August 15, 1994, and each succeeding month thereafter, from the revenue collected under this chapter during the preceding month, Two Hundred Fifty Thousand Dollars ($250,000.00) shall be paid into the State Aid Road Fund.

(10) On or before August 15, 1994, and each succeeding month thereafter through August 15, 1995, from the revenue collected under this chapter during the preceding month, Two Million Dollars ($2,000,000.00) shall be deposited into the Motor Vehicle Ad Valorem Tax Reduction Fund established in Section 27-51-105.

(11) Notwithstanding any other provision of this section to the contrary, on or before February 15, 1995, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(2) and the corresponding levy in Section 27-65-23 on the rental or lease of private carriers of passengers and light carriers of property as defined in Section 27-51-101 shall be deposited, without diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund established in Section 27-51-105.

(12) Notwithstanding any other provision of this section to the contrary, on or before August 15, 1995, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1) on retail sales of private carriers of passengers and light carriers of property, as defined in Section 27-51-101 and the corresponding levy in Section 27-65-23 on the rental or lease of these vehicles, shall be deposited, after diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund established in Section 27-51-105.

(13) On or before July 15, 1994, and on or before the fifteenth day of each succeeding month thereafter, that portion of the avails of the tax imposed in Section 27-65-22 that is derived from activities held on the Mississippi State Fairgrounds Complex shall be paid into a special fund that is created in the State Treasury and shall be expended upon legislative appropriation solely to defray the costs of repairs and renovation at the Trade Mart and Coliseum.

(14) On or before August 15, 1998, and each succeeding month thereafter through July 15, 2005, that portion of the avails of the tax imposed in Section 27-65-23 that is derived from sales by cotton compresses or cotton warehouses and that would otherwise be paid into the General Fund shall be deposited in an amount not to exceed Two Million Dollars ($2,000,000.00) into the special fund created under Section 69-37-39. On or before August 15, 2007, and each succeeding month thereafter through July 15, 2010, that portion of the avails of the tax imposed in Section 27-65-23 that is derived from sales by cotton compresses or cotton warehouses and that would otherwise be paid into the General Fund shall be deposited in an amount not to exceed Two Million Dollars ($2,000,000.00) into the special fund created under Section 69-37-39 until all debts or other obligations incurred by the Certified Cotton Growers Organization under the Mississippi Boll Weevil Management Act before January 1, 2007, are satisfied in full. On or before August 15, 2010, and each succeeding month thereafter through July 15, 2011, fifty percent (50%) of that portion of the avails of the tax imposed in Section 27-65-23 that is derived from sales by cotton compresses or cotton warehouses and that would otherwise be paid into the General Fund shall be deposited into the special fund created under Section 69-37-39 until such time that the total amount deposited into the fund during a fiscal year equals One Million Dollars ($1,000,000.00). On or before August 15, 2011, and each succeeding month thereafter, that portion of the avails of the tax imposed in Section 27-65-23 that is derived from sales by cotton compresses or cotton warehouses and that would otherwise be paid into the General Fund shall be deposited into the special fund created under Section 69-37-39 until such time that the total amount deposited into the fund during a fiscal year equals One Million Dollars ($1,000,000.00).

(15) Notwithstanding any other provision of this section to the contrary, on or before September 15, 2000, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of Section 27-65-19(1)(d)(i)2, and 27-65-19(1)(d)(i)3 shall be deposited, without diversion, into the Telecommunications Ad Valorem Tax Reduction Fund established in Section 27-38-7.

(16) (a) On or before August 15, 2000, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of this chapter on the gross proceeds of sales of a project as defined in Section 57-30-1 shall be deposited, after all diversions except the diversion provided for in subsection (1) of this section, into the Sales Tax Incentive Fund created in Section 57-30-3.

(b) On or before August 15, 2007, and each succeeding month thereafter, eighty percent (80%) of the sales tax revenue collected during the preceding month under the provisions of this chapter from the operation of a tourism project under the provisions of Sections 57-26-1 through 57-26-5, shall be deposited, after the diversions required in subsections (7) and (8) of this section, into the Tourism Project Sales Tax Incentive Fund created in Section 57-26-3.

(17) Notwithstanding any other provision of this section to the contrary, on or before April 15, 2002, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under Section 27-65-23 on sales of parking services of parking garages and lots at airports shall be deposited, without diversion, into the special fund created under Section 27-5-101(d).

(18) [Repealed]

(19) (a) On or before August 15, 2005, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of this chapter on the gross proceeds of sales of a business enterprise located within a redevelopment project area under the provisions of Sections 57-91-1 through 57-91-11, and the revenue collected on the gross proceeds of sales from sales made to a business enterprise located in a redevelopment project area under the provisions of Sections 57-91-1 through 57-91-11 (provided that such sales made to a business enterprise are made on the premises of the business enterprise), shall, except as otherwise provided in this subsection (19), be deposited, after all diversions, into the Redevelopment Project Incentive Fund as created in Section 57-91-9.

(b) For a municipality participating in the Economic Redevelopment Act created in Sections 57-91-1 through 57-91-11, the diversion provided for in subsection (1) of this section attributable to the gross proceeds of sales of a business enterprise located within a redevelopment project area under the provisions of Sections 57-91-1 through 57-91-11, and attributable to the gross proceeds of sales from sales made to a business enterprise located in a redevelopment project area under the provisions of Sections 57-91-1 through 57-91-11 (provided that such sales made to a business enterprise are made on the premises of the business enterprise), shall be deposited into the Redevelopment Project Incentive Fund as created in Section 57-91-9, as follows:

(i) For the first six (6) years in which payments are made to a developer from the Redevelopment Project Incentive Fund, one hundred percent (100%) of the diversion shall be deposited into the fund;

(ii) For the seventh year in which such payments are made to a developer from the Redevelopment Project Incentive Fund, eighty percent (80%) of the diversion shall be deposited into the fund;

(iii) For the eighth year in which such payments are made to a developer from the Redevelopment Project Incentive Fund, seventy percent (70%) of the diversion shall be deposited into the fund;

(iv) For the ninth year in which such payments are made to a developer from the Redevelopment Project Incentive Fund, sixty percent (60%) of the diversion shall be deposited into the fund; and

(v) For the tenth year in which such payments are made to a developer from the Redevelopment Project Incentive Fund, fifty percent (50%) of the funds shall be deposited into the fund.

(20) On or before January 15, 2007, and each succeeding month thereafter, eighty percent (80%) of the sales tax revenue collected during the preceding month under the provisions of this chapter from the operation of a tourism project under the provisions of Sections 57-28-1 through 57-28-5 shall be deposited, after the diversions required in subsections (7) and (8) of this section, into the Tourism Sales Tax Incentive Fund created in Section 57-28-3.

(21) (a) On or before April 15, 2007, and each succeeding month thereafter through June 15, 2013, One Hundred Fifty Thousand Dollars ($150,000.00) of the sales tax revenue collected during the preceding month under the provisions of this chapter shall be deposited into the MMEIA Tax Incentive Fund created in Section 57-101-3.

(b) On or before July 15, 2013, and each succeeding month thereafter, One Hundred Fifty Thousand Dollars ($150,000.00) of the sales tax revenue collected during the preceding month under the provisions of this chapter shall be deposited into the Mississippi Development Authority Job Training Grant Fund created in Section 57-1-451.

(22) Notwithstanding any other provision of this section to the contrary, on or before August 15, 2009, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of Section 27-65-201 shall be deposited, without diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund established in Section 27-51-105.

(23) (a) On or before August 15, 2019, and each month thereafter through July 15, 2020, one percent (1%) of the total sales tax revenue collected during the preceding month from restaurants and hotels shall be allocated for distribution to the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, to be used exclusively for the purpose stated therein. On or before August 15, 2020, and each month thereafter through July 15, 2021, two percent (2%) of the total sales tax revenue collected during the preceding month from restaurants and hotels shall be allocated for distribution to the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, to be used exclusively for the purpose stated therein. On or before August 15, 2021, and each month thereafter, three percent (3%) of the total sales tax revenue collected during the preceding month from restaurants and hotels shall be allocated for distribution to the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, to be used exclusively for the purpose stated therein. The revenue diverted pursuant to this subsection shall not be available for expenditure until February 1, 2020.

(b) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) must provide an annual report to the Legislature indicating the amount of funds deposited into the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, and a detailed record of how the funds are spent.

(24) On or before August 15, 2020, and each succeeding month thereafter, the following percentages of the sales tax revenue collected during the preceding month from the sale of usable marijuana authorized under the Mississippi Medical Marijuana Act of 2020 shall be distributed as follows: Five percent (5%) shall be distributed to the State Department of Health; four percent (4%) shall be distributed to the Alcoholic Beverage Control Division; and one percent (1%) shall be distributed to the Medical Marijuana Commission.

(25) The remainder of the amounts collected under the provisions of this chapter shall be paid into the State Treasury to the credit of the General Fund.

( * * *2526) (a) It shall be the duty of the municipal officials of any municipality that expands its limits, or of any community that incorporates as a municipality, to notify the commissioner of that action thirty (30) days before the effective date. Failure to so notify the commissioner shall cause the municipality to forfeit the revenue that it would have been entitled to receive during this period of time when the commissioner had no knowledge of the action.

(b) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, if any funds have been erroneously disbursed to any municipality or any overpayment of tax is recovered by the taxpayer, the commissioner may make correction and adjust the error or overpayment with the municipality by withholding the necessary funds from any later payment to be made to the municipality.

(ii) Subject to the provisions of Sections 27-65-51 and 27-65-53, if any funds have been erroneously disbursed to a municipality under subsection (1) of this section for a period of three (3) years or more, the maximum amount that may be recovered or withheld from the municipality is the total amount of funds erroneously disbursed for a period of three (3) years beginning with the date of the first erroneous disbursement. However, if during such period, a municipality provides written notice to the Department of Revenue indicating the erroneous disbursement of funds, then the maximum amount that may be recovered or withheld from the municipality is the total amount of funds erroneously disbursed for a period of one (1) year beginning with the date of the first erroneous disbursement.

SECTION 23. Section 41-29-125, Mississippi Code of 1972, is amended as follows:

41-29-125. (1) The State Board of Pharmacy may promulgate rules and regulations relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state and the distribution and dispensing of controlled substances into this state from an out-of-state location.

(a) Every person who manufactures, distributes or dispenses any controlled substance within this state or who distributes or dispenses any controlled substance into this state from an out-of-state location, or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state or the distribution or dispensing of any controlled substance into this state from an out-of-state location, must obtain a registration issued by the State Board of Pharmacy, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing or the Mississippi Board of Veterinary Medicine, as appropriate, in accordance with its rules and the law of this state. Such registration shall be obtained annually or biennially, as specified by the issuing board, and a reasonable fee may be charged by the issuing board for such registration.

(b) Persons registered by the State Board of Pharmacy, with the consent of the United States Drug Enforcement Administration and the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing or the Mississippi Board of Veterinary Medicine to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.

(1) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment;

(2) A common or contract carrier or warehouse, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

(3) An ultimate user or a person in possession of any controlled substance pursuant to a valid prescription or in lawful possession of a Schedule V substance as defined in Section 41-29-121.

(d) The State Board of Pharmacy may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.

(e) A separate registration is required at each principal place of business or professional practice where an applicant within the state manufactures, distributes or dispenses controlled substances and for each principal place of business or professional practice located out-of-state from which controlled substances are distributed or dispensed into the state.

(f) The State Board of Pharmacy, the Mississippi Bureau of Narcotics, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing and the Mississippi Board of Veterinary Medicine may inspect the establishment of a registrant or applicant for registration in accordance with the regulations of these agencies as approved by the board.

(2) Whenever a pharmacy ships, mails or delivers any Schedule II controlled substance listed in Section 41-29-115 to a private residence in this state, the pharmacy shall arrange with the entity that will actually deliver the controlled substance to a recipient in this state that the entity will: (a) deliver the controlled substance only to a person who is eighteen (18) years of age or older; and (b) obtain the signature of that person before delivering the controlled substance. The requirements of this subsection shall not apply to a pharmacy serving a nursing facility or to a pharmacy owned and/or operated by a hospital, nursing facility or clinic to which the general public does not have access to purchase pharmaceuticals on a retail basis.

(3) This section does not apply to any of the actions regarding the cultivation, manufacture, sale, distribution, dispensing, purchase, use and testing of marijuana for medical use that are lawful under the Mississippi Medical Marijuana Act of 2020.

SECTION 24. Section 41-29-127, Mississippi Code of 1972, is amended as follows:

41-29-127. (a) The State Board of Pharmacy shall register an applicant to manufacture or distribute controlled substances included in Sections 41-29-113 through 41-29-121 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the State Board of Pharmacy shall consider the following factors:

(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;

(2) Compliance with applicable state and local law;

(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

(4) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;

(5) Furnishing by the applicant of false or fraudulent material in any application filed under this article;

(6) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and

(7) Any other factors relevant to and consistent with the public health and safety.

(b) Registration under subsection (a) does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, other than those specified in the registration.

(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V, as set out in Sections 41-29-115 through 41-29-121, if they are authorized to dispense or conduct research under the law of this state. The State Board of Pharmacy need not require separate registration under this section for practitioners engaging in research with nonnarcotic controlled substances in the said Schedules II through V where the registrant is already registered therein in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances, as set out in Section 41-29-113, may conduct research with Schedule I substances within this state upon furnishing the State Board of Health evidence of that federal registration.

(d) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this article.

(e) This section does not apply to any of the actions regarding the cultivation, manufacture, sale, distribution, dispensing, purchase, use and testing of marijuana for medical use that are lawful under the Mississippi Medical Marijuana Act of 2020.

SECTION 25. Section 41-29-136, Mississippi Code of 1972, is amended as follows:

41-29-136. (1) "CBD solution" means a pharmaceutical preparation consisting of processed cannabis plant extract in oil or other suitable vehicle.

(2) (a) CBD solution prepared from Cannabis plant extract that is provided by the National Center for Natural Products Research at the University of Mississippi under appropriate federal and state regulatory approvals may be dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center (UMMC Pharmacy) after mixing the extract with a suitable vehicle. The CBD solution may be prepared by the UMMC Pharmacy or by another pharmacy or laboratory in the state under appropriate federal and state regulatory approvals and registrations. For the purposes of clinical trials under this section, CBD solution must meet the standard of exemption from control under Section 41-29-113.

(b) The patient or the patient's parent, guardian or custodian must execute a hold-harmless agreement that releases from liability the state and any division, agency, institution or employee thereof involved in the research, cultivation, processing, formulating, dispensing, prescribing or administration of CBD solution obtained from entities authorized under this section to produce or possess cannabidiol for research under appropriate federal and state regulatory approvals and registrations.

(c) The National Center for Natural Products Research at the University of Mississippi and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are the only entities authorized to produce cannabis plants for cannabidiol research.

(d) Research of CBD solution under this section must comply with the provisions of Section 41-29-125 regarding lawful possession of controlled substances, of Section 41-29-137 regarding record-keeping requirements relative to the dispensing, use or administration of controlled substances, and of Section 41-29-133 regarding inventory requirements, insofar as they are applicable. Authorized entities may enter into public-private partnerships to facilitate research.

(3) (a) In a prosecution for the unlawful possession of marijuana under the laws of this state, it is an affirmative and complete defense to prosecution that:

(i) The defendant suffered from a debilitating epileptic condition or related illness and the use or possession of CBD solution was pursuant to the order of a physician as authorized under this section; or

(ii) The defendant is the parent, guardian or custodian of an individual who suffered from a debilitating epileptic condition or related illness and the use or possession of CBD solution was pursuant to the order of a physician as authorized under this section.

(b) An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from the home based solely upon the possession or use of CBD solution by the child or parent, guardian or custodian of the child as authorized under this section.

(c) An employee of the state or any division, agency, institution thereof involved in the research, cultivation, processing, formulation, dispensing, prescribing or administration of CBD solution shall not be subject to prosecution for unlawful possession, use, distribution or prescription of marijuana under the laws of this state for activities arising from or related to the use of CBD solution in the treatment of individuals diagnosed with a debilitating epileptic condition.

(4) This section does not apply to any of the actions regarding the cultivation, manufacture, sale, distribution, dispensing, purchase, use and testing of marijuana for medical use that are lawful under the Mississippi Medical Marijuana Act of 2020.

( * * *45) This section shall be known as "Harper Grace's Law."

( * * *56) This section shall stand repealed from and after July 1, 2021.

SECTION 26. Section 41-29-137, Mississippi Code of 1972, is amended as follows:

41-29-137. (a) (1) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II, as set out in Section 41-29-115, may be dispensed without the written valid prescription of a practitioner. A practitioner shall keep a record of all controlled substances in Schedule I, II and III administered, dispensed or professionally used by him otherwise than by prescription.

(2) In emergency situations, as defined by rule of the State Board of Pharmacy, Schedule II drugs may be dispensed upon the oral valid prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of Section 41-29-133. No prescription for a Schedule II substance may be refilled unless renewed by prescription issued by a licensed medical doctor.

(b) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV, as set out in Sections 41-29-117 and 41-29-119, shall not be dispensed without a written or oral valid prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.

(c) A controlled substance included in Schedule V, as set out in Section 41-29-121, shall not be distributed or dispensed other than for a medical purpose.

(d) An optometrist certified to prescribe and use therapeutic pharmaceutical agents under Sections 73-19-153 through 73-19-165 shall be authorized to prescribe oral analgesic controlled substances in Schedule IV or V, as pertains to treatment and management of eye disease by written prescription only.

(e) Administration by injection of any pharmaceutical product authorized in this section is expressly prohibited except when dispensed directly by a practitioner other than a pharmacy.

(f) (1) For the purposes of this article, Title 73, Chapter 21, and Title 73, Chapter 25, Mississippi Code of 1972, as it pertains to prescriptions for controlled substances, a "valid prescription" means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by:

(A) A practitioner who has conducted at least one (1) in-person medical evaluation of the patient; or

(B) A covering practitioner.

(2) (A) "In-person medical evaluation" means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals.

(B) "Covering practitioner" means a practitioner who conducts a medical evaluation other than an in-person medical evaluation at the request of a practitioner who has conducted at least one (1) in-person medical evaluation of the patient or an evaluation of the patient through the practice of telemedicine within the previous twenty-four (24) months and who is temporarily unavailable to conduct the evaluation of the patient.

(3) A prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire is not a valid prescription.

(4) Nothing in this subsection ( * * *bf) shall apply to:

(A) A prescription issued by a practitioner engaged in the practice of telemedicine as authorized under state or federal law; or

(B) The dispensing or selling of a controlled substance pursuant to practices as determined by the United States Attorney General by regulation.

(g) This section does not apply to any of the actions regarding the cultivation, manufacture, sale, distribution, dispensing, purchase, use and testing of marijuana for medical use that are lawful under the Mississippi Medical Marijuana Act of 2020.

SECTION 27. Section 41-29-139, Mississippi Code of 1972, is amended as follows:

41-29-139. (a) Transfer and possession with intent to transfer. Except as authorized by this article, it is unlawful for any person knowingly or intentionally:

(1) To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or

(2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance.

(b) Punishment for transfer and possession with intent to transfer. Except as otherwise provided in Section 41-29-142, any person who violates subsection (a) of this section shall be, if convicted, sentenced as follows:

(1) For controlled substances classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, other than marijuana or synthetic cannabinoids:

(A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

(B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

(C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than five (5) years nor more than thirty (30) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.

(2) (A) For marijuana:

1. If thirty (30) grams or less, by imprisonment for not more than three (3) years or a fine of not more than Three Thousand Dollars ($3,000.00), or both;

2. If more than thirty (30) grams but less than two hundred fifty (250) grams, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

3. If two hundred fifty (250) or more grams but less than five hundred (500) grams, by imprisonment for not less than three (3) years nor more than ten (10) years or a fine of not more than Fifteen Thousand Dollars ($15,000.00), or both;

4. If five hundred (500) or more grams but less than one (1) kilogram, by imprisonment for not less than five (5) years nor more than twenty (20) years or a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.

(B) For synthetic cannabinoids:

1. If ten (10) grams or less, by imprisonment for not more than three (3) years or a fine of not more than Three Thousand Dollars ($3,000.00), or both;

2. If more than ten (10) grams but less than twenty (20) grams, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

3. If twenty (20) or more grams but less than forty (40) grams, by imprisonment for not less than three (3) years nor more than ten (10) years or a fine of not more than Fifteen Thousand Dollars ($15,000.00), or both;

4. If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than five (5) years nor more than twenty (20) years or a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.

(3) For controlled substances classified in Schedules III and IV, as set out in Sections 41-29-117 and 41-29-119:

(A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

(B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;

(C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not more than fifteen (15) years or a fine of not more than One Hundred Thousand Dollars ($100,000.00), or both;

(D) If thirty (30) or more grams or forty (40) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

(4) For controlled substances classified in Schedule V, as set out in Section 41-29-121:

(A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than one (1) year or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

(B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;

(C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not more than ten (10) years or a fine of not more than Twenty Thousand Dollars ($20,000.00), or both;

(D) For thirty (30) or more grams or forty (40) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not more than fifteen (15) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

(c) Simple possession. Except as otherwise provided under subsection (i) of this section for lawful purchases made under the Mississippi Medical Marijuana Act of 2020, it is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article. The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marijuana or synthetic cannabinoids, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate:

"Dosage unit (d.u.)" means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. In the case of lysergic acid diethylamide (LSD) the term, "dosage unit" means a stamp, square, dot, microdot, tablet or capsule of a controlled substance.

For any controlled substance that does not fall within the definition of the term "dosage unit," the penalties shall be based upon the weight of the controlled substance.

The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance.

If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment.

A person shall be charged and sentenced as follows for a violation of this subsection with respect to:

(1) A controlled substance classified in Schedule I or II, except marijuana and synthetic cannabinoids:

(A) If less than one-tenth (0.1) gram or two (2) dosage units, the violation is a misdemeanor and punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both.

(B) If one-tenth (0.1) gram or more or two (2) or more dosage units, but less than two (2) grams or ten (10) dosage units, by imprisonment for not more than three (3) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

(C) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

(D) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.

(2) (A) Marijuana and synthetic cannabinoids:

1. If thirty (30) grams or less of marijuana or ten (10) grams or less of synthetic cannabinoids, by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00). The provisions of this paragraph (2)(A) may be enforceable by summons if the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons. A second conviction under this section within two (2) years is a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00), not more than sixty (60) days in the county jail, and mandatory participation in a drug education program approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that a drug education program is inappropriate. A third or subsequent conviction under this paragraph (2)(A) within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) and confinement for not more than six (6) months in the county jail.

Upon a first or second conviction under this paragraph (2)(A), the courts shall forward a report of the conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this paragraph (2)(A) and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;

2. Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams of marijuana or not more than ten (10) grams of synthetic cannabinoids is guilty of a misdemeanor and, upon conviction, may be fined not more than One Thousand Dollars ($1,000.00) or confined for not more than ninety (90) days in the county jail, or both. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers;

(B) Marijuana:

1. If more than thirty (30) grams but less than two hundred fifty (250) grams, by a fine of not more than One Thousand Dollars ($1,000.00), or confinement in the county jail for not more than one (1) year, or both; or by a fine of not more than Three Thousand Dollars ($3,000.00), or imprisonment in the custody of the Department of Corrections for not more than three (3) years, or both;

2. If two hundred fifty (250) or more grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;

3. If five hundred (500) or more grams but less than one (1) kilogram, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both;

4. If one (1) kilogram or more but less than five (5) kilograms, by imprisonment for not less than six (6) years nor more than twenty-four (24) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both;

5. If five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years or a fine of not more than One Million Dollars ($1,000,000.00), or both.

1. If more than ten (10) grams but less than twenty (20) grams, by a fine of not more than One Thousand Dollars ($1,000.00), or confinement in the county jail for not more than one (1) year, or both; or by a fine of not more than Three Thousand Dollars ($3,000.00), or imprisonment in the custody of the Department of Corrections for not more than three (3) years, or both;

2. If twenty (20) or more grams but less than forty (40) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;

3. If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both;

4. If two hundred (200) or more grams, by imprisonment for not less than six (6) years nor more than twenty-four (24) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.

(3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:

(A) If less than fifty (50) grams or less than one hundred (100) dosage units, the offense is a misdemeanor and punishable by not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both.

(B) If fifty (50) or more grams or one hundred (100) or more dosage units, but less than one hundred fifty (150) grams or five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(C) If one hundred fifty (150) or more grams or five hundred (500) or more dosage units, but less than three hundred (300) grams or one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

(D) If three hundred (300) or more grams or one thousand (1,000) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

(d) Paraphernalia. (1) Except as otherwise provided for under subsection (i) of this section for lawful purchases made under the Mississippi Medical Marijuana Act of 2020, it is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection (d)(1) is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of thirty (30) grams or less of marijuana under subsection (c)(2)(A) of this section.

(2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Except as provided in subsection (d)(3), a person who violates this subsection (d)(2) is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.

(3) Any person eighteen (18) years of age or over who violates subsection (d)(2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.

(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.

(e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss. Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.

(f) Trafficking. (1) Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than ten (10) years nor more than forty (40) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00). The ten-year mandatory sentence shall not be reduced or suspended. The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding.

(2) "Trafficking in controlled substances" as used herein means:

(A) A violation of subsection (a) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids;

(B) A violation of subsection (a) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance;

(C) A violation of subsection (c) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids;

(D) A violation of subsection (c) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance; or

(E) A violation of subsection (a) of this section involving one (1) kilogram or more of marijuana or two hundred (200) grams or more of synthetic cannabinoids.

(g) Aggravated trafficking. Any person trafficking in Schedule I or II controlled substances, except marijuana and synthetic cannabinoids, of two hundred (200) grams or more shall be guilty of aggravated trafficking and, upon conviction, shall be sentenced to a term of not less than twenty-five (25) years nor more than life in prison and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00). The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended. The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding.

(h) Sentence mitigation. (1) Notwithstanding any provision of this section, a person who has been convicted of an offense under this section that requires the judge to impose a prison sentence which cannot be suspended or reduced and is ineligible for probation or parole may, at the discretion of the court, receive a sentence of imprisonment that is no less than twenty-five percent (25%) of the sentence prescribed by the applicable statute. In considering whether to apply the departure from the sentence prescribed, the court shall conclude that:

(A) The offender was not a leader of the criminal enterprise;

(B) The offender did not use violence or a weapon during the crime;

(C) The offense did not result in a death or serious bodily injury of a person not a party to the criminal enterprise; and

(D) The interests of justice are not served by the imposition of the prescribed mandatory sentence.

The court may also consider whether information and assistance were furnished to a law enforcement agency, or its designee, which, in the opinion of the trial judge, objectively should or would have aided in the arrest or prosecution of others who violate this subsection. The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished.

(2) If the court reduces the prescribed sentence pursuant to this subsection, it must specify on the record the circumstances warranting the departure.

(i) This section does not apply to any of the actions regarding the cultivation, manufacture, sale, distribution, dispensing, purchase, use and testing of marijuana for medical use that are lawful under the Mississippi Medical Marijuana Act of 2020.

SECTION 28. Section 41-29-141, Mississippi Code of 1972, is amended as follows:

41-29-141. It is unlawful for any person:

(1) Who is subject to Section 41-29-125 to distribute or dispense a controlled substance in violation of Section 41-29-137;

(2) Who is a registrant under Section 41-29-125 to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;

(3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this article;

(4) To refuse a lawful entry into any premises for any inspection authorized by this article; or

(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this article for the purpose of using these substances, or which is used for keeping or selling them in violation of this article.

Any person who violates this section shall, with respect to such violation, be subject to a civil penalty payable to the State of Mississippi of not more than Twenty-five Thousand Dollars ($25,000.00).

In addition to the civil penalty provided in the preceding paragraph, any person who knowingly or intentionally violates this section shall be guilty of a crime and upon conviction thereof may be confined for a period of not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00), or both.

This section does not apply to any of the actions regarding the cultivation, manufacture, sale, distribution, dispensing, purchase, use and testing of marijuana for medical use that are lawful under the Mississippi Medical Marijuana Act of 2020.

SECTION 29. Section 41-29-143, Mississippi Code of 1972, is amended as follows:

41-29-143. It is unlawful for any person knowingly or intentionally:

(1) To distribute as a registrant a controlled substance classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, except pursuant to an order form as required by Section 41-29-135;

(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person * * *.;

(3) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article; or

(4) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.

Any person who violates this section is guilty of a crime and upon conviction may be confined for not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00) or both.

SECTION 30. Section 73-25-29, Mississippi Code of 1972, is brought forward as follows:

73-25-29. The grounds for the nonissuance, suspension, revocation or restriction of a license or the denial of reinstatement or renewal of a license are:

(1) Habitual personal use of narcotic drugs, or any other drug having addiction-forming or addiction-sustaining liability.

(2) Habitual use of intoxicating liquors, or any beverage, to an extent which affects professional competency.

(3) Administering, dispensing or prescribing any narcotic drug, or any other drug having addiction-forming or addiction-sustaining liability otherwise than in the course of legitimate professional practice.

(4) Conviction of violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.

(5) Procuring, or attempting to procure, or aiding in, an abortion that is not medically indicated.

(6) Conviction of a felony or misdemeanor involving moral turpitude, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.

(7) Obtaining or attempting to obtain a license by fraud or deception.

(8) Unprofessional conduct, which includes, but is not limited to:

(a) Practicing medicine under a false or assumed name or impersonating another practitioner, living or dead.

(b) Knowingly performing any act which in any way assists an unlicensed person to practice medicine.

(d) Being guilty of any dishonorable or unethical conduct likely to deceive, defraud or harm the public.

(e) Obtaining a fee as personal compensation or gain from a person on fraudulent representation of a disease or injury condition generally considered incurable by competent medical authority in the light of current scientific knowledge and practice can be cured or offering, undertaking, attempting or agreeing to cure or treat the same by a secret method, which he refuses to divulge to the board upon request.

(f) Use of any false, fraudulent or forged statement or document, or the use of any fraudulent, deceitful, dishonest or immoral practice in connection with any of the licensing requirements, including the signing in his professional capacity any certificate that is known to be false at the time he makes or signs such certificate.

(g) Failing to identify a physician's school of practice in all professional uses of his name by use of his earned degree or a description of his school of practice.

(9) The refusal of a licensing authority of another state or jurisdiction to issue or renew a license, permit or certificate to practice medicine in that jurisdiction or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by such licensing authority which prevents or restricts practice in that jurisdiction, a certified copy of the disciplinary order or action taken by the other state or jurisdiction being prima facie evidence thereof, notwithstanding the pendency of any appeal.

(10) Surrender of a license or authorization to practice medicine in another state or jurisdiction or surrender of membership on any medical staff or in any medical or professional association or society while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this section.

(11) Final sanctions imposed by the United States Department of Health and Human Services, Office of Inspector General or any successor federal agency or office, based upon a finding of incompetency, gross misconduct or failure to meet professionally recognized standards of health care; a certified copy of the notice of final sanction being prima facie evidence thereof. As used in this paragraph, the term "final sanction" means the written notice to a physician from the United States Department of Health and Human Services, Officer of Inspector General or any successor federal agency or office, which implements the exclusion.

(12) Failure to furnish the board, its investigators or representatives information legally requested by the board.

(13) Violation of any provision(s) of the Medical Practice Act or the rules and regulations of the board or of any order, stipulation or agreement with the board.

(14) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.

(15) Performing or inducing an abortion on a woman in violation of any provision of Sections 41-41-131 through 41-41-145.

(16) Performing an abortion on a pregnant woman after determining that the unborn human individual that the pregnant woman is carrying has a detectable fetal heartbeat as provided in Section 41-41-34.1.

In addition to the grounds specified above, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 31. This act shall take effect and be in force from and after July 1, 2020.

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Bill Text: MS HB1213 | 2020 | Regular Session | Introduced

Mississippi House Bill 1213 (Prior Session Legislation)

House Bill 1213

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