Title 41, Public Health

(1) Any resident of Mississippi may petition the MDOH to add serious medical conditions or their treatments to the list of debilitating medical conditions listed in Section 41-137-3. The MDOH shall consider petitions in accordance with its rules and regulations, including public …

(1) Nothing in this chapter requires a government medical assistance program or private insurer to reimburse a person for costs associated with the medical use of medical cannabis. (2) Nothing in this chapter prohibits an employer from disciplining an employee for ingesting medic…

(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 servi…

(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 …

(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 identificat…

(1) No later than December 31, 2022, and every December 31 thereafter, the MDOH and MDOR shall provide an annual report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, Chairman of the Senate Public Health and Welfare Committee, Chairman of the House…

(1) The MDOH shall maintain a confidential list of the persons to whom the MDOH has issued registry identification cards and their addresses, phone numbers, and registry identification numbers. This confidential list shall not be combined or linked in any manner with any other li…

(a) 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 an…

(1) The following notifications and MDOH responses are required:(a) A registered qualifying patient shall notify the MDOH of any change in his or her name or address, or if the registered qualifying patient ceases to have his or her diagnosed debilitating medical condition, withi…

Medical cannabis dispensaries shall report medical cannabis dispensing information every twenty-four (24) hours to the Prescription Monitoring Program provided for in Section 73-21-127. Dispensaries shall submit information as required by the Prescription Monitoring Program, incl…

(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 di…

(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 est…

(1) (a) The MDOH shall obtain criminal records background checks on all persons applying to become a licensee, an agent, or representative as defined herein, of a medical cannabis establishment. This shall include performing criminal records background checks on all potential emp…

(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 …

(1) The MDOH and MDOR shall jointly create and maintain a public registry of medical cannabis establishments, which shall include, but shall not be limited to, the following information:(a) The name of the establishment;(b) The owner and, if applicable, the beneficial owner of th…

(1) It shall be unlawful for any person or entity to cultivate, process, transport, use, possess, purchase, sell or transfer cannabis except as authorized by this chapter. (2) A cardholder or medical cannabis establishment that purposely or knowingly fails to provide a notice req…

(1) The licensing agency is authorized to investigate, either on the basis of complaints filed with it or on its own initiative through compliance visits, reviews or audits, instances of suspected violations of any nature, including, but not limited to:(a) Performing the duties a…

(1) Data in license and registration applications and supporting data submitted by registered qualifying patients, registered designated caregivers, medical cannabis establishments and nonresident cardholders, including data on registered designated caregivers and practitioners, …

(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 conditi…

Notwithstanding any federal tax law to the contrary, in computing net income for medical cannabis establishments, there shall be allowed as a deduction from income taxes imposed under Section 27-7-5, Mississippi Code of 1972, all the ordinary and necessary expenses paid or incurr…

(1) A bank may provide any services to any person or entity licensed in this state to engage in the business of medical cannabis, or with any person or entity engaging in business dealings with such licensee, if the bank provides those services to any other business. (2) A bank a…

This chapter does not apply to or supersede any of the provisions of Section 41-29-136.

(1) The cultivation, processing, sale and distribution of medical cannabis and cannabis products, as performed in accordance to the provisions of this chapter, shall be legal in every county and municipality of this state unless a county or municipality opts out through a vote by…

(1) Any person or entity aggrieved by a final decision or order of an agency under the provisions of this chapter may petition for judicial review of the final decision or order. (2) (a) The petition shall be filed within twenty (20) days after the issuance of the agency’s final …

All fees and fines collected by the MDOR and MDOH according to the provisions of this chapter shall be deposited into the State General Fund.

(1) (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 nine (9) member…

In the negotiation and execution of all information technology contracts as necessary under the Mississippi Medical Cannabis Act, the executive director of the State Department of Health and the executive director of the Department of Revenue may negotiate a limitation on the lia…

A public utility as defined in Section 77-3-3(d)(iv) shall not deny or refuse services to any business entity solely on the basis that the entity is a licensee under the Mississippi Medical Cannabis Act.

(1) The MDOH shall have the ultimate authority for oversight of the administration of the medical cannabis program, and the MDOH shall coordinate the activities of the MDOH and MDOR under the provisions of this chapter in order to best effectuate the purpose and intent of this ch…

(1) There is a presumption that a registered qualifying patient 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 med…