In November of 2020 over 69 percent of MS voters cast ballots in favor of enacting a medical cannabis program. On January 26 the Mississippi Legislature gave final approval to the Mississippi Medical Cannabis Act (SB 2095). Governor Tate Reeves signed the bill into law on February 2, 2022.
The Mississippi Department of Revenue is working closely with the Mississippi Department of Health to design and implement the application process to begin the licensing of cannabis dispensaries.
According to MDOR, the ABC Permit Department will begin accepting license applications no later than July 1, and will begin issuing qualifying applicants dispensary licenses within 30 days of receiving completed applications.
Counties and municipalities have 90 days from the signing of the bill on February 2 to begin the vote to opt out of the medical cannabis program, which would prevent the cultivation, processing, sale and distribution of medical cannabis and cannabis products in their city.
A board’s decision to opt out does not make it illegal for qualified participants to possess medical cannabis products inside the municipality but does prevent the sale.
However, if a municipality or county opts out of the medical cannabis program citizens may petition for a special election on the issue within 60 days. The petition need to be signed by 20 percent of the voting population or 1,500 voters, whichever is fewer.
The City of Mendenhall Mayor and Board of Aldermen decided to take no action during their regularly scheduled board meeting in April. after being so advised by Board Attorney Wesley Broadhead. They said they would follow the guidelines set forth by the state.
Mendenhall Mayor Todd Booth explained that the board could remain flexible and regulate where these businesses would be allowed in the city. According to SB 2095 local municipalities will be able to regulate the time, place, and manner of medical cannabis businesses, but they may not ban them or “make their operation impracticable.” Also, cannabis businesses must follow local zoning requirements.
The City of Magee has also decided to take no action, according to Magee Mayor Dale Berry. He explained that the topic has been discussed at Mississippi Municipal League meetings for the past year. Berry said if a city has good zoning ordinances in place, then it will be protected. He said the vote in Magee was 65 percent in favor of medical cannabis. Berry said a decision to opt out by the board could be contested by citizens, then the city would have to fund an election.
The deadline for opting out of the medical cannabis program will be on May 3.
Several regulations have been established in order to receive a dispensary license. According to the Mississippi Department of Revenue, license fees for the first year of operation for a dispensary is $40,000 which includes a non-refundable application fee of $15,000 and an annual license fee of $25,000. After the first year an annual license fee of $25,000 will be assessed to these businesses.
Dispensaries may not be located within a 1,500 feet radius from the main point of entry of another dispensary. Also the main entrance of proposed locations can not be withing 1,000 feet of the property boundary line of any school, church, or daycare unless a distance waiver form is approved.
SB 2095 also includes continuing medical education requirements for certifying practitioners. Certifying practitioners must complete an initial eight hours of continuing medical education courses on medical cannabis and five hours every year thereafter.
For patients to qualify for the program they must have a written certification issued by a healthcare provider and must apply to the Mississippi Department of Health for a registration card which cost $25.
According to SB 2095 the following conditions qualify: Cancer, Parkinson's, Huntington's, muscular dystrophy, glaucoma, spastic quadriplegia, HIV, AIDS, hepatitis, amyotrophic lateral sclerosis (ALS), Crohn's, ulcerative colitis, sickle cell anemia, Alzheimer's, agitation of dementia, PTSD, autism, pain refractory to opioid management, diabetic/peripheral neuropathy, spinal cord disease, or severe injury.
SB 2095 also specifies purchasing limits for qualifying patients and potency caps. Patients may not purchase more than six Mississippi Medical Cannabis Equivalency Units (MMCEU) which is the equivalent of 21 grams in a week. Also, patients can not possess more than 28 MMCEU’s at one time which is the equivalent of 98 grams. Cannabis flowers cannot exceed 30 percent THC.
The licensing process for dispensaries will begin no later than July 1, and municipalities and counties have until May 3 to opt out of the program.
