Bill Text: MS HC81 | 2019 | Regular Session | Introduced
Bill Title: Suspend deadlines for further consideration of House Bill 1371; Mississippi Medical Marijuana Act of 2019; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-03-29 - Died In Committee [HC81 Detail]
Download: Mississippi-2019-HC81-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Rules; Public Health and Human Services
By: Representative Scott
House Concurrent Resolution 81
A CONCURRENT RESOLUTION SUSPENDING THE DEADLINES FOR THE PURPOSE OF THE FURTHER CONSIDERATION AND PASSAGE OF HOUSE BILL 1371, REGULAR SESSION OF 2019, ENTITLED "AN ACT TO BE KNOWN AS THE MISSISSIPPI MEDICAL MARIJUANA ACT OF 2019; 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 IMPOSING CERTAIN CONDITIONS AND REQUIREMENTS ON PHYSICIANS, DISPENSARIES, DISPENSARY AND CULTIVATION FACILITY AGENTS AND ON QUALIFYING PATIENTS; TO ESTABLISHING 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 PROVIDING THAT THE STATE SALES TAX REVENUE SHALL BE DISTRIBUTED FIVE PERCENT TO THE DEPARTMENT OF HEALTH, FOUR PERCENT TO THE ALCOHOLIC BEVERAGE CONTROL DIVISION, ONE PERCENT TO THE MEDICAL MARIJUANA COMMISSION AND THE REMAINDER TO THE STATE GENERAL FUND; 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; TO BRING FORWARD SECTION 27-65-75, MISSISSIPPI CODE OF 1972, WHICH IS THE SALES TAX DIVERSION SECTION, FOR THE PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 73-25-29, MISSISSIPPI CODE OF 1972, WHICH SPECIFIES THE GROUNDS FOR DISCIPLINARY ACTION AGAINST A PHYSICIAN, FOR THE PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES."
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Joint Rules of the House and the Senate, including all the deadlines and other provisions imposed by Joint Rule No. 40, are suspended for the purpose of the further consideration and passage of a House Bill 1371, Regular Session of 2019, entitled "AN ACT TO BE KNOWN AS THE MISSISSIPPI MEDICAL MARIJUANA ACT OF 2019; 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 IMPOSING CERTAIN CONDITIONS AND REQUIREMENTS ON PHYSICIANS, DISPENSARIES, DISPENSARY AND CULTIVATION FACILITY AGENTS AND ON QUALIFYING PATIENTS; TO ESTABLISHING 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 PROVIDING THAT THE STATE SALES TAX REVENUE SHALL BE DISTRIBUTED FIVE PERCENT TO THE DEPARTMENT OF HEALTH, FOUR PERCENT TO THE ALCOHOLIC BEVERAGE CONTROL DIVISION, ONE PERCENT TO THE MEDICAL MARIJUANA COMMISSION AND THE REMAINDER TO THE STATE GENERAL FUND; 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; TO BRING FORWARD SECTION 27-65-75, MISSISSIPPI CODE OF 1972, WHICH IS THE SALES TAX DIVERSION SECTION, FOR THE PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 73-25-29, MISSISSIPPI CODE OF 1972, WHICH SPECIFIES THE GROUNDS FOR DISCIPLINARY ACTION AGAINST A PHYSICIAN, FOR THE PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES."
