MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Welfare
By: Senator(s) Blackwell
AN ACT TO AMEND SECTION 41-137-3, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS RELATED TO THE MEDICAL CANNABIS ACT, INCLUDING "CONCENTRATE," "DEBILITATING MEDICAL CONDITIONS," MEDICAL CANNABIS "UNIT" AND "HOMEBOUND"; TO AMEND SECTION 41-137-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE WRITTEN CERTIFICATIONS TO BE ISSUED TO HOMEBOUND PATIENTS THROUGH A TELEMEDICINE ASSESSMENT; TO AUTHORIZE TELEMEDICINE APPOINTMENTS FOR FOLLOW-UP VISITS FOR ANY QUALIFYING PATIENT; TO AMEND SECTION 41-137-9, MISSISSIPPI CODE OF 1972, TO ADD NONRESIDENT CARDHOLDERS INTO THE PRESUMPTION THAT THE INDIVIDUAL IS ENGAGED IN THE MEDICAL USE OF CANNABIS UNDER THIS CHAPTER IF THEY HAVE A REGISTRY IDENTIFICATION CARD AND AN AMOUNT OF MEDICAL CANNABIS THAT DOES NOT EXCEED THE ALLOWABLE AMOUNT; TO AMEND SECTION 41-137-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A LICENSED MEDICAL CANNABIS ESTABLISHMENT TO DELIVER MEDICAL CANNABIS DIRECTLY FROM A DISPENSARY TO A NURSING FACILITY, HOSPITAL, HOSPICE, ASSISTED LIVING FACILITY, PERSONAL CARE HOME, ADULT DAY CARE FACILITY, IF A REGISTERED QUALIFYING PATIENT IS OTHERWISE UNABLE TO OBTAIN MEDICAL CANNABIS; TO PROVIDE THAT AN EMPLOYEE OF SUCH FACILITY MAY RECEIVE THE MEDICAL CANNABIS AND ENSURE THAT THE PATIENT RECEIVES THE MEDICAL CANNABIS WITHOUT BEING REQUIRED TO OBTAIN A WORK PERMIT OR BE LICENSED AS A PRACTITIONER UNDER THE ACT; TO AMEND SECTION 41-137-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A PROSPECTIVE DESIGNATED CAREGIVER HAS ALREADY COMPLETED A BACKGROUND CHECK AS A CONDITION OF ANY OTHER PROVISION OF THE ACT, THE CAREGIVER SHALL NOT HAVE TO COMPLETE AN ADDITIONAL BACKGROUND CHECK; TO AMEND SECTION 41-137-25, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 41-137-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HEALTH TO CONTRACT WITH A PRIVATE LABORATORY FOR THE PURPOSE OF CONDUCTING COMPLIANCE TESTING OVERSIGHT OF MEDICAL CANNABIS TESTING FACILITIES LICENSED IN THE STATE; TO AUTHORIZE THE NATIONAL CENTER FOR CANNABIS RESEARCH AND EDUCATION AT THE UNIVERSITY OF MISSISSIPPI TO CONTRACT WITH, ENGAGE OR OTHERWISE PERFORM RESEARCH IN TANDEM WITH ANY MEDICAL CANNABIS ESTABLISHMENT; TO PROVIDE THAT EACH LICENSED CANNABIS PROCESSING FACILITY SHALL OBTAIN GMP CERTIFICATION BY JULY 1, 2027, AND SHALL PRESENT PROOF OF SUCH CERTIFICATION TO THE MDOH BY SUCH DATE; TO PROVIDE THAT FROM AND AFTER JULY 1, 2024, UNTIL JULY 1, 2025, THE MDOH SHALL NOT ISSUE ANY NEW LICENSES FOR CANNABIS CULTIVATION FACILITIES OR CANNABIS PROCESSING FACILITIES; PROVIDED, HOWEVER, ANY APPLICANT THAT HAS FILED AN APPLICATION WITH MDOH BUT HAS NOT RECEIVED A LICENSE BY JULY 1, 2024, MAY RECEIVE A LICENSE IF MDOH DEEMS THE APPLICATION COMPLETED BY JULY 1, 2024; TO REQUIRE MDOR AND MDOH TO INCLUDE CERTAIN QUESTIONS ON ANY APPLICATION FOR A LICENSE UNDER THE ACT; TO AMEND SECTION 41-137-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JULY 1, 2024, UNTIL JULY 1, 2025, A LICENSING AGENCY SHALL NOT ISSUE A WAIVER FROM THE DISTANCE REQUIREMENT FOR CANNABIS ESTABLISHMENTS FROM CHURCHES, SCHOOLS OR CHILD CARE FACILITIES; TO AMEND SECTION 41-137-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MEDICAL CANNABIS ESTABLISHMENTS TO EMPLOY INDIVIDUALS ABOVE THE AGE OF 18; TO REVISE THE ALLOWABLE AMOUNT OF MEDICAL CANNABIS AND ALLOWABLE AMOUNT OF TOTAL THC; TO REQUIRE THAT A CERTIFICATE OF ANALYSIS FOR EACH MEDICAL CANNABIS PRODUCT BE MADE AVAILABLE TO A PATIENT IF REQUESTED; TO REVISE CERTAIN AGE LIMITATIONS RELATED TO THE ACT; TO PROVIDE THAT MDOH AND MDOR SHALL REQUIRE ANY INDIVIDUAL WITH A WORK PERMIT TO COMPLETE EDUCATIONAL TRAINING WITHIN 90 DAYS OF BEING ISSUED A WORK PERMIT; TO REQUIRE MDOH AND MDOR TO PROMULGATE AN APPROVED "RESPONSIBLE VENDOR" LIST OF ALL APPROVED EDUCATIONAL TRAINING VENDORS; TO REQUIRE INDIVIDUALS WITH WORK PERMITS TO COMPLETE CONTINUING EDUCATION AS A CONDITION OF MAINTAINING THEIR WORK PERMIT; TO AMEND SECTION 41-137-41, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN ADVERTISING STANDARDS, INCLUDING THE MEDIA FORMATS THAT MEDICAL CANNABIS ESTABLISHMENTS MAY BE ALLOWED TO ADVERTISE ON; TO REQUIRE MDOH AND MDOR TO ADOPT STANDARDS AND PROTOCOL DEVELOPMENT FOR THE SAFE DELIVERY OF MEDICAL CANNABIS BY CANNABIS TRANSPORTATION ENTITIES FROM A MEDICAL CANNABIS DISPENSARY TO REGISTERED QUALIFYING PATIENTS WHO ARE HOMEBOUND OR WHO ARE OTHERWISE IN THE CARE OF ANY NURSING FACILITY, HOSPITAL, HOSPICE AND ASSISTED LIVING; TO REQUIRE MDOR TO ADOPT PROCEDURES TO ALLOW MEDICAL CANNABIS DISPENSARIES TO PROCESS AND ACCEPT ORDERS FOR DELIVERY OR IN-STORE PICK-UP FOR MEDICAL CANNABIS PLACED THROUGH A WEBSITE, APPLICATION OR OTHER INTERNET-BASED ORDERING SYSTEM; TO AMEND SECTION 41-137-63, MISSISSIPPI CODE OF 1972, TO INCLUDE ADDITIONAL MEMBERS TO THE MEDICAL CANNABIS ADVISORY COMMITTEE; TO CREATE NEW SECTION 41-137-68, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MDOH SHALL ENGAGE WITH ITS RESPECTIVE COUNTERPARTS IN OTHER STATES WHO HAVE MEDICAL CANNABIS PROGRAMS TO EVALUATE THE FEASIBILITY OF CREATING AN INTERSTATE MONITORING SYSTEM TO ENFORCE THE PROVISIONS OF THIS CHAPTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-137-3, Mississippi Code of 1972, is amended as follows:
41-137-3. For purposes of this chapter, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:
(a) "Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant Cannabis family Cannabaceae. Such term shall not include:
(i) A naturally occurring chemical substance that is separated from the plant Cannabis family Cannabaceae by a chemical or mechanical extraction process;
(ii) Cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst; or
(iii) Any other chemical substance identified by MDOH.
(b) "Allowable amount
of medical cannabis" means an amount not to exceed the maximum amount of * * *
medical cannabis units.
(c) "Bona fide practitioner-patient relationship" means:
(i) A practitioner and patient have a treatment or consulting relationship, during the course of which the practitioner, within his or her scope of practice, has completed an in-person assessment of the patient's medical history and current mental health and medical condition and has documented their certification in the patient's medical file;
(ii) The practitioner has consulted in person with the patient with respect to the patient's debilitating medical condition; and
(iii) The practitioner is available to or offers to provide follow-up care and treatment to the patient.
(d) "Cannabis" means all parts of the plant of the genus cannabis, the flower, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including whole plant extracts. Such term shall not mean cannabis-derived drug products approved by the federal Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act.
(e) "Cannabis cultivation facility" means a business entity licensed and registered by the Mississippi Department of Health that acquires, grows, cultivates and harvests medical cannabis in an indoor, enclosed, locked and secure area.
(f) "Cannabis disposal entity" means a business licensed and registered by the Mississippi Department of Health that is involved in the commercial disposal or destruction of medical cannabis.
(g) "Cannabis processing facility" means a business entity that is licensed and registered by the Mississippi Department of Health that:
(i) Acquires or intends to acquire cannabis from a cannabis cultivation facility;
(ii) Possesses cannabis with the intent to manufacture a cannabis product;
(iii) Manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and
(iv) Sells or intends to sell a cannabis product to a medical cannabis dispensary, cannabis testing facility or cannabis research facility.
(h) "Cannabis products" means cannabis flower, concentrated cannabis, cannabis extracts and products that are infused with cannabis or an extract thereof and are intended for use or consumption by humans. The term includes, without limitation, edible cannabis products, beverages, topical products, ointments, oils, tinctures and suppositories that contain tetrahydrocannabinol (THC) and/or cannabidiol (CBD) except those products excluded from control under Sections 41-29-113 and 41-29-136.
(i) "Cannabis research facility" or "research facility" means a research facility at any university or college in this state or an independent entity licensed and registered by the Mississippi Department of Health pursuant to this chapter that acquires cannabis from cannabis cultivation facilities and cannabis processing facilities in order to research cannabis, develop best practices for specific medical conditions, develop medicines and provide commercial access for medical use.
(j) "Cannabis testing facility" or "testing facility" means an independent entity licensed and registered by the Mississippi Department of Health that analyzes the safety and potency of cannabis.
(k) "Cannabis transportation entity" means an independent entity licensed and registered by the Mississippi Department of Health that is involved in the commercial transportation of medical cannabis.
(l) "Cannabis waste" means plant debris of the plant of the genus cannabis, including dead plants and all unused plant parts. This term shall not include seeds, roots, stems and stalks.
(m) "Cannabinoid" means any of the chemical compounds that are the active constituents derived from THC.
(n) "Canopy" means the total surface area within a cultivation area that is dedicated to the cultivation of flowering cannabis plants. The surface area of the plant canopy must be calculated in square feet and measured and must include all of the area within the boundaries where the cultivation of the flowering cannabis plants occurs. If the surface area of the plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area the surface area of each tier or shelf must be included in calculating the area of the plant canopy. Calculation of the area of the plant canopy may not include the areas within the cultivation area that are used to cultivate immature cannabis plants and seedlings, prior to flowering, and that are not used at any time to cultivate mature cannabis plants.
(o) "Cardholder" means a registered qualifying patient or a registered designated caregiver who has been issued and possesses a valid registry identification card.
(p) "Chronic pain" means a pain state in which the cause of the pain cannot be removed or otherwise treated, and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts by a practitioner.
(q) "Concentrate" means a substance obtained by separating cannabinoids from cannabis by:
(i) A mechanical extraction process;
(ii) A * * * water-based extraction process * * *; or
(iii) A * * * solvent-based extraction process
using * * * solvents such as:
1. Vegetable glycerin;
2. Vegetable oils;
3. Animal fats;
4. Food-grade ethanol;
5. Carbon dioxide; or
6. Hydrocarbon-based solvents, such as butane and propane.
(r) "Debilitating medical condition" means:
(i) Cancer, Parkinson's disease, Huntington's disease, muscular dystrophy, glaucoma, spastic quadriplegia, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis, amyotrophic lateral sclerosis (ALS), Crohn's disease, ulcerative colitis, sickle-cell anemia, Alzheimer's disease, agitation of dementia, post-traumatic stress disorder (PTSD), autism, pain refractory to appropriate opioid management, diabetic/peripheral neuropathy, spinal cord disease or severe injury, or the treatment of these conditions, or any other medical condition as certified by a practitioner;
(ii) A chronic, terminal or debilitating disease or medical condition, or its treatment, that produces one or more of the following: cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, or severe and persistent muscle spasms, including, but not limited to, those characteristic of multiple sclerosis; or
(iii) Any other serious medical condition or its treatment added by the Mississippi Department of Health, as provided for in Section 41-137-17.
(s) "Designated caregiver" means a person who:
(i) Has agreed to assist with a registered qualifying patient's medical use of medical cannabis;
(ii) Assists no more than five (5) registered qualifying patients with their medical use of medical cannabis, unless the designated caregiver's registered qualifying patients each reside in or are admitted to a health care facility or facility providing residential care services or day care services where the designated caregiver is employed;
(iii) Is at least twenty-one (21) years of age unless the person is the parent or legal guardian of each qualifying patient the person assists; and
(iv) Has not been convicted of a disqualifying felony offense.
(t) "Disqualifying felony offense" means:
(i) A conviction for a crime of violence, as defined in Section 97-3-2;
(ii) A conviction for a crime that was defined as a violent crime in the law of the jurisdiction in which the offense was committed, and that was classified as a felony in the jurisdiction where the person was convicted; or
(iii) A conviction for a violation of a state or federal controlled substances law that was classified as a felony in the jurisdiction where the person was convicted, including the service of any term of probation, incarceration or supervised release within the previous five (5) years and the offender has not committed another similar offense since the conviction. Under this subparagraph (iii), a disqualifying felony offense shall not include a conviction that consisted of conduct for which this chapter would likely have prevented the conviction but for the fact that the conduct occurred before February 2, 2022.
(u) "Edible cannabis products" means products that:
(i) Contain or are infused with cannabis or an extract thereof;
(ii) Are intended for human consumption by oral ingestion; and
(iii) Are presented in the form of foodstuffs, beverages, extracts, oils, tinctures, lozenges and other similar products.
(v) "Entity" means a corporation, general partnership, limited partnership or limited liability company that has been registered with the Secretary of State as applicable.
(w) " * * *Unit" means * * * one
(1) unit of medical cannabis. One (1) unit * * * shall be considered equal * * * to one (1) gram of THC in any medical cannabis
product.
* * *
(x) "MDOH" means the Mississippi Department of Health.
(y) "MDOR" means the Mississippi Department of Revenue.
(z) "Medical cannabis" means cannabis, cannabis products and edible cannabis that are intended to be used by registered qualifying patients as provided in this chapter.
(aa) "Medical cannabis dispensary" or "dispensary" means an entity licensed and registered with the MDOR that acquires, possesses, stores, transfers, sells, supplies or dispenses medical cannabis, equipment used for medical cannabis, or related supplies and educational materials to cardholders.
(bb) "Medical cannabis establishment" means a cannabis cultivation facility, cannabis processing facility, cannabis testing facility, cannabis dispensary, cannabis transportation entity, cannabis disposal entity or cannabis research facility licensed and registered by the appropriate agency.
(cc) "Medical cannabis establishment agent" means an owner, officer, board member, employee, volunteer or agent of a medical cannabis establishment.
(dd) "Medical use" includes the acquisition, administration, cultivation, processing, delivery, harvest, possession, preparation, transfer, transportation, or use of medical cannabis or equipment relating to the administration of medical cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. The term "medical use" does not include:
(i) The cultivation of cannabis unless the cultivation is done by a cannabis cultivation facility; or
(ii) The extraction of resin from cannabis by mechanical or chemical extraction unless the extraction is done by a cannabis processing facility.
(ee) "Nonresident cardholder" means a person who:
(i) Has been diagnosed with a debilitating medical condition by a practitioner in his or her respective state or territory, or is the parent, guardian, conservator or other person with authority to consent to the medical use of medical cannabis by a person who has been diagnosed with a debilitating medical condition;
(ii) Is not a resident of Mississippi or who has been a resident of Mississippi for less than forty-five (45) days; and
(iii) Has submitted any documentation required by MDOH rules and regulations and has received confirmation of registration.
(ff) "Practitioner" means a physician, certified nurse practitioner, physician assistant or optometrist who is licensed to prescribe medicine under the licensing requirements of their respective occupational boards and the laws of this state. In relation to a nonresident cardholder, the term means a physician, certified nurse practitioner, physician assistant or optometrist who is licensed to prescribe medicine under the licensing requirements of their respective occupational boards and under the laws of the state or territory in which the nonresident patient resides. For registered qualifying patients who are minors, "practitioner" shall mean a physician or doctor of osteopathic medicine who is licensed to prescribe medicine under the licensing requirements of their respective occupational boards and the laws of this state.
(gg) "Public place" means a church or any area to which the general public is invited or in which the general public is permitted, regardless of the ownership of the area, and any area owned or controlled by a municipality, county, state or federal government, including, but not limited to, streets, sidewalks or other forms of public transportation. Such term shall not mean a private residential dwelling.
(hh) "Qualifying patient" means a person who has been diagnosed by a practitioner as having a debilitating medical condition and has been issued a written certification.
(ii) "Registry identification card" means a document issued by the MDOH that identifies a person as a registered qualifying patient, nonresident registered qualifying patient or registered designated caregiver.
(jj) "School" means an institution for the teaching of children, consisting of a physical location, whether owned or leased, including instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, public, private, church and parochial programs for kindergarten, elementary, junior high and high schools. Such term shall not mean a home instruction program.
(kk) "Scope of practice" means the defined parameters of various duties, services or activities that may be provided or performed by a certified nurse practitioner as authorized under Sections 73-15-5 and 73-15-20, by an optometrist as authorized under Section 73-19-1, by a physician as authorized under Section 73-25-33, or by a physician assistant under Section 73-26-5, and rules and regulations adopted by the respective licensing boards for those practitioners.
(ll) "THC" or "Tetrahydrocannabinol" means any and all forms of tetrahydrocannabinol that are contained naturally in the cannabis plant, as well as synthesized forms of THC and derived variations, derivatives, isomers and allotropes that have similar molecular and physiological characteristics of tetrahydrocannabinol, including, but not limited to, THCA, THC Delta 9, THC Delta 8, THC Delta 10 and THC Delta 6.
(mm) "Written certification" means a form approved by the MDOH, signed and dated by a practitioner, certifying that a person has a debilitating medical condition. A written certification shall include the following:
(i) The date of issue and the effective date of the recommendation;
(ii) The patient's name, date of birth and address;
(iii) The practitioner's name, address, and federal Drug Enforcement Agency number; and
(iv) The practitioner's signature.
(nn) "Homebound" means having a condition that restricts the ability to leave one's place of residence except with the aid of supportive devices, the use of specialized transportation, or the assistance of another person or that medically contraindicates departure from the home.
(oo) "Telemedicine" means the delivery of health care services such as diagnosis, consultation or treatment through the use of HIPAA-compliant telecommunication systems, including information, electronic and communication technologies, remote patient monitoring services and store-and-forward telemedicine services. Telemedicine, other than remote patient monitoring services and store-and-forward telemedicine services, must be "real-time" audio visual capable.
SECTION 2. Section 41-137-5, Mississippi Code of 1972, is amended as follows:
41-137-5. (1) No person shall be authorized to use medical cannabis in this state unless the person (a) has been diagnosed by a practitioner, with whom the person has a bona fide practitioner-patient relationship within his or her scope of practice, as having a debilitating medical condition for which the practitioner believes, in his or her professional opinion, that the person would likely receive medical or palliative benefit from the medical use of medical cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition, (b) has received a written certification of that diagnosis from the practitioner, and (c) has been issued a registry identification card from the MDOH under Section 41-137-23. A person who has been diagnosed by a practitioner as specified in paragraph (a) of this subsection shall be a qualifying patient, and the practitioner who has diagnosed the patient shall document that diagnosis with a written certification. However, nothing herein shall require a practitioner to issue a written certification.
(2) A written certification shall:
(a) Affirm that it is made in the course of a bona fide practitioner-patient relationship;
(b) Remain current for twelve (12) months, unless the practitioner specifies a shorter period of time;
(c) Be issued only after an in-person assessment of the patient by a practitioner; provided, however, that patients who are homebound may be assessed through a telemedicine appointment;
(d) Only be issued on behalf of a minor when the minor's parent or guardian is present and provides signed consent; and
(e) Be limited to the allowable amount of cannabis in a thirty-day period..
(3) No state agency, department, political subdivision or board shall require a practitioner to require a patient to submit to a drug test as a condition to receiving a certification for a registry identification card. However, a practitioner may require a drug test from a patient that is within his or her scope of practice.
(4) After a practitioner has issued a written certification to a qualifying patient, a practitioner may assist the patient in registering for a registry identification card with the Department of Health, in a manner provided by regulations of the Department of Health.
(5) After a qualifying patient
receives a written certification from a practitioner, the patient shall be required
to make a follow-up visit with the practitioner not * * * later than six (6) months after the
date of issuance of the certification for the practitioner to evaluate and determine
the effectiveness of the patient's medical use of medical cannabis to treat or alleviate
the patient's debilitating medical condition or symptoms associated with the patient's
debilitating medical condition.
Such follow-up visits may be performed via telemedicine at the discretion of the practitioner. Qualifying patients may make a follow-up visit with a different practitioner than the practitioner who originally issued their written certification, provided that such practitioner is otherwise registered and acting within their scope of practice and the provisions of this chapter.
(6) Before dispensing medical cannabis to a cardholder, the dispensary from which the cardholder is obtaining medical cannabis shall verify the identity of the cardholder and the authority of the cardholder to use medical cannabis as provided in Section 41-137-39 and shall determine the maximum amount of medical cannabis that a cardholder is eligible to receive and the amount of medical cannabis that the cardholder has received from all dispensaries during a specified period of time using the statewide seed-to-sale tracking system under Section 41-137-11.
(7) (a) A practitioner shall be registered to issue written certifications to qualifying patients by completing the required application process as set forth by the MDOH. The MDOH shall require a practitioner to complete a minimum of eight (8) hours of continuing education in medical cannabis in order to issue written certifications. After the first year of registration, these practitioners shall complete five (5) hours of continuing education in medical cannabis annually to maintain this registration.
(b) A practitioner shall not be required to have any additional qualifications to be authorized to certify a qualifying patient for a registry identification card, other than such requirements for practitioners as provided under the Mississippi Medical Cannabis Act.
(c) A practitioner shall not be required to be registered to certify patients with any state agency or board other than the MDOH.
(8) Only physicians and doctors of osteopathic medicine may issue written certifications to registered qualifying patients who are minors.
(9) The requirements of this section shall not apply to a person who is authorized to purchase topical cannabis provided under Section 41-137-39(22), and such persons may possess and use such products without being in violation of this chapter.
SECTION 3. Section 41-137-9, Mississippi Code of 1972, is amended as follows:
41-137-9. (1) There is a presumption that a registered qualifying patient or a nonresident cardholder, as applicable, is engaged in the medical use of medical cannabis under this chapter if the person is in possession of a registry identification card and an amount of medical cannabis that does not exceed the allowable amount of medical cannabis. There is a presumption that a registered designated caregiver is assisting in the medical use of medical cannabis under this chapter if the person is in possession of a registry identification card and an amount of medical cannabis that does not exceed the allowable amount of medical cannabis. These presumptions may be rebutted by evidence that conduct related to medical cannabis was not for the purpose of treating or alleviating a registered qualifying patient's debilitating medical condition or symptoms associated with the registered qualifying patient's debilitating medical condition under this chapter.
(2) Subject to the conditions, limitations, requirements and exceptions set forth in this chapter, the following activities related to medical cannabis shall be considered lawful:
(a) The purchase, transportation or possession of up to the allowable amount or medical use of medical cannabis;
(b) Financial reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of medical cannabis;
(c) Compensating a dispensary for goods or services provided;
(d) The provision, by a professional or occupational licensee, of advice or services related to medical cannabis activities allowed under this chapter, to the extent such advice or services meet or exceed the applicable professional or occupational standard of care;
(e) Providing or selling equipment used to ingest medical cannabis to a cardholder, nonresident cardholder or to a medical cannabis establishment;
(f) Acting as a designated caregiver to assist a registered qualifying patient with the act of using or administering medical cannabis;
(g) Activities by a medical cannabis establishment or a medical cannabis establishment agent that are allowed by its license and registration;
(h) Activities by a dispensary or a dispensary agent to possess, store or sell medical cannabis products, educational materials and products used to ingest medical cannabis to cardholders, nonresident cardholders and other dispensaries, or to purchase or otherwise acquire medical cannabis products from cannabis cultivation facilities, cannabis processing facilities, cannabis research facilities or other dispensaries;
(i) Activities by a cannabis cultivation facility, cannabis processing facility or agents of these facilities to:
(i) Possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack or store medical cannabis;
(ii) Purchase or otherwise acquire medical cannabis and cannabis products from medical cannabis establishments; or
(iii) Sell, supply or transfer medical cannabis products, equipment used to ingest medical cannabis, and related supplies and educational materials to other cannabis cultivation facilities, cannabis processing facilities or dispensaries.
(j) Activities by a cannabis research facility, a cannabis testing facility or agents of these facilities to:
(i) Purchase or otherwise acquire medical cannabis from medical cannabis establishments;
(ii) Possess, produce, process, compound, convert, prepare, pack, test, repack and store medical cannabis and cannabis products obtained from medical cannabis establishments; or
(iii) Sell, supply or transfer medical cannabis, educational materials and equipment used to ingest medical cannabis to cannabis cultivation facilities, cannabis processing facilities, cannabis testing facilities and cannabis research facilities.
(k) Activities by a cannabis transportation entity or a cannabis disposal entity to transport, supply, deliver, dispose of or destroy cannabis, as applicable.
(3) Any medical cannabis, cannabis product, equipment used to ingest medical cannabis, or other interest in or right to property that is possessed, owned or used in connection with the medical use of medical cannabis as authorized by this chapter, or acts incidental to such use, shall not be seized or forfeited. This chapter shall not prevent the seizure or forfeiture of medical cannabis exceeding the allowable amounts of medical cannabis, nor shall it prevent seizure or forfeiture if the basis for the action is unrelated to the medical cannabis that is possessed, processed, transferred or used pursuant to this chapter.
(4) Possession of, or application for, a registry identification card shall not:
(a) Constitute probable cause or reasonable suspicion;
(b) Be used to support a search of the person or property of the person possessing or applying for the registry identification card; or
(c) Subject the person or property of the person to inspection by any governmental agency.
(5) It is the public policy of the State of Mississippi that contracts related to medical cannabis that are entered into by cardholders, medical cannabis establishments, medical cannabis establishment agents and those who allow property to be used by those persons, should be enforceable to the extent that those activities comply with the other provisions of this chapter. It is the public policy of the State of Mississippi that no contract entered into by a cardholder, a medical cannabis establishment, or a medical cannabis establishment agent, or by a person who allows property to be used for activities that are authorized under this chapter, shall be unenforceable on the basis that activities related to cannabis are prohibited by federal law.
(6) An applicant for a professional or occupational license shall not be denied a license based on previous employment related to medical cannabis activities that are allowed under this chapter.
SECTION 4. Section 41-137-21, Mississippi Code of 1972, is amended as follows:
41-137-21. (1) Any nursing facility, hospital, hospice, assisted living facility, personal care home, adult day care facility, or adult foster care facility may adopt reasonable restrictions on the use of medical cannabis by registered qualifying patients who are receiving health care services, residential care services, or day care services from the facility, including:
(a) That the facility will not store or maintain the patient's supply of medical cannabis;
(b) That the facility, caregivers, or hospice agencies serving the facility's residents are not responsible for providing the medical cannabis for registered qualifying patients; and
(c) That medical cannabis be consumed only in a place specified by the facility.
(2) Nothing in this section requires a facility listed in subsection (1) of this section to adopt restrictions on the medical use of medical cannabis.
(3) A facility listed in subsection (1) of this section may not unreasonably limit a registered qualifying patient's access to or medical use of medical cannabis authorized under this chapter, unless failing to do so would cause the facility to lose a monetary or licensing-related benefit under federal law or regulations.
(4) A licensed medical cannabis transportation entity may deliver medical cannabis directly from a dispensary to a facility listed in subsection (1) of this section if a registered qualifying patient is otherwise unable to obtain medical cannabis. An employee of any such facility may receive the medical cannabis on behalf of the patient and shall ensure the patient receives the medical cannabis. Any such employee may facilitate this receipt of medical cannabis under this subsection without being required to obtain a work permit or otherwise be certified as a practitioner under this chapter.
SECTION 5. Section 41-137-23, Mississippi Code of 1972, is amended as follows:
41-137-23. (1) No later than one hundred twenty (120) days after February 2, 2022, the MDOH shall begin issuing registry identification cards to qualifying patients who submit the following:
(a) A written certification issued by a practitioner within six (6) months immediately preceding the date of the application;
(b) The application or renewal fee;
(c) The name, address, social security number, and date of birth of the qualifying patient;
(d) The name, address, and telephone number of the qualifying patient's practitioner issuing the written certification;
(e) The name, address, social security number, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient; and
(f) If more than one (1) designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers is needed due to the patient's age or medical condition.
(2) If the qualifying patient is unable to submit the information required by subsection (1) of this section due to the person's age or medical condition, the person responsible for making medical decisions for the qualifying patient may do so on behalf of the qualifying patient.
(3) Except as provided in subsection (5) of this section, the MDOH shall:
(a) Verify the information contained in an application or renewal submitted under this section and approve or deny an application or renewal within ten (10) days of receiving a completed application or renewal application; and
(b) Issue registry identification cards to a qualifying patient and his or her designated caregiver(s), if any, within five (5) days of approving the application or renewal. A designated caregiver must have a registry identification card for each of his or her qualifying patients.
(4) (a) The MDOH shall require criminal background checks in order to carry out this section.
(b) The MDOH shall require that the prospective designated caregiver or caregiver's applicant apply for or authorize the division to obtain state and national criminal background checks to be conducted by the Mississippi Justice Information Center of the Department of Public Safety and the Federal Bureau of Investigation; provided, however, that if the prospective designated caregiver has already completed a background check as a condition of any other provision of this chapter, the caregiver shall not have to complete an additional background check.
(c) Such criminal background checks shall conform to the applicable federal standards, and shall include the taking of fingerprints.
(d) The applicant shall authorize the release of such criminal background checks to the MDOH, and shall be responsible for the payment of any fee associated with the criminal background checks.
(e) Upon completion of such criminal background checks, the Mississippi Justice Information Center of the Department of Public Safety shall forward to the MDOH all information obtained concerning the applicant.
(5) The MDOH shall not issue a registry identification card to a qualifying patient who is younger than eighteen (18) years of age, unless:
(a) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of medical cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and
(b) The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:
(i) Acknowledge the potential harms related to the use of medical cannabis;
(ii) Allow the qualifying patient's medical use of medical cannabis;
(iii) Serve as the qualifying patient's designated caregiver; and
(iv) Control the acquisition of the medical cannabis, the dosage and the frequency of the use of medical cannabis by the qualifying patient.
(6) If a designated caregiver is an entity licensed to provide health care services, residential care services or day care services, then:
(a) The MDOH may provide a single registry identification card to the entity, regardless of the number of registered qualifying patients the entity serves; and
(b) The MDOH may issue individual registry identification cards for employees of the entity that may transport medical cannabis.
(7) The MDOH shall provide an electronic or physical list of registered qualifying patients who have designated the entity as their caregiver. This list shall be updated with each additional designation.
(8) The MDOH may deny an application or renewal of a qualifying patient's registry identification card only if the applicant:
(a) Did not provide the required information or materials;
(b) Previously had a registry identification card revoked;
(c) Provided false information; or
(d) Failed to meet the other requirements of this chapter.
(9) The MDOH may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if the applicant:
(a) Does not meet the definition of "designated caregiver" under Section 41-137-3;
(b) Did not provide the information required;
(c) Previously had a registry identification card revoked;
(d) Provided false information;
(e) Is younger than twenty-one (21) years of age and is not the parent or legal guardian of the qualifying patient who the designated caregiver would assist; or
(f) Failed to meet the other requirements of this chapter.
(10) The MDOH shall give written notice to the qualifying patient of the reason for denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver.
SECTION 6. Section 41-137-25, Mississippi Code of 1972, is amended as follows:
41-137-25. (1) Registry identification cards must contain all of the following:
(a) The name of the cardholder;
(b) A designation of whether the cardholder is a qualifying patient, a designated caregiver or a nonresident;
(c) The date of issuance and expiration date of the registry identification card;
(d) A random ten-digit alphanumeric identification number, containing at least four (4) numbers and at least four (4) letters, that is unique to the cardholder;
(e) If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist;
(f) A photograph of the cardholder;
(g) The toll-free phone number or internet address where the card can be verified;
(h) A notice of the potential harm caused by medical cannabis; and
(i) A notice of the * * * medical cannabis units daily, monthly
and possession limit.
(2) The expiration date shall be visible on the registry identification card. Except as provided in subsection (3) or subsection (4) of this section, the expiration date for registry identification cards for residents shall be one (1) year after the date of issuance. The expiration date for registry identification cards for nonresidents shall be fifteen (15) days after the date of issuance, except as provided in subsection (4) of this section.
(3) If the practitioner stated in the written certification that the qualifying patient would benefit from the medical use of medical cannabis until a specified earlier date, then the registry identification card shall expire on that date, except as provided in subsection (4) of this section.
(4) (a) The expiration date for registry identification cards for residents that are issued not later than one hundred fifty (150) days after February 2, 2022, shall be one (1) year after the initial one-hundred-fifty-day period.
(b) If the practitioner specified an earlier date for the expiration of the registry identification card as provided under subsection (3) of this section, then the registry identification card shall be valid for the period specified by the practitioner, which shall begin after the initial one-hundred-fifty-day period.
(c) The expiration date for registry identification cards for nonresidents that are issued not later than one hundred fifty (150) days after February 2, 2020, shall be fifteen (15) days after the initial one-hundred-fifty-day period.
SECTION 7. Section 41-137-35, Mississippi Code of 1972, is amended as follows:
41-137-35. (1) The MDOH shall issue licenses for cannabis cultivation facilities, cannabis processing facilities, cannabis transportation entities, cannabis disposal entities, cannabis research facilities and cannabis testing facilities. The MDOR shall issue licenses for medical cannabis dispensaries.
(2) The cannabis cultivation facility license application fee shall be subject to the following tiers:
(a) Micro-cultivators.
(i) Tier 1. A cannabis cultivation facility with a canopy of one thousand (1,000) square feet or less shall be subject to a one-time nonrefundable license application fee of One Thousand Five Hundred Dollars ($1,500.00). The annual license fee shall be a nonrefundable fee of Two Thousand Dollars ($2,000.00).
(ii) Tier 2. A cannabis cultivation facility with a canopy of more than one thousand (1,000) square feet but not more than two thousand (2,000) square feet shall be subject to a one-time nonrefundable license application fee of Two Thousand Five Hundred Dollars ($2,500.00). The annual license fee shall be a nonrefundable fee of Three Thousand Five Hundred Dollars ($3,500.00).
(b) Cultivators.
(i) Tier 1. A cannabis cultivation facility with a canopy of not less than two thousand (2,000) square feet but not more than five thousand (5,000) square feet shall be subject to a one-time nonrefundable license application fee of Five Thousand Dollars ($5,000.00). The annual license fee shall be a nonrefundable fee of Fifteen Thousand Dollars ($15,000.00).
(ii) Tier 2. A cannabis cultivation facility with a canopy of not less than five thousand (5,000) square feet but not more than fifteen thousand (15,000) square feet shall be subject to a one-time nonrefundable license application fee of Ten Thousand Dollars ($10,000.00). The annual license fee shall be a nonrefundable fee of Twenty-five Thousand Dollars ($25,000.00).
(iii) Tier 3. A cannabis cultivation facility with a canopy of not less than fifteen thousand (15,000) square feet but not more than thirty thousand (30,000) square feet shall be subject to a one-time nonrefundable license application fee of Twenty Thousand Dollars ($20,000.00). The annual license fee shall be a nonrefundable fee of Fifty Thousand Dollars ($50,000.00).
(iv) Tier 4. A cannabis cultivation facility with a canopy of not less than thirty thousand (30,000) square feet but not more than sixty thousand (60,000) square feet shall be subject to a one-time nonrefundable license application fee of Thirty Thousand Dollars ($30,000.00). The annual license fee shall be a nonrefundable fee of Seventy-five Thousand Dollars ($75,000.00).
(v) Tier 5. A cannabis cultivation facility with a canopy of not less than sixty thousand (60,000) square feet but not more than one hundred thousand (100,000) square feet shall be subject to a one-time nonrefundable license application fee of Forty Thousand Dollars ($40,000.00). The annual license fee shall be a nonrefundable fee of One Hundred Thousand Dollars ($100,000.00).
(vi) Tier 6. A cannabis cultivation facility with a canopy of not less than one hundred thousand (100,000) square feet but not more than one hundred fifty thousand (150,000) square feet shall be subject to a one-time nonrefundable license application fee of Sixty Thousand Dollars ($60,000.00). The annual license fee shall be a nonrefundable fee of One Hundred Fifty Thousand Dollars ($150,000.00). Tier 6 cannabis cultivation facilities shall have not more than two (2) locations; however, the total canopy space of both locations combined may not exceed one hundred fifty thousand (150,000) square feet.
(3) The cannabis processing facility license application fee shall be subject to the following tiers:
(a) Micro-processors.
(i) Tier 1. A cannabis processing facility which processes less than two thousand (2,000) pounds of dried biomass cannabis material annually shall be subject to a one-time nonrefundable license application fee of Two Thousand Dollars ($2,000.00). The annual license fee shall be a nonrefundable fee of Three Thousand Five Hundred Dollars ($3,500.00).
(ii) Tier 2. A cannabis processing facility which processes not less than two thousand (2,000) pounds but less than three thousand (3,000) pounds of dried biomass cannabis material annually shall be subject to a one-time nonrefundable license application fee of Two Thousand Five Hundred Dollars ($2,500.00). The annual license fee shall be a nonrefundable fee of Five Thousand Dollars ($5,000.00).
(b) Processors. A cannabis processing facility which processes not less than three thousand (3,000) pounds of biomass cannabis material annually shall be subject to a one-time nonrefundable license application fee of Fifteen Thousand Dollars ($15,000.00). The annual license fee shall be a nonrefundable fee of Twenty Thousand Dollars ($20,000.00).
(4) A medical cannabis dispensary shall be subject to a one-time nonrefundable license application fee of Fifteen Thousand Dollars ($15,000.00). The annual license fee shall be a nonrefundable fee of Twenty-five Thousand Dollars ($25,000.00).
(5) Cannabis transportation entities shall be subject to a one-time nonrefundable application fee of Five Thousand Dollars ($5,000.00). The annual license fee shall be a nonrefundable fee of Seven Thousand Five Hundred Dollars ($7,500.00).
(6) Cannabis disposal entities shall be subject to a one-time nonrefundable application fee of Five Thousand Dollars ($5,000.00). The annual license fee shall be a nonrefundable fee of Seven Thousand Five Hundred Dollars ($7,500.00).
(7) Cannabis testing facilities
shall be subject to a one-time nonrefundable application fee of Ten Thousand Dollars
($10,000.00) and an annual license fee of Fifteen Thousand Dollars ($15,000.00).
An individual or business entity that has a direct or indirect ownership or economic
interest in a licensed cannabis testing facility may also have a direct or indirect
ownership or economic interest in a licensed medical cannabis transportation entity.
A cannabis testing facility may enter into an agreement for the transportation of
medical cannabis by a licensed medical cannabis transportation entity. MDOH * * * shall
contract with a private laboratory for the purpose of conducting
compliance testing oversight of medical cannabis testing facilities licensed in
the state. Any such laboratory under contract for compliance testing oversight
shall be prohibited from conducting any other commercial medical cannabis testing
in this state. The National Center for Cannabis
Research and Education at the University of Mississippi may contract with, engage
or otherwise perform research in tandem with any medical cannabis establishment.
(8) Cannabis research facilities shall be subject to a one-time nonrefundable application fee of Ten Thousand Dollars ($10,000.00) and an annual license fee of Fifteen Thousand Dollars ($15,000.00). A research facility at any university or college in this state shall be exempt from all fees imposed under this section.
(9) No individual or business entity shall have a direct or indirect ownership or economic interest of greater than ten percent (10%) in:
(a) More than one (1) cannabis cultivation facility license;
(b) More than one (1) cannabis processing facility license; and
(c) More than five (5) medical cannabis dispensary licenses.
(10) Minimum qualifications for applicants for a cannabis cultivation facility, a cannabis processing facility, a medical cannabis dispensary, a medical cannabis transportation entity or a medical cannabis disposal entity license(s) are as follows:
(a) An individual applicant for a cannabis cultivation facility, cannabis processing facility, medical cannabis dispensary, medical cannabis transportation entity or medical cannabis disposal license shall be a natural person who:
(i) Is at least twenty-one (21) years of age;
(ii) Has not previously held a license for a cannabis cultivation facility, cannabis processing facility, medical cannabis dispensary, medical cannabis transportation entity or medical cannabis disposal entity that has been revoked;
(iii) Has not been convicted of a disqualifying felony offense;
(iv) If possessing a professional or occupational license, that the license is in good standing;
(v) Has submitted a
sworn statement indicating that he or she is a true and actual owner of the entity
for which the license is desired, and that he or she intends to carry on the business
authorized for himself or herself and the entity and not as the agent for any other
entity * * *;
(vi) Has no outstanding tax delinquencies owed to the State of Mississippi;
(vii) Is not serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022;
(viii) Is not the spouse of a person serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022; and
(b) If the applicant is applying on behalf of an entity, in addition to paragraph (a) of this subsection, the individual applicant shall:
(i) Be legally authorized to submit an application on behalf of the entity;
(ii) Serve as the primary point of contact with the MDOR and MDOH;
(iii) Submit sufficient proof that the entity has no owner, board member, officer, or anyone with an economic interest in the entity who:
1. Is under the age of twenty-one (21);
2. Has previously been an owner of a medical cannabis dispensary, cannabis cultivation facility, a cannabis processing facility, medical cannabis transportation entity or medical cannabis disposal entity that has had its license revoked;
3. Has been convicted of a disqualifying felony offense;
4. Owes delinquent taxes to the State of Mississippi;
5. Is serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022; and
6. Is the spouse of a person serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022; and
(iv) Submit sufficient proof that if an owner, board member, officer or anyone with an economic interest in the entity has or had a professional or occupational license, that the license is in good standing.
(11) [Repealed]
(12) A micro-cultivator or a micro-processor shall both meet the minimum qualifications in subsection (10) of this section and shall also submit sufficient proof of the following:
(a) If a natural person, proof that the person has been a resident of the State of Mississippi and a citizen of the United States of America for at least three (3) years prior to the application date; or
(b) If a business entity, provide proof that:
(i) It was registered as an entity with the Secretary of State in Mississippi; and
(ii) One-hundred percent (100%) of the equity ownership interests in the entity are held by individuals who have been residents of the State of Mississippi and citizens of the United States of America for at least three (3) consecutive years prior to the application date.
(13) For purposes of this section, it shall be sufficient to prove Mississippi residency for the individual(s) to submit two (2) of the following source documents:
(a) Mississippi Tax Return Form 80-105 or Form 80-205 for each of the three (3) years preceding the application without schedules, worksheets, or attachments, and redacted to remove all financial information and all but the last four (4) digits of the individual's social security number for the three (3) years preceding the application;
(b) Ownership, lease, or rental documents for place of primary domicile for the three (3) years preceding the application;
(c) Billing statements, including utility bills for the three (3) years preceding the application; or
(d) Vehicle registration for the three (3) years preceding the application.
(14) Ownership in a cannabis cultivation facility license, cannabis processing facility license or a medical cannabis dispensary license or investment in a business that supports or benefits from such a license shall not disqualify or otherwise negatively impact the license or finding of suitability of such owner who is otherwise engaged in any other form of business operation in the state, if such business requires the owner to hold a license or be found suitable under state law.
(15) Any business or state entity applying for registration as a medical cannabis establishment must meet all the requirements specified in this chapter.
(16) A prospective medical cannabis establishment shall submit all of the following:
(a) An application, including:
(i) The legal name of the prospective medical cannabis establishment;
(ii) The physical address of the prospective medical cannabis establishment, which shall not be within one thousand (1,000) feet of the nearest property boundary line of a school, church or child care facility which exists or has acquired necessary real property for the operation of such facility before the date of the medical cannabis establishment application unless the entity has received approval from the school, church or child care facility and received the applicable waiver from their licensing agency, provided that the main point of entry of the cannabis establishment is not located within five hundred (500) feet of the nearest property boundary line of any school, church or child care facility;
(iii) The name of each principal officer and board member of the proposed medical cannabis establishment; and
(iv) Any additional information requested by the MDOR and MDOH.
(b) Operating procedures consistent with rules and regulations for oversight of the proposed medical cannabis establishment, including procedures to ensure accurate record keeping and adequate security measures.
(c) If the municipality or county where the proposed medical cannabis establishment would be located has enacted zoning restrictions, a sworn statement certifying that the proposed medical cannabis establishment is in compliance with the restrictions.
(d) If the municipality or county where the proposed medical cannabis establishment would be located requires a local registration, license or permit, then proof of receiving such registration, license or permit.
(e) If the application is on behalf of an entity, verification that none of the principal officers or board members have served as a principal officer or board member for a medical cannabis establishment that has had its license revoked.
(f) If the application is on behalf of an entity, verification that none of the principal officers or board members is under twenty-one (21) years of age.
(17) If a dispensary license
is issued to an applicant that is still constructing the licensed premises, the
applicant must complete construction and fulfill all obligations required by the
Department of Revenue to open for business within eighteen (18) months, or the license
shall be * * * administratively dissolved.
(18) The MDOR and MDOH shall issue a renewal registration certificate within ten (10) days of receipt of the prescribed renewal application and renewal fee from a medical cannabis establishment if its license is not under suspension and has not been revoked.
(19) A licensing agency shall require disclosure only of persons, entities or affiliated entities who directly or indirectly own ten percent (10%) or more of a medical cannabis establishment issued a license by the licensing agency.
(20) Otherwise eligible applicants for licenses to operate as medical cannabis establishments under this chapter shall not be disqualified from receipt of a license based on:
(a) Their location on Mississippi Choctaw Indian Reservation Lands; or
(b) The involvement of the Mississippi Band of Choctaw Indians or any entity owned or operated by the Mississippi Band of Choctaw Indians as an owner or co-owner of such license, provided that such license shall be subject to revocation for material noncompliance with this chapter on the same basis as any other license.
(21) A cannabis processing facility that produces edible cannabis products shall hold a permit to operate as a food establishment and shall comply with all applicable requirements for food establishments as set by the MDOH.
(22) Any cannabis that contains less than three tenths percent (.3%) THC that was addressed by the 2018 Farm Bill, Public Law No. 115-334, shall be exempt from regulations applicable to medical cannabis establishments licensed under this chapter.
(24) From and after July 1, 2024, until July 1, 2025, the MDOH shall not issue any new licenses for cannabis cultivation facilities or cannabis processing facilities; provided, however, any applicant that has filed an application with MDOH but has not received a license by July 1, 2024, may receive the applicable license after that date if MDOH deems that the applicant completed the application process by July 1, 2024, and the applicant otherwise meets the requirements of this chapter.
(25) A licensing agency shall include the following questions on any application for a license issued in accordance with this chapter:
"Have you or your business had any similar license revoked, suspended or subjected to discipline in the past, including in this state or any other state? Have you or your business surrendered any similar license in the past? If you answered yes to either of these questions, please provide the state and as much detail as possible. Failure to disclose this information may result in a license suspension or revocation."
SECTION 8. Section 41-137-37, Mississippi Code of 1972, is amended as follows:
41-137-37. (1) A municipality or county may enact ordinances or regulations not in conflict with this chapter, or with regulations enacted under this chapter, governing the time, place, and manner of medical cannabis establishment operations in the locality. A municipality or county may establish penalties for violation of an ordinance or regulation governing the time, place and manner of a medical cannabis establishment that may operate in the municipality or county.
(2) No municipality or county may prohibit dispensaries either expressly or through the enactment of ordinances or regulations that make their operation impracticable in the jurisdiction. The main point of entry of a medical cannabis establishment shall not be located within one thousand (1,000) feet of the nearest property boundary line of any school, church or child care facility. A medical cannabis establishment may receive a waiver to this distance restriction by receiving approval from the school, church or child care facility and by applying for a waiver with its respective licensing agency, provided that the main point of entry of the cannabis establishment is not located within five hundred (500) feet of the nearest property boundary line of any school, church or child care facility. From and after July 1, 2024, until July 1, 2025, a licensing agency shall not issue a waiver under this subsection.
(3) A dispensary, cannabis research facility or cannabis testing facility may be located in any area in a municipality or county that is zoned as commercial or for which commercial use is otherwise authorized or not prohibited, provided that it being located there does not violate any other provisions of this chapter. A cannabis cultivation facility and/or cannabis processing facility may be located in any area in a municipality or county that is zoned as agricultural or industrial or for which agricultural or industrial use is otherwise authorized or not prohibited, provided that it being there does not violate any other provision of this chapter. A cannabis cultivation facility and/or cannabis processing facility may be located in any area in a municipality or county that is zoned as commercial or for which commercial use is otherwise authorized or not prohibited, provided that the municipality or county has authorized the entity to be located in such area and that it being there does not violate any other provision of this chapter. The municipality or county may authorize this by granting a variance to an existing zoning ordinance or by adopting a change in the zoning ordinance that allows for those entities to be located in specific commercial areas.
(4) A municipality or county may require a medical cannabis establishment to obtain a local license, permit or registration to operate, and may charge a reasonable fee for the local license, permit or registration, provided that this fee is consistent with fees charged to businesses that are not involved in the cannabis industry.
(5) No medical cannabis dispensary may be located within a one-thousand-five-hundred-feet radius from the main point of entry of the dispensary to the main point of entry of another medical cannabis dispensary. If the sole basis of denial by the licensing agency in refusing to issue the medical cannabis dispensary a license to operate is that the dispensary fails the distance requirement of this subsection (5), then the licensing agency may refund all or part of the license application fee in Section 41-137-35(5) to the applicant.
SECTION 9. Section 41-137-39, Mississippi Code of 1972, is amended as follows:
41-137-39. (1) (a) Medical cannabis establishments shall conduct a background check into the criminal history of every person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at or for the medical cannabis establishment.
(b) Every person seeking to become a principal officer, board member, agent, volunteer, or employee shall apply for or authorize the division to obtain state and national criminal background checks to be conducted by the Mississippi Justice Information Center of the Department of Public Safety and the Federal Bureau of Investigation.
(c) Such criminal background checks shall conform to the applicable federal standards, and shall include the taking of fingerprints.
(d) The applicant shall authorize the release of such criminal background checks to the MDOH, and shall be responsible for the payment of any fee associated with the criminal background checks.
(e) Upon completion of such criminal background checks, the Mississippi Justice Information Center of the Department of Public Safety shall forward to the MDOH all information obtained concerning the applicant.
(2) A medical cannabis establishment may not employ any person who:
(a) Was convicted of a disqualifying felony offense; or
(b) Is under * * *
eighteen (18) years of age.
(3) The operating documents of a medical cannabis establishment must include procedures for the oversight of the medical cannabis establishment and procedures to ensure accurate record keeping and adequate security measures.
(4) A medical cannabis establishment shall implement appropriate security measures designed to deter and prevent the theft of medical cannabis and unauthorized entrance into areas containing medical cannabis.
(5) All cultivation, harvesting, processing and packaging of medical cannabis must take place in an enclosed, locked and secure facility with a physical address provided to the MDOH during the licensing and registration process. The facility shall be equipped with locks or other security devices that permit access only by agents of the medical cannabis establishment, emergency personnel or adults who are twenty-one (21) years of age and older and who are accompanied by medical cannabis establishment agents; provided, however, employees of the facility who are younger than twenty-one (21) years of age may be granted access to such facility, as applicable.
(6) No medical cannabis establishment other than a cannabis processing facility or cannabis research facility may produce cannabis concentrates, cannabis extractions, or other cannabis products.
(7) A medical cannabis establishment may not share office space with or refer patients to a practitioner.
(8) Medical cannabis establishments are subject to inspection by the MDOR and MDOH during business hours.
(9) Before medical cannabis may be dispensed to a cardholder, a dispensary agent must:
(a) Require that the individual present a registry identification card;
(b) Make a diligent effort to verify that the registry identification card presented to the dispensary is valid;
(c) Make a diligent effort to verify that the person presenting the registry identification card is the person identified on the registry identification card presented to the dispensary agent; and
(d) Not believe that the amount of medical cannabis dispensed would cause the person to possess more than the allowable amount of medical cannabis.
(10) A medical cannabis establishment
shall not sell more than the allowable amount of medical cannabis to a cardholder.
A resident cardholder shall not obtain more than a total of six (6) * * * medical
cannabis units of allowable medical cannabis in a week from a dispensary or
a combination of dispensaries. A resident cardholder shall not obtain more than
a total of * * * thirty (30) medical
cannabis units of allowable medical cannabis in thirty (30) days from a dispensary
or a combination of dispensaries.
The possession limit for resident
cardholders of the allowable amount of medical cannabis shall be a total of * * * forty (40) medical cannabis units. There shall not be
a possession limit on nonconsumable medical cannabis, including, but not limited
to, suppositories, ointments, soaps, and lotions or other topical agents.
(11) For purposes of this chapter,
total THC is defined as THCA multiplied by .877 plus THC Delta 9 and all other psychoactive
forms or isomers of THC added together. A medical cannabis establishment shall
not sell cannabis flower or trim that has a potency of greater than * * *
thirty-five percent (35%) total THC. * * * Cannabis products that have a potency of over thirty percent (30%)
total THC shall be clearly labeled as "extremely potent." Edible cannabis
products, including food or drink products, that have been combined with usable
cannabis or cannabis products shall be physically demarked and labeled with a clear
determination of how much total THC is in a single-serving size and how much THC
is in the entire package. A certificate of analysis
for each medical cannabis product shall be made available to a patient if requested.
For purposes of this chapter, "certificate of analysis" shall mean a
formal document prepared by a cannabis testing facility that details the
results of one or more laboratory analyses.
A medical cannabis product shall contain a notice of harm regarding the use of cannabis products. Edible cannabis products shall be homogenized to ensure uniform disbursement of cannabinoids throughout the product. All molded edible cannabis products shall be presented in the form of geometric shapes and shall not be molded to contain any images or characters designed or likely to appeal to minors, such as cartoons, toys, animals or children.
(12) A dispensary may not dispense more than the allowable amount of cannabis to a registered qualifying patient or a nonresident cardholder, directly or via a registered designated caregiver. Dispensaries shall ensure compliance with this limitation by maintaining internal, confidential records that include records specifying how much medical cannabis is being dispensed to the registered qualifying patient or nonresident cardholder and whether it was dispensed directly to a registered qualifying patient, nonresident cardholder or to the registered designated caregiver.
(13) A nonresident cardholder
shall not obtain more than a total of six (6) * * * medical
cannabis units of allowable medical cannabis in a week from a dispensary or
a combination of dispensaries. A nonresident cardholder shall not obtain more than
a total of twelve (12) * * * medical cannabis units
of allowable cannabis from a dispensary or a combination of dispensaries in a fifteen-day
period.
(14) A nonresident may apply
to receive a nonresident registry identification card up to thirty (30) days before
arriving in Mississippi. A nonresident registry identification card shall be valid
for fifteen (15) days. After the expiration of the card, a nonresident may apply
for a renewal of the card and may be granted another card which shall be valid for
another fifteen-day period. A nonresident registry identification card shall only
be valid, at a maximum, for two (2) separate periods of fifteen (15) days in a three-hundred-sixty-five-day
period. An applicant may indicate on his or her application the specific time period
that he or she wishes for the card to be valid. The possession limit of the allowable
amount of medical cannabis for nonresident cardholders shall be fourteen (14) * * * medical cannabis units.
(15) A medical cannabis dispensary agent or employee shall not issue a written certification. Employees and agents of a medical cannabis dispensary shall complete at least eight (8) hours of continuing education in medical cannabis as regulated by the MDOR in order to be certified to work at a medical cannabis dispensary. After the first year of employment, these employees shall complete five (5) hours of continuing education in medical cannabis annually to maintain this certification. An employee shall complete such required continuing education with an entity that is on the MDOR's responsible vendor list in accordance with subsection (19) of this section.
(16) Notwithstanding any other
provision to the contrary, a patient with a debilitating medical condition who is
between eighteen (18) years to * * *
twenty-one (21) years of age is not eligible for a medical cannabis registry
identification card unless two (2) practitioners from separate medical practices
have diagnosed the patient as having a debilitating medical condition after an in-person
consultation. One (1) of these practitioners must be a physician or doctor of osteopathic
medicine.
If one (1) of the recommending practitioners is not the patient's primary care practitioner, the recommending practitioner shall review the records of a diagnosing practitioner. The requirement that the two (2) practitioners be from separate medical practices does not apply if the patient is homebound or if the patient had a registry identification card before the age of eighteen (18).
(17) Except as otherwise provided in this section, a medical cannabis establishment shall not allow an individual who is younger than twenty-one (21) years old to enter the premises of the establishment unless:
(a) The individual
possesses a registry identification card and is accompanied by his or her legal
guardian * * *;
or
(b) The individual possesses a valid work permit and is employed at the medical cannabis establishment.
(18) A medical cannabis establishment shall only purchase, grow, cultivate, and use cannabis that is grown and cultivated in this state. Any medical cannabis that is grown and cultivated in this state shall not be transported outside of this state.
(19) Employees of all medical cannabis establishments shall apply for a work permit with the MDOH and MDOR, as applicable, before beginning employment with any establishment. The licensing agency for the respective medical cannabis establishment may issue work permits to these individuals. These licensing agencies shall maintain a work registry of all applicants and work permits issued. The fee for a work permit shall be Twenty-five Dollars ($25.00) and the permit shall be valid for five (5) years. Work permits shall be the property of the employee and shall not be transferable to other employees. MDOH and MDOR shall require any individual with a work permit to complete educational training within ninety (90) days of being issued a work permit. Such training shall educate applicants on the Medical Cannabis Act, and compliance and regulations related thereto. MDOH and MDOR shall promulgate an approved "Responsible Vendor" list of all entities that are approved by the MDOH and MDOR as educational training vendors under this subsection. An applicant for a work permit must complete state-required training from an entity on such list as a condition of being awarded a work permit. No medical cannabis establishment may apply as a "responsible vendor" for training purposes. An individual with a work permit shall complete at least eight (8) hours of continuing education in medical cannabis as regulated by their respective licensing agency in order to maintain their work permit. After the first year of employment, these employees shall complete five (5) hours of continuing education in medical cannabis annually to maintain their work permit. A medical cannabis establishment may host a responsible vendor at its facility to provide a continuing education presentation for all employees.
(20) For purposes of this subsection, "plant growth regulator cannabis" shall mean a cannabis plant whose growth and structure has been modified using plant growth hormones. A cannabis cultivation facility shall not cultivate and a cannabis dispensary shall not sell, transfer or provide for consumption plant growth regulator cannabis.
(21) A medical cannabis dispensary shall only make sales to cardholders inside the dispensary. A medical cannabis dispensary shall not sell or otherwise convey medical cannabis to a cardholder through the means of a drive-through, curbside delivery or other delivery outside the premises of the dispensary. Any topical cannabis product that is purchased by a dispensary from a licensed processor, and that is not ingested by the liver, may be sold to a cardholder or any person over the age of twenty-one (21) years old who is not a cardholder. Such products shall be placed in an area of the dispensary that does not require access with a registry identification card.
(22) Any and all contracts or agreements entered into by the MDOH and MDOR for information technology software, hardware, and/or services for the purpose of implementing and/or operating under the Mississippi Medical Cannabis Act shall include language reasonably limiting the ability of the vendor to escalate the ongoing cost of such software, hardware, and/or services during the term of the contract, including any amendments and/or extensions.
(23) The MDOR and MDOH shall not share the name, address or personal data of a registry identification cardholder to any federal government entity.
SECTION 10. Section 41-137-41, Mississippi Code of 1972, is amended as follows:
41-137-41. (1) From and after February 2, 2022, the MDOH and MDOR shall each, where relevant to the role of that particular agency, establish and promulgate the following rules and regulations:
(a) Governing the manner in which it shall consider petitions from the public to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in Section 41-137-3, including public notice of and opportunities to comment in public hearings on the petitions;
(b) Establishing the form and content of license and renewal applications and written certifications submitted under this chapter;
(c) Governing the manner in which it shall consider applications for and renewals of registry identification cards, which may include creating a standardized written certification form;
(d) Governing medical cannabis establishments with the goals of ensuring the health and safety of registered qualifying patients and preventing diversion and theft of medical cannabis without imposing an undue burden or compromising the confidentiality of cardholders, including:
(i) Oversight requirements;
(ii) Recordkeeping requirements;
(iii) Qualifications that are directly and demonstrably related to the operation of medical cannabis establishments;
(iv) Security requirements, including lighting, physical security, and alarm requirements;
(v) Health and safety regulations, including restrictions on the use of pesticides, herbicides or other chemicals that are injurious to human health;
(vi) Standards for the processing of cannabis products and the indoor cultivation of cannabis by cannabis cultivation facilities;
(vii) Requirements for the transportation and storage of cannabis by medical cannabis establishments;
(viii) Employment and training requirements, including requiring that each medical cannabis establishment create an identification badge for each agent of the establishment;
(ix) Standards for the safe processing of medical cannabis products, including extracts and concentrates;
(x) * * *
Standards on the advertising, marketing, signage, and display of
medical cannabis, provided that the * * *
standards may restrict but not prohibit advertising and marketing
through broadcast, electronic or print media or through mass messaging or email
communications, and provided further that the standards may not prevent appropriate
signs on the property of a * * * medical
cannabis establishment, listings in business directories, including phone books,
listings in cannabis-related or medical publications, display of cannabis in company
logos * * *,
display of cannabis, cannabis products, packaging of cannabis, packaging of cannabis
products, the process of cultivating cannabis, and the process of manufacturing
cannabis products in branding activities, such as electronic media and print
media, including, but not limited to, social media platforms, websites and electronic
commerce platforms, display on * * * medical cannabis establishments'
websites of pictures of products that the * * * medical cannabis establishment
sells, or the sponsorship of health or not-for-profit charity or advocacy events;
(xi) Requirements and procedures for the safe and accurate packaging and labeling of medical cannabis, including prohibiting the use of any images designed or likely to appeal to minors, such as cartoons, packaging that resembles popular candy brands, toys, animals or children, or any other likeness or image containing characters or phrases to advertise to minors;
(xii) Standards for cannabis testing facilities, including requirements for equipment and qualifications for personnel;
(xiii) Protocol development for the safe delivery of medical cannabis from dispensaries to cardholders;
(xiv) Reasonable requirements to ensure the applicant has sufficient property or capital to operate the applicant's proposed medical cannabis establishment;
(xv) Procedures for suspending or terminating the licenses or registry identification cards of cardholders and medical cannabis establishments that commit multiple or serious violations of the provisions of this chapter or the rules and regulations promulgated pursuant to this section;
(xvi) Procedures for the selection, certification and oversight of a seed-to-sale tracking system as provided for in Section 41-137-11;
(xvii) Requirements for labeling medical cannabis and cannabis products, including requiring medical cannabis product labels to include the following:
1. The length of time it typically takes for the product to take effect;
2. Disclosure of ingredients and possible allergens;
3. A nutritional fact panel;
4. The amount of THC and CBD in the product;
5. A notice of the potential harm caused by consuming medical cannabis; and
6. For edible cannabis products, when practicable, a standard symbol indicating that the product contains cannabis;
(xviii) Procedures for the registration of nonresident cardholders, which must require the submission of:
1. A practitioner's statement confirming that the patient has a debilitating medical condition; and
2. Documentation demonstrating that the nonresident cardholder is allowed to possess medical cannabis or cannabis preparations in the jurisdiction where he or she resides;
(xix) The amount of cannabis products, including the amount of concentrated cannabis, each cardholder and nonresident cardholder can possess;
(xx) Reasonable application and renewal fees for registry identification cards and registration certificates, according to the following:
1. The fee schedule shall be set as follows:
a. The qualifying patient registry identification card application fee shall be Twenty-five Dollars ($25.00);
b. The designated caregiver registry identification card application fee shall be Twenty-five Dollars ($25.00);
c. The designated caregiver criminal background fee shall be Thirty-seven Dollars ($37.00);
d. The fee for a renewal or replacement of a card shall be Twenty-five Dollars ($25.00);
e. The fee for a card for a nonresident patient shall be Seventy-five Dollars ($75.00);
f. The qualifying patient registry identification card application fee for a Medicaid participant shall be Fifteen Dollars ($15.00) and the fee for a renewal of such card shall be Fifteen Dollars ($15.00); and
g. The application fee for a qualifying patient registry identification card for disabled veterans or disabled first responders shall be waived. A disabled veteran or first responder may prove their disability by providing written documentation from their practitioner attesting to their debilitating medical condition, documentation from the Social Security Disability Office, or documentation that attests the applicant is a one-hundred percent (100%) disabled veteran as determined by the U.S. Department of Veteran Affairs and codified at 38 CFR, Section 3.340(a)(2013); and
2. The MDOH may accept donations from private sources to reduce the amount of the application and renewal fees;
(xxi) Standards and protocol development for the safe delivery of medical cannabis by cannabis transportation entities from a medical cannabis dispensary to registered qualifying patients who are homebound or who are otherwise in the care of any nursing facility, hospital, hospice, assisted living facility, personal care home, adult day care facility, or adult foster care facility in accordance with Section 41-137-21;
(xxii) Standards allowing medical cannabis dispensaries to process and accept orders for delivery or in-store pick-up for medical cannabis placed through a website, application or other internet-based ordering system; and
( * * *xxiii) Any other rules and regulations
necessary to implement and administer this chapter.
(2) The initial rules filed by the MDOH to implement the medical cannabis program in accordance with this chapter shall be effective immediately upon their filing.
(3) No state agency, political subdivision or board shall implement any rule, regulation, policy, or requirement that is contrary to, or conflicts with, the provisions of the Mississippi Medical Cannabis Act.
SECTION 11. Section 41-137-63, Mississippi Code of 1972, is amended as follows:
41-137-63. * * * (a) There is established a Medical Cannabis
Advisory Committee, which shall be the committee that is required to advise the
Legislature about medical cannabis and cannabis product, patient care, services
and industry.
(b) The advisory committee
shall consist of * * * fifteen (15) members, as follows:
(i) The Governor shall
appoint * * *
five (5) members to the committee, as follows:
1. One (1) representative from the MDOH;
2. One (1) registered
qualifying patient; * * *
3. One (1) physician with experience in medical cannabis issues;
4. One (1) licensed practitioner who is registered to issue written certifications to qualifying patients under the program; and
5. One (1) owner or agent of a medical cannabis transportation entity;
(ii) The Lieutenant
Governor shall appoint * * * five (5) members, as follows:
1. One (1) owner or agent of a medical cannabis cultivation facility;
2. One (1) representative
from the MDOH; * * *
3. One (1) qualified certified nurse practitioner, physician assistant or optometrist;
4. One (1) registered qualifying patient under the program; and
5. One (1) owner or agent of a medical cannabis testing facility;
(iii) The Speaker of
the House shall appoint * * * three (3) four (4) members, as follows:
1. One (1) owner or agent of a medical cannabis processing facility;
2. One (1) owner
or agent of a medical cannabis dispensary; * * *
3. One (1) representative
from the MDOR * * *;
4. One (1) representative from the National Center for Cannabis Research and Education at the University of Mississippi; and
5. One (1) patient advocate of a registered qualifying patient.
If the Governor fails to appoint any of his assigned members within sixty (60) days of a vacancy, the Lieutenant Governor may appoint such member. If the Lieutenant Governor fails to appoint any of his assigned members within sixty (60) days of a vacancy, the Speaker of the House may appoint such member.
(c) The advisory committee shall meet at least two (2) times per year for the purpose of evaluating and making recommendations to the Legislature and the MDOH and MDOR regarding:
(i) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical cannabis;
(ii) The effectiveness of the medical cannabis establishments in serving the needs of registered qualifying patients, including the provision of educational and support services by dispensaries, the reasonableness of their prices, security issues, and the sufficiency of the number operating to serve the state's registered qualifying patients;
(iii) The effectiveness of the cannabis testing facilities, including whether a sufficient number are operating;
(iv) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the MDOH to ensure that access to and use of cannabis cultivated is provided only to cardholders;
(v) Any recommended additions or revisions to the MDOH and MDOR rules and regulations or this chapter, including relating to security, safe handling, labeling, nomenclature, and whether additional types of licenses should be made available; and
(vi) Any research studies regarding health effects of medical cannabis for patients.
(d) The advisory committee shall accept public comment in writing and in person at least once per year. The advisory committee shall meet at least two (2) times per year and advisory committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.
(e) The chairman of the advisory committee shall be elected by the voting members of the committee annually and shall not serve more than two (2) consecutive years as chairman.
(f) The members of the advisory committee specified in paragraph (b) of this subsection shall serve for terms that are concurrent with the terms of members of the Legislature, and any member appointed under paragraph (b) may be reappointed to the advisory committee. The members of the advisory committee specified in paragraph (b) shall serve without compensation, but shall receive reimbursement to defray actual expenses incurred in the performance of committee business as authorized by law.
* * *
SECTION 12. The following shall be codified as Section 41-137-68, Mississippi Code of 1972:
SECTION 13. This act shall take effect and be in force from and after July 1, 2024.