Mississippi Cannabis Update

Mississippi Cannabis Update

Mississippi has become the 37th state in the US to legalize medical marijuana and establish a program where people with debilitating conditions can purchase cannabis, doctors can be certified to prescribe the necessary medicine, and state-licensed businesses can apply to open cultivation facilities and eventually medical dispensaries.

Though few states have legalized recreational cannabis in the southeast, several of them have established medical marijuana programs and are inching closer to full adult-use. The Magnolia state is just the most recent addition, and saw Governor Tate Reeves sign the legalization bill into law on February 2 after a dust-up with the state’s supreme court over out-of-date ballot initiatives.

Current Status of Marijuana in Mississippi

Patients

On June 2, the Mississippi Medical Cannabis Act officially legalized medical marijuana and the state began allowing patients to apply for medical cards. To begin the process, a licensed physician will have to diagnose a patient with one of the two dozen qualifying conditionsdetermined by the state’s health department. Next, they must take their written certification from the health practitioner and register it with the Medical Cannabis Program portal and within 60 days (about 2 months) of being certified, they will receive an electronic identification card.

Practitioners

To be licensed, practitioners must take 8 hours of continuing education as well as another 5 hours, annually, to renew. Patients will have to verify that their practitioner is licensed/registered with the state and, if not, they should establish a “bona fide practitioner-patient relationship” by getting an in-person assessment where the doctor can review medical history – especially the patient’s mental health state.

Legal Status

Supporters of the new law see it as a middle ground between Mississippians who are overwhelmingly for cannabis legalization and others who pushed for lower purchase thresholds. As of now, an individual can buy up to 3.5 grams a day, with a maximum limit of 3 ounces (about 85.05 g) per month of medical marijuana, though earlier initiatives would have allowed 5 ounces or about 141.75 g. 

The law also prevents Mississippi from offering economic incentives like tax breaks or financial assistance on infrastructure to cannabis businesses. Similarly, individual cities will be allowed up to 90 days (about 3 months) to opt-out of allowing such facilities within their limits and already 80 cities and 19 counties have opted-out.

Cannabis Businesses

Mississippi’s department of health has an online portal for all the relevant actors: patients and caregivers, medical practitioners, and facilities can all apply for licenses and registration. Of the 1800 applications that have been submitted, 85% are from patients seeking cannabis treatment via medical marijuana cards and a wide range of health care professionals. 

Also included are those on the cultivation and manufacturing side. Micro-cultivators have three tiers of licenses and cultivators have five. Microprocessors and processors also have a few tiers with the appropriate requirements, all of which can be filed with the state’s Department of Health. 

Unlike other cannabis business license types, dispensary license applications will be accepted after July 1st through the Department of Revenue. Nevertheless, the economic opportunities for cannabis businesses are abundant with Mississippi’s “non-competitive licensed program” which has no limits on the number of applications.

Legal Ramifications

One way that the Mississippi cannabis law differs from other states is that it offers no employment protection for medical marijuana cardholders, and more importantly, the act specifies that owners can “take adverse employment action” or refuse to hire individuals, which could lead to more discrimination than other highly regulated industries.

Future of Marijuana in Mississippi

Considering the number of cities and counties that have opted-out, applicants should expect the process to be more competitive at the local level, with zoning and land restrictions, then at the state level. This, along with the higher rate of patients applying compared to health practitioners, means it could be well into the new year before dispensaries are up and running and cannabis can be purchased.

Ken Newburger, the executive editor of the Mississippi Medical Marijuana Association, relays the situation as,

 “Patients will need to have patience.”

How Can Sapphire Risk Help?

Tony Gallo and the team at Sapphire Risk Advisory Group have experience are familiar with the Mississippi marijuana laws and are prepared to assist with licensing dispensaries, cultivators, and manufacturers. Follow us on social media to stay up to date with the latest Mississippi marijuana industry news!