Mississippi Administrative Code

An appeal under the Mississippi Medical Cannabis Act before the Review Board may be withdrawn at any time by the person filing the appeal. The withdrawal may be made voluntarily by the person or may occur involuntarily under the conditions listed below. Notes 35 Miss. Code. R. 11…

An involuntary withdrawal of an appeal may occur as a result of the person's failure to appear at a scheduled hearing, failure to timely provide a written appeal in lieu of attendance at a hearing, or by any other act or failure that the body hearing the appeal determines is a fa…

A voluntary withdrawal of an appeal must be delivered in writing by the licensee, applicant, or authorized representative to the Chairman of the Review Board prior to the scheduled time of the hearing on the appeal. Notes 35 Miss. Code. R. 11-29-209 Adopted 8/11/2022 Amended 3/6/…

Following the withdrawal of an appeal, the action shall become final and not subject to further review by the Review Board or a court. The Department shall then proceed with any action in accordance with the law. Notes 35 Miss. Code. R. 11-29-210 Adopted 8/11/2022 Amended 3/6/202…

Notes 35 Miss. Code. R. 11-29-211 Adopted 8/11/2022 Reserved 3/6/2025

Notes 35 Miss. Code. R. 11-29-212 Reserved 8/11/2022

Notes 35 Miss. Code. R. 11-29-300 Adopted 8/11/2022 Amended 3/6/2025

The Review Board shall convene and hear appeals regarding actions taken by the Department under the Mississippi Medical Cannabis Act. Notes 35 Miss. Code. R. 11-29-301 Adopted 8/11/2022 Amended 3/6/2025

Since an official transcript is to be made of the hearing of an administrative appeal covered by this Chapter, the Review Board will only consider the testimony and documents introduced into evidence at the hearing, the facts and documents stipulated to by the parties, and the fa…

If a party offers testimony at a hearing through the examination of a witness or where a party representing himself testifies at the hearing by making a statement, the person so testifying shall be sworn in by the presiding Review Board member or the court reporter. Any other par…

The Mississippi Rules of Evidence will apply at hearings held in the administrative appeals covered by this Chapter, but they will be relaxed. Relevant hearsay evidence may be presented and introduced into evidence unless the presiding Review Board member determines that such evi…

If the Department determines after the action that there are additional and/or different facts and/or charges on which to base the action being appealed, these additional and/or different facts and/or charges may be used by the Department in an administrative appeal under the Mis…

Any party offering a document into evidence at the hearing before the Review Board in an administrative appeal covered by this Chapter shall provide all other parties to the administrative appeal with a copy of the document before or at the time that the document is offered into …

Unless otherwise directed by the presiding Review Board member, a hearing in an administrative appeal covered by the Mississippi Medical Cannabis Act shall be conducted in the following order: 1. The presiding Review Board member shall call the hearing to order. 2. The presiding …

Notes 35 Miss. Code. R. 11-29-308 Reserved 8/11/2022 Reserved 3/6/2025

Notes 35 Miss. Code. R. 11-29-400 Adopted 8/11/2022 Amended 3/6/2025

Following the hearing, the Review Board shall issue its Order in due course. If an Order of the Review Board regarding the Mississippi Medical Cannabis Act is not appealed within twenty (20) days after the issuance of said Order, that Order becomes final and is not subject to fur…

Any person aggrieved by a decision of the Review Board shall have a right of appeal to the circuit court of the county of the residence of the licensee or applicant as it appears on the record. Notes 35 Miss. Code. R. 11-29-402 Adopted 8/11/2022 Amended 3/6/2025

Notes 35 Miss. Code. R. 11-29-403 Reserved 8/11/2022 Reserved 3/6/2025

Notes 35 Miss. Code. R. 11-29-500 Adopted 8/11/2022 Amended 3/6/2025

If an appeal to the Review Board is made by a licensee or applicant, the Order of the Review Board shall constitute the final decision of the Department. Notes 35 Miss. Code. R. 11-29-501 Adopted 8/11/2022 Amended 3/6/2025

Any licensee or applicant aggrieved by a final decision of the Department under the provisions of this Chapter may petition for judicial review of the final decision. Notes 35 Miss. Code. R. 11-29-502 Adopted 8/11/2022 Amended 3/6/2025

The petition shall be filed within twenty (20) days after the issuance of the Department's final decision. The petition shall be filed in the circuit court of the county in which the appellant resides. If the appellant is a nonresident of this state, the appeal shall be made to t…

Any person or entity aggrieved by the decision of the circuit court may appeal to the Mississippi Supreme Court. Notes 35 Miss. Code. R. 11-29-504 Adopted 8/11/2022 Amended 3/6/2025

Notes 35 Miss. Code. R. 11-29-505 Reserved 8/11/2022 Reserved 3/6/2025

The main point of entry to a dispensary cannot be located within one thousand (1,000) feet of the nearest property boundary line of any school, church, or childcare facility unless the dispensary applicant obtains a waiver from the school, church, or childcare facility. Regardles…

The following applies under this Chapter for purposes of property boundary line measurements: 1. The applicable property boundary line for a church facility shall be the parcel of land on which a structure exists or is in the process of being constructed at the time of applicatio…

The main point of entry for a dispensary cannot be located within one thousand five hundred (1,500) feet of the main point of entry for an existing dispensary. When two completed applications are received and the main points of entry for each are within one thousand five hundred …

All measurements shall be made using a straight line, point-to-point method. When a main point of entry constitutes an end point, measurement shall begin at the mid-point of the door if a single door; and the point where the doors meet for dual door entrances. Notes 35 Miss. Code…

If the premises construction is complete at the time of application, the Department will investigate the application based on the completed construction when reviewing distance requirements. If the building construction is complete but there are planned changes to the main point …

Notes 35 Miss. Code. R. 11-3-105 Reserved 7/1/2022 Reserved 3/6/2025

Active licenses must be renewed on an annual basis. Licenses are valid for one year from the date of issuance. At the time of renewal, the licensee must demonstrate continued compliance with all applicable licensing criteria. Notes 35 Miss. Code. R. 11-4-100 Adopted 7/1/2022 Amen…

An annual inspection by the Department may be required for the renewal of the license. Notes 35 Miss. Code. R. 11-4-101 Adopted 7/1/2022 Amended 3/6/2025

A license shall not be renewed by the Department if: 1. Outstanding fines are owed to the Department; 2. An owner or individual with an economic interest has been convicted of a disqualifying felony; 3. Renewal will result in any person having a direct or indirect ownership or ec…

At the time of renewal, the licensee shall ensure that all material changes to the required plans have been communicated in writing to the Department. Notes 35 Miss. Code. R. 11-4-103 Adopted 7/1/2022 Amended 3/6/2025

The licensee shall submit proof, through a renewed local authorization certification form, that the licensee is still in compliance with all requisite local permits and licenses and is in good standing with the municipality or other local entity wherein the licensee's facility is…

An applicant may appeal a renewal denial as provided by law. Notes 35 Miss. Code. R. 11-4-105 Adopted 7/1/2022 Amended 3/6/2025

The renewal fee must be paid by credit card or ACH debit through the licensing vendor selected for the Mississippi Medical Cannabis Program. Notes 35 Miss. Code. R. 11-4-106 Adopted 7/1/2022 Amended 3/6/2025

Notes 35 Miss. Code. R. 11-4-107 Adopted 7/1/2022 Reserved 3/6/2025

Notes 35 Miss. Code. R. 11-4-108 Reserved 7/1/2022

A licensee may transfer ownership interests, including without limitation partial ownership, only after the application for a transfer of an ownership interest has been approved by the Department. Notes 35 Miss. Code. R. 11-5-100 Adopted 7/1/2022 Amended 3/6/2025

An application for the transfer of ownership interests must: 1. Be completed on forms made available by the Department; 2. Be submitted to the Department; and 3. Be accompanied by all required forms and supplemental information, provided by the person or entity seeking to assume …

Criminal history record checks are required for anyone proposed as an owner, officer, director, board member, or anyone with an economic interest. Notes 35 Miss. Code. R. 11-5-102 Adopted 7/1/2022 Amended 3/6/2025

The Department may revoke or suspend a license upon discovery of any effort to transfer an ownership interest in a license without complying with the requirements of this subsection. Notes 35 Miss. Code. R. 11-5-103 Adopted 7/1/2022 Amended 3/6/2025

Notes 35 Miss. Code. R. 11-5-104 Reserved 7/1/2022 Reserved 3/6/2025

Ownership or operations generally may not be transferred to a person or business entity prior to the approval of an application for transfer of ownership interests. However, in case of death or physical or mental disability of any licensee, the estate, trustee, or guardianship of…

If such application is approved, the applicant shall be granted the right, without payment of an additional permit fee, to operate the licensed place of business for the unexpired portion of the time of the original license. Notes 35 Miss. Code. R. 11-6-101 Adopted 7/1/2022 Amend…