On February 2, 2022, Mississippi Governor Tate Reeves signed legislation authorizing cannabis for medical use.
The Act establishes several license types including cultivation facilities, processing facilities, medical cannabis dispensaries, transportation entities, disposal entities, research facilities, and testing facilities.
After 120 days from the effective date of the Act, MDOH will begin accepting applications, registering and licensing medical cannabis patient registry identification cards and practitioners.
Until December 31, 2022, an individual applicant must have been a resident of Mississippi and a citizen of the United States for at least three years prior to the date of application; and entity applicants must demonstrate that at least 35% of equity ownership interest is held by individuals who have been residents of Mississippi and citizens of the U.S.
A federal district court judge in Missouri struck down a similar requirement of Missouri’s medical cannabis law in June 2021.
The application requires the name of each principal officer and board member of the proposed medical cannabis establishment as well as disclosure of all persons, entities or affiliated entities who directly or indirectly own 10% or more of a medical cannabis establishment.
Medical cannabis establishments may only purchase, grow, cultivate, and use cannabis that is grown and cultivated in Mississippi and may not transport it outside of the state.
The Act permits vertical integration of medical cannabis businesses.
If applying in a jurisdiction with its own medical cannabis program, the applicant must submit proof of registration with the applicable municipality or county as part of their state license application.
The Act defines “cannabis products” to include flower, concentrates, extracts, and cannabis infused products intended for consumption by humans including, edibles, beverages, topicals, ointments, oils, tinctures and suppositories containing THC and CBD.
Mississippi resident medical cannabis patients to establish those limits.
A resident cardholder may purchase no more than six MMCEUs in one week from any dispensary and no more than 24 MMCEUs within 30 days from any dispensary.
The Act prohibits medical cannabis establishments from selling flower with a potency exceeding 30% total THC.
To facilitate access to banking for licensed medical cannabis establishments, the Act holds harmless under state law or regulation any bank that provides any services to any medical cannabis licensee in the state, if the bank provides those services to any other business.
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