Mississippi Cannabis Laws

Navigating Mississippi’s medical cannabis laws is crucial for both dispensary operators and patients. The state’s regulations cover various aspects, including legal purchase limits, security requirements, advertising restrictions, and employee responsibilities.

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MS Laws at a Glance

Overview

Mississippi’s cannabis laws have seen significant changes over the past few years, particularly with the legalization of medical cannabis through Initiative 65 in 2020. The Mississippi Department of Health oversees the medical cannabis program, ensuring that all regulations are strictly followed to maintain a safe and effective system. Here’s a detailed overview of the key aspects of Mississippi’s cannabis laws that dispensary operators need to know.

Key Points

  1. Regulatory Authority
    1. The Mississippi Department of Health (MDH) is responsible for overseeing the state’s medical cannabis program, ensuring compliance with all regulations and guidelines.
  2. Seed-to-Sale Tracking System
    1. Metrc is the designated seed-to-sale tracking system used in Mississippi. This system ensures that all cannabis products are tracked from cultivation to sale, maintaining transparency and compliance.
  3. Prescription Monitoring Program (PMP)
    1. Dispensaries are required to report medical cannabis dispensing information to the Prescription Monitoring Program (PMP) every 24 hours. This includes details such as the patient’s qualifying conditions, registry identification card number, and the amount of medical cannabis dispensed.
  4. Advertising Restrictions
    1. Mississippi dispensaries are prohibited from advertising in any form of media, including radio, television, social media, and newspapers. This is to ensure that advertising does not promote overconsumption or appeal to minors.
    2. Dispensaries can create websites or social media pages to provide general information, but they cannot contain images of cannabis consumption or make health claims about cannabis.
  5. Location Restrictions
    1. A dispensary’s physical address cannot be within 1,000 feet of a school, church, or childcare facility unless granted approval and a waiver from the relevant licensing agency.
    2. Dispensaries must be located in commercial areas or zones that permit commercial business operations.
  6. THC Content Limits
    1. Dispensaries are prohibited from selling cannabis flower or trim with more than 30% total THC.
    2. Cannabis tinctures, oils, and concentrates cannot exceed 60% total THC.
    3. Edible cannabis products are also limited to a maximum of 60% total THC.
  7. Medical Cannabis Cardholder Limits
    1. Medical cannabis cardholders cannot receive more than six Mississippi Medical Cannabis Equivalency Units (MMCEUs), which is equivalent to 21 grams, from a dispensary or a combination of dispensaries during any seven-day period.
    2. Resident cardholders are limited to 24 MMCEUs (84 grams) during any thirty-day period.
    3. Non-resident cardholders are limited to 12 MMCEUs (42 grams) during any rolling fifteen-day period.

Compliance and Enforcement

  1. Daily Reporting
    • Dispensaries must submit daily sales reports to the PMP, detailing all transactions and ensuring that they stay within legal limits.
  2. Inventory Tracking
    • All dispensaries must use Metrc for inventory tracking and follow the rules set by the Mississippi Department of Health, including training for new work permittees and regular updates of inventory information.
  3. Zoning Compliance
    • Dispensaries must ensure their location complies with zoning laws, being situated in commercial zones and not within restricted distances from sensitive areas like schools and churches.

Key Considerations

  • Regulatory Compliance: Adhering to the regulations set by the Mississippi Department of Health is crucial for maintaining a dispensary license.
  • Secure Operations: Implement robust security measures, including alarm systems and video surveillance, to protect the premises and cannabis products.
  • Transparent Reporting: Maintain accurate and timely reporting to the Prescription Monitoring Program and Metrc to ensure transparency and compliance.

By understanding and adhering to these key points, dispensaries in Mississippi can operate within the legal framework, ensuring safe and effective service to medical cannabis patients.

Reporting Requirements

Overview

Mississippi requires cannabis dispensaries to maintain strict reporting practices to ensure compliance and transparency within the medical cannabis program. The state mandates daily reporting to the Prescription Monitoring Program (PMP) and comprehensive use of the Metrc system for inventory tracking. Here’s a detailed guide to the reporting requirements for dispensaries in Mississippi.

Prescription Monitoring Program (PMP)

  1. Daily Reporting
    • Dispensaries must report medical cannabis dispensing information to the PMP every 24 hours. This helps monitor patient usage and ensures that dispensaries adhere to legal dispensing limits.
  2. Required Information
    • The following information must be submitted to the PMP:
      • Patient’s Qualifying Conditions: The medical conditions that qualify the patient for medical cannabis use.
      • Patient Registry Identification Card Number: The unique ID number assigned to the patient.
      • Amount of Medical Cannabis Dispensed: The quantity of cannabis provided to the patient.

Metrc Inventory Tracking System

  1. Initial Setup
    • New dispensaries must report their beginning inventories into Metrc within 30 days of starting operations.
    • Employees must undergo two hours of training provided by Metrc to receive appropriate credentials and learn how to interact with the electronic tracking system.
  2. Ongoing Reporting
    • Dispensaries must report all sales to Metrc either at the end of each day or in real-time. This ensures that inventory levels are accurately tracked and discrepancies are minimized.
  3. Compliance and Training
    • Continuous compliance with Metrc rules is mandatory. This includes regular updates to inventory data and ensuring all employees are trained on how to use the system effectively.

Detailed Sales Reporting

  1. Daily Sales Reports
    • Dispensaries must generate daily sales reports that include detailed information about each transaction. These reports should be submitted to both the PMP and Metrc.
    • Sales reports should capture data such as:
      • Date and Time of Sale
      • Product Details: Including strain, form (flower, concentrate, etc.), and THC content.
      • Quantity Sold
      • Patient Information: Ensuring that the patient’s purchase does not exceed state-mandated limits.
  2. Record Retention
    • Maintain detailed records of all transactions for audit purposes. These records should be kept securely and be readily accessible for inspections by the Mississippi Department of Health.

Compliance Audits

  1. Regular Audits
    • The Mississippi Department of Health will conduct regular audits to ensure that dispensaries are compliant with reporting requirements.
    • Audits will examine daily sales reports, inventory records, and compliance with Metrc tracking.
  2. Addressing Discrepancies
    • Any discrepancies found during audits must be addressed promptly. Dispensaries should have protocols in place to investigate and rectify inventory mismatches or reporting errors.

Key Considerations

  • Accuracy: Ensure all reporting data is accurate and submitted on time to avoid penalties and maintain compliance.
  • Employee Training: Regularly train employees on the use of Metrc and the importance of accurate reporting to the PMP.
  • Record-Keeping: Maintain thorough records of all transactions and inventory changes for at least five years, as required by state regulations.

By adhering to these detailed reporting requirements, dispensaries in Mississippi can ensure compliance with state regulations, contribute to a transparent medical cannabis program, and maintain their licenses.

Marketing and Advertising Requirements

Overview

Mississippi has stringent regulations regarding the marketing and advertising of medical cannabis to ensure that promotions are conducted responsibly and do not target minors or encourage overconsumption. Dispensaries must adhere to these rules to maintain compliance and avoid penalties. Here’s a detailed guide to the marketing and advertising requirements for dispensaries in Mississippi.

Prohibited Advertising

  1. Media Restrictions
    • Dispensaries are prohibited from advertising medical cannabis in the following forms of media:
      • Radio
      • Television
      • Unsolicited Internet Pop-Up Advertising
      • Social Media
      • Newspapers
      • Mass Text/Messaging Communications
      • Mass Email Communications
  2. Content Restrictions
    • Advertising content must not contain any of the following:
      • Images or Illustrations Showing Consumption of Cannabis: Any depiction of people using cannabis is prohibited.
      • Promotions of Overconsumption: Ads must not encourage or promote the excessive use of cannabis.
      • Health, Medicinal, or Therapeutic Claims: No claims about the health benefits, medicinal effects, or therapeutic properties of cannabis are allowed.
      • Safety Claims: Advertising cannot suggest that cannabis use is safe or without risks.
      • Images of Cannabis Leaves: Using images of cannabis leaves in advertisements is not permitted.
      • Content Likely to Appeal to Minors: Ads must not include any images or messages designed to attract the attention of minors.

Permitted Branding Activities

  1. Informational Websites and Social Media Presence
    • Dispensaries are allowed to create websites or social media profiles that provide:
      • General Information: Such as contact details, hours of operation, and retail locations.
      • Product Listings: Information about the types of products available, without any promotional content.
  2. Business Directories
    • Dispensaries can be listed in business directories, including:
      • Phone Books
      • Cannabis-Related Publications
      • Medical Publications
  3. Event Sponsorships
    • Dispensaries may sponsor health or not-for-profit charity or advocacy events. However, sponsorships must not promote the consumption of cannabis or make any prohibited claims.

Compliance and Enforcement

  1. Monitoring and Compliance
    • The Mississippi Department of Health will monitor dispensary marketing and advertising activities to ensure compliance with state regulations.
    • Dispensaries found in violation of these rules may face penalties, including fines and potential suspension or revocation of their license.
  2. Employee Training
    • Dispensaries should train their marketing teams and employees on the state’s advertising regulations to prevent inadvertent violations.
    • Regular updates and refreshers on compliance requirements should be provided to all relevant staff.

Key Considerations

  • Responsible Marketing: Focus on providing factual, informative content about your dispensary and products without engaging in promotional activities that violate state regulations.
  • Protecting Minors: Ensure all marketing efforts are designed to prevent exposure to minors and do not appeal to underage individuals.
  • Compliance: Regularly review and stay updated on state regulations to ensure all marketing and advertising activities remain compliant.

By adhering to these marketing and advertising requirements, dispensaries in Mississippi can effectively communicate with their target audience while maintaining compliance with state laws and promoting responsible use of medical cannabis.

Dispensary Licensing

Overview

To operate a medical cannabis dispensary in Mississippi, businesses must meet specific licensing requirements set by the Mississippi Department of Health. This ensures that all dispensaries maintain high standards of operation, security, and compliance. Here’s a detailed guide to the dispensary licensing process in Mississippi.

Minimum License Requirements

  1. Age and Background
    • Applicants must be at least 21 years old.
    • Applicants must not have had a previous cannabis license revoked.
    • Applicants must not have been convicted of a disqualifying felony offense.
  2. Professional Standards
    • If applicable, applicants must hold a professional or occupational license in good standing.
    • Applicants must submit a sworn statement indicating ownership of the entity.
    • Applicants must have no outstanding tax delinquencies owed to the state.
  3. Legislative Restrictions
    • Applicants cannot be members of the Mississippi Senate or House of Representatives through December 31, 2022.
    • Applicants cannot be the spouse of a person serving as a member of the Mississippi Senate or House of Representatives through December 31, 2022.

Dispensary Ownership Limitations

  1. Ownership Cap
    • No individual or business entity may have a direct or indirect ownership or economic interest greater than 10% in more than five medical cannabis dispensary licenses.

Licensing Fees

  1. Application and Renewal Fees
    • One-time non-refundable license application fee: $15,000
    • Annual license fee: $25,000
    • Yearly license renewal fee: $25,000

Dispensary Application Requirements

  1. Application Submission
    • Prospective dispensaries must complete and submit an application to the Mississippi Department of Health for consideration.
  2. Required Information
    • The application must include:
      • The legal name and physical address of the establishment.
      • The name of each principal officer and board member.
      • Operating procedures consistent with rules and regulations for oversight, including record-keeping and security measures.
      • An operations and security plan.
  3. Location Restrictions
    • The physical address of a dispensary cannot be within 1,000 feet of a school, church, or childcare facility without approval and waiver from the relevant licensing agency.
    • Dispensaries must be zoned in a commercial area or an area that permits commercial business operations.

Security Plan Requirements

  1. Alarm System
    • Dispensaries must have a fully operational security alarm system activated at all times when the dispensary is closed for business.
    • The alarm system must:
      • Detect and report unauthorized entry or activity.
      • Quickly notify authorized personnel upon detection.
      • Be programmable for automated detection and notification.
  2. Video Surveillance
    • Dispensaries must have a fully operational video surveillance system capable of producing and printing still photographs from any camera image.
    • Surveillance equipment must include:
      • Digital video recorders.
      • Video monitors.
      • Digital archiving devices.
      • A minimum of one monitor on-premises.
  3. Product Security
    • Dispensaries are responsible for the security of all cannabis products on the premises.
    • High-quality, commercial-grade door locks must be installed on every external door where cannabis products are stored.
    • During non-operating hours, all points of entry must be securely locked, and keys or key codes must be in the possession of authorized personnel only.
    • All cannabis products must be kept in a locked, secured location.

Compliance and Inspections

  1. Regular Inspections
    • The Mississippi Department of Health will conduct regular inspections to ensure dispensaries comply with all licensing and operational requirements.
    • Dispensaries must be prepared to provide access to all areas and records for inspection.
  2. Addressing Violations
    • Any violations found during inspections must be addressed promptly. Failure to comply can result in fines, suspension, or revocation of the dispensary license.

Key Considerations

  • Thorough Preparation: Ensure all documentation and procedures are in place before submitting a license application to avoid delays or rejections.
  • Ongoing Compliance: Regularly review and update security measures, record-keeping practices, and operational procedures to maintain compliance with state regulations.
  • Training: Provide comprehensive training to all employees on compliance requirements, security protocols, and operational procedures.

By adhering to these licensing requirements, dispensaries in Mississippi can establish a legal and compliant operation, ensuring the safety and satisfaction of their patients and maintaining the integrity of the medical cannabis program.

Security Requirements

Overview

Ensuring the safety and security of medical cannabis dispensaries is a top priority in Mississippi. The state mandates comprehensive security measures to prevent theft, unauthorized access, and ensure the overall safety of the premises. Here’s a detailed guide to the security requirements for dispensaries in Mississippi.

Security Plan

  1. Alarm System
    • Dispensaries must have a fully operational security alarm system that is activated at all times when the dispensary is closed for business.
    • The alarm system must:
      • Detect and report any unauthorized entry or activity in areas where cannabis products are present.
      • Quickly notify authorized personnel upon detection of unauthorized entry or activity.
      • Be programmable for automated detection and notification to ensure immediate response.
  2. Video Surveillance
    • Dispensaries are required to have a fully operational video surveillance recording system with the capability of producing and printing still photographs from any camera image.
    • Surveillance equipment must include:
      • Digital video recorders (DVRs)
      • Video monitors
      • Digital archiving devices
      • A minimum of one monitor on-premises to review live and recorded footage
    • The surveillance system must cover all critical areas, including:
      • Entry and exit points
      • Sales areas
      • Storage areas
      • Any area where cannabis products are handled
  3. Lighting
    • Adequate lighting must be maintained inside and outside the facility to support video surveillance and deter criminal activities.
    • Ensure that all entry points, parking areas, and other critical areas are well-lit during non-operational hours.
  4. Secure Locks
    • Dispensaries must install high-quality, commercial-grade door locks on every external door where cannabis products are present.
    • During all hours when the dispensary is not operating, ensure that all points of entry on the premises are securely locked.
    • Keys or key codes to the secured areas must be in the possession of authorized personnel only.
  5. Product Security
    • All cannabis products on the premises must be kept in a locked, secured location when the dispensary is not operating.
    • Ensure that storage areas for cannabis products are designed to prevent unauthorized access and tampering.

Access Control

  1. Restricted Access Areas
    • Access to areas where cannabis products are stored or handled must be restricted to authorized personnel only.
    • Implement access control systems such as keycards, biometric scanners, or PIN codes to limit entry to these areas.
  2. Visitor Control
    • Visitors to the dispensary must be accompanied by an authorized employee at all times in restricted access areas.
    • Maintain a log of all visitors, including their name, time of entry and exit, and purpose of visit.

Incident Reporting

  1. Incident Notification
    • Any security breaches, thefts, or other incidents must be reported to the Mississippi Department of Health within 24 hours of discovery.
    • Provide detailed incident reports, including the circumstances of the incident, corrective actions taken, and any notifications to law enforcement.
  2. Record Retention
    • Maintain records of all security incidents and actions taken for a minimum of five years or as required by state regulations.
    • Ensure that all video surveillance recordings are retained for at least 90 days, and longer if involved in an ongoing investigation.

Employee Training

  1. Security Training
    • Provide comprehensive security training to all employees to ensure they understand and comply with security protocols and procedures.
    • Include training on how to respond to security incidents, use surveillance equipment, and maintain secure access to restricted areas.
  2. Regular Updates
    • Conduct regular training refreshers and updates to keep employees informed of any changes in security requirements or procedures.

Compliance and Inspections

  1. Regular Inspections
    • The Mississippi Department of Health will conduct regular inspections to ensure dispensaries comply with all security requirements.
    • Dispensaries must be prepared to provide access to all security systems and records for inspection.
  2. Addressing Violations
    • Any violations found during inspections must be addressed promptly. Failure to comply can result in fines, suspension, or revocation of the dispensary license.

Key Considerations

  • Robust Security Measures: Implement and maintain comprehensive security measures to protect the dispensary, employees, and cannabis products.
  • Ongoing Compliance: Regularly review and update security protocols to ensure compliance with state regulations.
  • Employee Vigilance: Train employees to be vigilant and proactive in maintaining security and reporting any suspicious activities.

By adhering to these security requirements, dispensaries in Mississippi can ensure a safe and secure environment for their operations, protecting both the business and its customers.

Qualifying Conditions

Overview

Mississippi has established specific medical conditions that qualify patients for the medical cannabis program. These qualifying conditions ensure that medical cannabis is available to those who can benefit from its therapeutic properties. Here’s a detailed guide to the qualifying conditions for obtaining a medical cannabis card in Mississippi.

Qualifying Medical Conditions

To be eligible for a medical cannabis card in Mississippi, patients must be diagnosed with one or more of the following conditions:

  1. Chronic and Severe Conditions
    • Cancer: Medical cannabis can help manage symptoms such as pain, nausea, and loss of appetite associated with cancer and its treatments.
    • Parkinson’s Disease: Cannabis may alleviate symptoms such as tremors, muscle stiffness, and pain.
    • Huntington’s Disease: Patients may find relief from movement disorders and other symptoms.
    • Muscular Dystrophy: Cannabis can help manage muscle pain and spasms.
    • Glaucoma: Cannabis can reduce intraocular pressure and alleviate symptoms.
  2. Neurological Disorders
    • Spastic Quadriplegia: Cannabis can help reduce muscle spasms and improve mobility.
    • Amyotrophic Lateral Sclerosis (ALS): Also known as Lou Gehrig’s disease, cannabis can assist in managing pain and muscle spasticity.
    • Seizures: Including those characteristic of epilepsy, cannabis, especially cannabidiol (CBD), can reduce seizure frequency and severity.
  3. Gastrointestinal Disorders
    • Crohn’s Disease: Cannabis can reduce inflammation and alleviate pain and other symptoms.
    • Ulcerative Colitis: Patients may find relief from pain and inflammation.
  4. Infectious Diseases
    • Positive Status for HIV: Cannabis can help manage symptoms such as pain, nausea, and loss of appetite.
    • Acquired Immune Deficiency Syndrome (AIDS): Cannabis may alleviate symptoms and improve quality of life.
    • Hepatitis: Cannabis can help manage chronic pain and other symptoms associated with hepatitis.
  5. Blood Disorders
    • Sickle-Cell Anemia: Cannabis can assist in managing chronic pain and improving quality of life.
  6. Mental Health Conditions
    • Post-Traumatic Stress Disorder (PTSD): Cannabis can help reduce anxiety, nightmares, and other symptoms associated with PTSD.
    • Autism: Cannabis can assist in managing symptoms such as irritability and aggression.
  7. Degenerative Diseases
    • Alzheimer’s Disease: Cannabis can help manage agitation and other behavioral symptoms associated with dementia.
    • Agitation of Dementia: Cannabis can help reduce agitation and improve quality of life.
  8. Pain Management
    • Pain Refractory to Appropriate Opioid Management: For patients who do not respond to conventional pain treatments, cannabis can provide an alternative for pain relief.
    • Chronic Pain: Cannabis can help manage long-term, severe pain not relieved by other medications.
  9. Neuropathies
    • Diabetic/Peripheral Neuropathy: Cannabis can help alleviate nerve pain associated with diabetes.
  10. Spinal Cord Diseases and Injuries
    • Spinal Cord Disease or Severe Injury: Cannabis can assist in managing chronic pain and muscle spasms.

Terminal and Debilitating Conditions

Patients with chronic terminal or debilitating diseases or medical conditions, or their treatments, that produce one or more of the following symptoms are also eligible:

  1. Cachexia or Wasting Syndrome
    • Severe weight loss and muscle atrophy can be managed with cannabis to stimulate appetite and improve nutritional intake.
  2. Severe or Intractable Nausea
    • Cannabis can help reduce persistent and severe nausea, often associated with chemotherapy or other treatments.
  3. Seizures
    • Including those characteristic of epilepsy, can be managed with cannabis to reduce frequency and severity.
  4. Severe and Persistent Muscle Spasms
    • Including those characteristic of multiple sclerosis (MS), can be alleviated with cannabis.

Application Process

  1. Medical Certification
    • Patients must obtain a certification from a licensed physician confirming the diagnosis of a qualifying medical condition.
    • The physician must complete a Medical Cannabis Physician Certification Form, detailing the patient’s condition and the potential benefits of medical cannabis.
  2. Registration with the Mississippi Department of Health
    • Patients must submit an application to the Mississippi Department of Health, including the physician’s certification, proof of Mississippi residency, and the application fee.
    • Caregivers, if applicable, must also register and provide identification and proof of residency.
  3. Medical Cannabis Card Issuance
    • Upon approval, patients receive a medical cannabis card, allowing them to purchase, possess, and use medical cannabis in accordance with state regulations.
    • The card is typically valid for one year and must be renewed annually.

Key Points

  1. Caregiver Provision
    • Patients may designate a caregiver who can assist with obtaining and administering medical cannabis. Caregivers must also register with the Mississippi Department of Health and meet specific requirements.
  2. Legal Protections
    • Registered patients and caregivers are protected under state law from criminal penalties related to the possession and use of medical cannabis, provided they comply with all regulations.
  3. Access to Products
    • Medical cannabis patients have access to a range of cannabis products, including flower, edibles, oils, and topicals, from licensed dispensaries.
  4. Dosage and Administration
    • Physicians may provide guidance on appropriate dosage and methods of administration based on the patient’s condition and needs.

Compliance and Renewal

  1. Regular Consultations
    • Patients should maintain regular consultations with their certifying physician to monitor the effectiveness of medical cannabis and adjust treatment as necessary.
  2. Renewal Process
    • Patients must renew their medical cannabis card annually by submitting a renewal application and updated physician certification.
  3. Adherence to Limits
    • Patients must adhere to possession and usage limits set by state regulations to maintain legal protections.

Key Considerations

  • Physician Consultation: Ensure a thorough consultation with a licensed physician to determine eligibility and receive proper certification.
  • Documentation: Keep all necessary documents, including medical certification and proof of residency, organized and readily available.
  • Compliance: Adhere to all Mississippi Department of Health regulations and guidelines to maintain eligibility and legal protection as a medical cannabis patient.

By understanding the qualifying conditions and following the application process, patients in Mississippi can access medical cannabis to manage their symptoms and improve their quality of life.

Sales Limitations

Overview

Mississippi imposes specific limitations on the sale of medical cannabis to ensure that products are safe, regulated, and used appropriately by patients. These limitations cover the potency of products, types of items that can be sold, and additional restrictions on non-cannabis items. Here’s a detailed guide to the sales limitations for dispensaries in Mississippi.

THC Content Limits

  1. Flower and Trim
    • Dispensaries are prohibited from selling cannabis flower or trim that contains more than 30% total THC.
    • This ensures that products remain within a potency range considered safe and manageable for medical use.
  2. Tinctures, Oils, and Concentrates
    • Cannabis tinctures, oils, and concentrates must not exceed 60% total THC.
    • High-potency products are regulated to prevent overconsumption and ensure patient safety.
  3. Edible Products
    • Edible cannabis products are also limited to a maximum of 60% total THC.
    • This regulation helps manage dosage and prevent accidental overconsumption, which can be more common with edibles.

Prohibited Items

  1. Non-Cannabis Items
    • Dispensaries cannot sell items that are not cannabis products, such as:
      • Clothing
      • Food and beverages that do not contain cannabis
      • Propane or butane
      • Vaping products that do not contain cannabis
  2. Product Restrictions
    • Mississippi dispensaries are specifically restricted from selling any cannabis product that:
      • Has not passed mandatory testing in a state-licensed testing facility.
      • Is not properly packaged or labeled according to state regulations.
      • Has not been purchased from a licensed cultivator, processor, or another licensed dispensary.
      • Is repackaged from its original packaging as received from the cultivator or processor.
      • Is separated from bundled packages into individual units if they are initially packaged individually by cultivators and processors.

Additional Sales Restrictions

  1. Face-to-Face Transactions
    • All transactions must involve face-to-face verification of the purchaser’s identity and medical cannabis cardholder status.
    • This ensures that only eligible patients or caregivers purchase medical cannabis products.
  2. Prohibited Conduct
    • Dispensaries cannot give away cannabis products, immature cannabis plants, or cannabis seedlings.
    • Sales to non-cardholders are strictly prohibited, ensuring that only registered patients and caregivers can purchase medical cannabis.
  3. Dispensing Practices
    • Mississippi dispensaries cannot sell cannabis products in a manner commonly referred to as “deli style,” where products are selected and packaged at the point of sale.
    • Products must remain in their original packaging as received from the licensed cultivator or processor.

Compliance and Enforcement

  1. Regular Inspections
    • The Mississippi Department of Health will conduct regular inspections to ensure dispensaries comply with all sales limitations and regulations.
    • Dispensaries must be prepared to provide access to all sales records and inventory for inspection.
  2. Addressing Violations
    • Any violations found during inspections must be addressed promptly. Failure to comply can result in fines, suspension, or revocation of the dispensary license.

Key Considerations

  • Regulatory Compliance: Ensure all products meet state-mandated THC content limits and are sourced from licensed suppliers.
  • Accurate Labeling: Maintain strict adherence to packaging and labeling requirements to ensure product safety and transparency.
  • Patient Verification: Implement robust procedures for verifying patient and caregiver identities to prevent unauthorized sales.
  • Regular Training: Train employees on compliance requirements, sales limitations, and the importance of adhering to state regulations.

By understanding and adhering to these sales limitations, dispensaries in Mississippi can operate within the legal framework, ensuring safe and compliant distribution of medical cannabis products to patients.

Dispensary Employees

Overview

The success and compliance of a medical cannabis dispensary in Mississippi depend significantly on its employees. The state has set stringent requirements for hiring, training, and managing dispensary staff to ensure that all operations are conducted safely and legally. Here’s a detailed guide to the requirements and responsibilities of dispensary employees in Mississippi.

Employment Requirements

  1. Age and Background
    • All dispensary employees must be at least 21 years old.
    • Employees must not have been convicted of a disqualifying felony offense. This includes any felony convictions related to the illegal possession, use, or distribution of a controlled substance.
  2. Background Checks
    • Before hiring, dispensaries must conduct a comprehensive background check on each prospective employee.
    • This background check is to verify that the employee does not have a disqualifying felony conviction and is eligible to work in a cannabis dispensary.

Training Requirements

  1. Initial Training
    • All dispensary employees must complete at least five hours of training before they begin performing work tasks for the public.
    • Training must cover essential topics such as:
      • State and local cannabis laws and regulations
      • Dispensary standard operating procedures
      • Security protocols
      • Inventory tracking and reporting requirements
      • Patient verification processes
      • Safe handling and dispensing of cannabis products
  2. Ongoing Training
    • Dispensaries must provide continuous training to keep employees updated on new regulations, product knowledge, and best practices.
    • Regular refresher courses should be conducted to ensure all employees remain compliant with state laws and dispensary policies.

Employee Responsibilities

  1. Patient Verification
    • Employees are responsible for verifying the identity and medical cannabis cardholder status of each patient or caregiver before completing a transaction.
    • Ensure that the patient’s purchases do not exceed the state-mandated limits.
  2. Compliance with Sales Limitations
    • Employees must adhere to all sales limitations, ensuring that no prohibited items are sold and that all products meet the required THC content limits.
    • Accurate record-keeping of all sales transactions is essential for compliance and auditing purposes.
  3. Security and Safety
    • Employees must follow all security protocols, including maintaining secure access to restricted areas and monitoring the premises for any suspicious activity.
    • Report any security breaches, thefts, or other incidents to the appropriate authorities and management immediately.
  4. Inventory Management
    • Employees must use the state’s Metrc system for inventory tracking, ensuring that all cannabis products are accurately logged from receipt to sale.
    • Conduct regular inventory audits and address any discrepancies promptly.

Prohibited Conduct

  1. Unauthorized Sales
    • Employees must not conduct any sales without face-to-face verification of the purchaser’s identity and medical cannabis cardholder status.
    • Sales to non-cardholders or unauthorized individuals are strictly prohibited.
  2. Product Handling
    • Employees cannot repackage cannabis products from their original packaging as received from the cultivator or processor.
    • Separating bundled packages into individual units is not allowed if they are initially packaged individually by cultivators and processors.
  3. Gifting and Samples
    • Employees are not permitted to give away cannabis products, immature cannabis plants, or cannabis seedlings.
    • Dispensaries must not provide free samples or gifts of cannabis products to customers.

Compliance and Enforcement

  1. Regular Audits
    • The Mississippi Department of Health will conduct regular audits and inspections to ensure dispensaries comply with all employee-related regulations.
    • Dispensaries must maintain detailed records of employee training, background checks, and compliance with all employment requirements.
  2. Addressing Violations
    • Any violations related to employee conduct or compliance must be addressed immediately. Failure to comply can result in fines, suspension, or revocation of the dispensary license.

Key Considerations

  • Thorough Screening: Conduct comprehensive background checks to ensure all employees meet state eligibility requirements.
  • Comprehensive Training: Provide thorough initial and ongoing training to keep employees informed and compliant with all regulations.
  • Strict Compliance: Enforce strict adherence to all sales, security, and inventory management protocols to maintain compliance and ensure the safety and integrity of the dispensary.

By adhering to these requirements and responsibilities, dispensaries in Mississippi can ensure their employees are well-prepared, compliant, and capable of providing safe and legal medical cannabis services to patients.

Purchase Limits

Overview

To ensure the safe and responsible use of medical cannabis, Mississippi has established specific purchase limits for medical cannabis cardholders. These limits regulate the amount of cannabis that patients and caregivers can purchase and possess within designated time frames. Here’s a detailed guide to the purchase limits for medical cannabis in Mississippi.

Medical Cannabis Equivalency Units (MMCEUs)

  1. Definition
    • An MMCEU (Mississippi Medical Cannabis Equivalency Unit) is a standardized measurement used to regulate the amount of medical cannabis a cardholder can purchase. One MMCEU is equivalent to:
      • 3.5 grams of marijuana flower
      • 1 gram of cannabis concentrate
      • 100 milligrams of THC in an infused product

Purchase Limits for Resident Cardholders

  1. Seven-Day Period
    • Medical cannabis cardholders may not receive more than 6 MMCEUs (21 grams) from a dispensary or combination of dispensaries during any seven-day period.
  2. Thirty-Day Period
    • Resident cardholders are limited to purchasing no more than 24 MMCEUs (84 grams) during any thirty-day period.

Purchase Limits for Non-Resident Cardholders

  1. Fifteen-Day Period
    • Non-resident medical cannabis cardholders are limited to purchasing no more than 12 MMCEUs (42 grams) from a dispensary or combination of dispensaries during any rolling fifteen-day period.

Compliance with Purchase Limits

  1. Patient Verification
    • Before completing a sale, dispensaries must verify the validity of the patient’s or caregiver’s medical cannabis card.
    • Dispensaries must also verify that the amount of cannabis products the patient or caregiver is requesting does not exceed the applicable MMCEU purchase limit.
  2. Record Keeping
    • Dispensaries are required to enter detailed patient information into their electronic tracking system, including:
      • The amount of product sold
      • General sales information
      • Product dispensing information
      • Patient identification details

Electronic Tracking System

  1. Metrc System
    • Dispensaries must use the state-mandated Metrc system to track all cannabis inventory and sales transactions.
    • The system helps ensure compliance with purchase limits by providing real-time tracking of product movement and sales data.
  2. Reporting Requirements
    • Dispensaries must report all sales to the Metrc system either at the end of the day or in real-time to maintain accurate records and prevent exceeding purchase limits.

Key Points

  1. Enforcement and Compliance
    • The Mississippi Department of Health conducts regular audits and inspections to ensure dispensaries comply with purchase limits and other regulations.
    • Dispensaries found in violation of purchase limits may face penalties, including fines and potential suspension or revocation of their license.
  2. Educating Patients
    • Dispensaries should educate patients and caregivers about the state’s purchase limits to ensure they understand and comply with these regulations.
    • Clear communication about the equivalency units and the allowable purchase amounts is essential for maintaining compliance.

Addressing Violations

  1. Prompt Rectification
    • Any violations of purchase limits identified during audits or inspections must be addressed immediately.
    • Dispensaries should have procedures in place to investigate and rectify any discrepancies or violations promptly.
  2. Penalties for Non-Compliance
    • Failure to adhere to purchase limits can result in significant penalties, including fines, suspension, or revocation of the dispensary’s license.

Key Considerations

  • Patient Tracking: Utilize the Metrc system effectively to track patient purchases and ensure compliance with state-mandated limits.
  • Training: Regularly train staff on the importance of adhering to purchase limits and how to use the electronic tracking system accurately.
  • Communication: Maintain open communication with patients and caregivers about their purchase limits to prevent any inadvertent violations.

By understanding and adhering to these purchase limits, dispensaries in Mississippi can ensure compliance with state regulations, provide safe and effective service to patients, and maintain the integrity of the medical cannabis program.

Dispensing Cannabis

Overview

Dispensing medical cannabis in Mississippi requires strict adherence to state regulations to ensure that products are distributed safely and legally to eligible patients and caregivers. Dispensaries must follow detailed procedures for verifying patient information, tracking sales, and ensuring compliance with state laws. Here’s a detailed guide to the requirements for dispensing cannabis in Mississippi.

Verification Process

  1. Validating Patient Information
    • Before a dispensary can sell its products, it must verify the validity of the patient’s or caregiver’s medical cannabis card.
    • Ensure that the card is current and matches the identification of the person presenting it.
  2. Checking Purchase Limits
    • Verify that the amount of cannabis products the patient or caregiver is requesting does not exceed the applicable Mississippi Medical Cannabis Equivalency Units (MMCEU) purchase limit.
    • Check the patient’s purchase history in the electronic tracking system to ensure compliance with the seven-day and thirty-day limits for residents, and the fifteen-day limit for non-residents.

Electronic Tracking System

  1. Metrc System
    • Dispensaries must use the Metrc system to track all cannabis inventory and sales transactions.
    • Enter patient information into the system, including:
      • The amount of product sold
      • General sales information
      • Product dispensing information
      • Patient identification details
  2. Real-Time Reporting
    • Sales must be reported to Metrc either in real-time or at the end of the day to maintain accurate records and ensure that purchase limits are not exceeded.

Product Handling and Packaging

  1. Original Packaging
    • Mississippi dispensaries cannot repackage cannabis products from their original packaging as received from the cultivator or processor.
    • Products must remain in their original, tamper-evident packaging until they are dispensed to the patient or caregiver.
  2. Bundled Packages
    • Dispensaries are not allowed to separate bundled packages into individual units if they are initially packaged individually by cultivators and processors.
    • This ensures that product integrity and safety are maintained.
  3. “Deli Style” Sales Prohibited
    • Selling cannabis products in a “deli style” manner, where products are selected and packaged at the point of sale, is prohibited.
    • All products must be sold in their original packaging to ensure compliance with state regulations.

Record-Keeping Requirements

  1. Detailed Records
    • Maintain detailed records of all transactions, including:
      • Date and time of sale
      • Patient or caregiver information
      • Product details (type, quantity, and THC content)
    • These records must be readily available for inspection by the Mississippi Department of Health.
  2. Retention Period
    • All transaction records must be kept for a minimum of five years or as required by state regulations.
    • Ensure records are stored securely and are easily accessible for audits and inspections.

Compliance and Inspections

  1. Regular Audits
    • The Mississippi Department of Health will conduct regular audits and inspections to ensure dispensaries comply with all dispensing regulations.
    • Be prepared to provide access to all sales records, inventory data, and patient information during inspections.
  2. Addressing Violations
    • Any violations identified during audits must be addressed immediately.
    • Implement corrective actions to rectify discrepancies and prevent future violations.

Prohibited Conduct

  1. Unauthorized Transactions
    • Dispensaries cannot conduct any transactions without face-to-face verification of the purchaser’s identity and cardholder status.
    • Selling to non-cardholders or unauthorized individuals is strictly prohibited.
  2. Unapproved Products
    • Dispensaries cannot sell any cannabis product that has not passed mandatory testing in a state-licensed testing facility.
    • Products that are not properly packaged or labeled according to state regulations cannot be sold.
  3. Giving Away Products
    • Giving away cannabis products, immature cannabis plants, or cannabis seedlings is prohibited.
    • This includes providing free samples or promotional giveaways.

Key Considerations

  • Strict Verification: Implement robust procedures for verifying patient and caregiver information to ensure compliance with state laws.
  • Accurate Tracking: Utilize the Metrc system effectively to track all sales and inventory, ensuring real-time reporting and adherence to purchase limits.
  • Compliance Focus: Train employees on the importance of compliance with all dispensing regulations and the consequences of non-compliance.

By adhering to these detailed requirements for dispensing cannabis, dispensaries in Mississippi can ensure they operate within the legal framework, provide safe and effective service to patients, and maintain their licenses.

Prohibited Conduct

Overview

Mississippi has established clear regulations to ensure that cannabis dispensaries operate within legal and ethical boundaries. Understanding and adhering to these rules is crucial for maintaining a dispensary license and ensuring the safe distribution of medical cannabis. Here’s a detailed guide to the prohibited conduct for dispensaries in Mississippi.

Prohibited Activities

  1. Unauthorized Transactions
    • Face-to-Face Verification Required: All transactions must involve face-to-face verification of the purchaser’s identity and medical cannabis cardholder status.
    • No Sales to Non-Cardholders: Selling cannabis products to individuals who are not registered cardholders or authorized caregivers is strictly prohibited.
  2. Non-Compliant Products
    • Unapproved Cannabis Products: Dispensaries cannot sell any cannabis product that has not passed mandatory testing in a state-licensed testing facility.
    • Improper Packaging: Products that are not properly packaged or labeled according to state regulations cannot be sold.
  3. Repackaging and Handling
    • Repackaging Prohibited: Dispensaries cannot repackage cannabis products from their original packaging as received from the cultivator or processor.
    • Separation of Bundled Packages: It is prohibited to separate bundled packages into individual units if they were initially packaged individually by cultivators and processors.
    • No “Deli Style” Sales: Selling cannabis products in a manner commonly referred to as “deli style,” where products are selected and packaged at the point of sale, is prohibited.
  4. Free Distribution
    • No Giveaways: Dispensaries cannot give away cannabis products, immature cannabis plants, or cannabis seedlings. This includes providing free samples or promotional giveaways.

Advertising and Marketing Restrictions

  1. Prohibited Marketing Practices
    • Misleading Claims: Advertisements cannot contain any statements or illustrations that:
      • Promote overconsumption of cannabis
      • Make any health, medicinal, or therapeutic claims about cannabis
      • Make safety claims regarding cannabis use
      • Include the image of a cannabis leaf or any content designed to appeal to minors
    • Media Restrictions: Dispensaries are prohibited from marketing or advertising in any form of media, including radio, television, unsolicited internet pop-up advertising, social media, newspapers, mass text/messaging communications, and mass email communications.
  2. Permitted Branding Activities
    • Informational Content: Dispensaries can create websites or social media profiles that provide general information about contact details, retail locations, and available products.
    • Business Directories: Listings in business directories, such as phone books and cannabis-related or medical publications, are allowed.
    • Event Sponsorships: Dispensaries may sponsor health or not-for-profit charity or advocacy events, provided the sponsorship does not promote the consumption of cannabis or make prohibited claims.

Security and Access

  1. Restricted Areas
    • Limited Access: Access to areas where cannabis products are stored or handled must be restricted to authorized personnel only.
    • Visitor Control: Visitors to the dispensary must be accompanied by an authorized employee at all times in restricted access areas.
  2. Incident Reporting
    • Security Breaches: Any security breaches, thefts, or other incidents must be reported to the Mississippi Department of Health within 24 hours.
    • Detailed Reporting: Provide detailed incident reports, including the circumstances of the incident, corrective actions taken, and notifications to law enforcement if applicable.

Employee Conduct

  1. Background Checks
    • Employee Screening: Dispensaries must conduct comprehensive background checks on all employees to ensure they do not have disqualifying felony convictions.
    • Training: Provide thorough initial and ongoing training to employees on state regulations, security protocols, and compliance requirements.
  2. Prohibited Actions
    • Unauthorized Access: Employees must not allow unauthorized individuals to access restricted areas or handle cannabis products.
    • Sales Conduct: Employees cannot conduct any sales without verifying the purchaser’s identity and cardholder status.

Compliance and Enforcement

  1. Regular Audits
    • State Inspections: The Mississippi Department of Health will conduct regular audits and inspections to ensure compliance with all regulations.
    • Record Keeping: Maintain detailed records of all transactions, inventory, and employee training for at least five years or as required by state regulations.
  2. Addressing Violations
    • Immediate Rectification: Any violations identified during audits or inspections must be addressed immediately. Implement corrective actions to rectify discrepancies and prevent future violations.
    • Penalties for Non-Compliance: Failure to adhere to prohibited conduct regulations can result in significant penalties, including fines, suspension, or revocation of the dispensary’s license.

Key Considerations

  • Strict Adherence: Ensure all employees understand and adhere to the prohibited conduct regulations to maintain compliance and avoid penalties.
  • Comprehensive Training: Regularly train employees on compliance requirements, prohibited conduct, and the importance of following state regulations.
  • Vigilant Monitoring: Continuously monitor dispensary operations to ensure all activities comply with state laws and regulations.

By understanding and adhering to these prohibited conduct regulations, dispensaries in Mississippi can operate within the legal framework, ensure the safety and security of their operations, and maintain their licenses.

MS Laws FAQs

Overview

Navigating Mississippi’s cannabis laws can be complex. To help dispensary operators and patients understand these regulations, we’ve compiled answers to some frequently asked questions. This section covers key aspects of the state’s cannabis laws, including legality, taxation, purchase limits, and compliance requirements.

Frequently Asked Questions

  1. Is marijuana legal in Mississippi?
    • Currently, cannabis and cannabinoids like CBD are only legal for medical use in Mississippi. Recreational cannabis legalization remains off the ballot.
  2. How is medical marijuana taxed in Mississippi?
    • Medical marijuana is subject to state and local sales taxes. Dispensaries must collect and remit these taxes according to state guidelines. The exact tax rate can vary, so it’s essential for dispensaries to stay updated with the Mississippi Department of Revenue for any changes.
  3. How much medical marijuana can I legally purchase in Mississippi?
    • Medical cardholders are limited to purchasing no more than 6 MMCEUs (21 grams) from a dispensary or combination of dispensaries during any seven-day period. Resident cardholders are limited to 24 MMCEUs (84 grams) during any thirty-day period, while non-resident cardholders are limited to 12 MMCEUs (42 grams) during any rolling fifteen-day period.
  4. What is the Mississippi Medical Cannabis Equivalency Unit (MMCEU)?
    • An MMCEU is a standardized measurement for medical cannabis. One MMCEU is equivalent to:
      • 3.5 grams of marijuana flower
      • 1 gram of cannabis concentrate
      • 100 milligrams of THC in an infused product
  5. What track-and-trace system does Mississippi use?
    • Mississippi uses Metrc as its seed-to-sale tracking system. This system ensures that all cannabis products are tracked from cultivation to sale, maintaining transparency and compliance with state regulations.
  6. What is the Prescription Monitoring Program (PMP)?
    • The Prescription Monitoring Program (PMP) is a state-run program that monitors the dispensing of medical cannabis to ensure that patients do not exceed their purchase limits and that all transactions are tracked. Dispensaries must report all sales to the PMP every 24 hours.
  7. Can dispensaries advertise their products?
    • Dispensaries in Mississippi are prohibited from advertising in any form of media, including radio, television, social media, and newspapers. However, they can create informational websites or social media profiles that provide general information about contact details, retail locations, and available products.
  8. What are the security requirements for dispensaries in Mississippi?
    • Dispensaries must implement comprehensive security measures, including alarm systems, video surveillance, and secure storage for cannabis products. Access to restricted areas must be limited to authorized personnel, and all security breaches must be reported to the Mississippi Department of Health within 24 hours.
  9. How can a patient qualify for medical cannabis in Mississippi?
    • Patients must have one or more qualifying medical conditions, such as cancer, HIV/AIDS, Parkinson’s disease, chronic pain, or PTSD. They must obtain a certification from a licensed physician and apply for a medical cannabis card from the Mississippi Department of Health.
  10. Are there specific packaging and labeling requirements for cannabis products?
    • Yes, all cannabis products must be packaged in tamper-evident, child-resistant containers. Labels must include detailed information such as product name, cannabinoid content, batch number, expiration date, and health warnings.
  11. Can dispensaries sell cannabis products in any packaging?
    • No, dispensaries cannot repackage cannabis products from their original packaging as received from the cultivator or processor. Products must remain in their original packaging to ensure product safety and compliance with state regulations.
  12. What are the responsibilities of dispensary employees?
    • Dispensary employees must be at least 21 years old, pass a background check, and complete at least five hours of initial training. They are responsible for verifying patient information, adhering to sales limitations, following security protocols, and accurately tracking inventory.

Key Considerations

  • Stay Informed: Regularly check for updates to Mississippi’s cannabis laws and regulations to ensure ongoing compliance.
  • Maintain Compliance: Adhere to all state guidelines regarding sales, advertising, security, and employee training to avoid penalties and maintain your license.
  • Educate Patients: Provide clear information to patients about their rights, purchase limits, and the qualifying conditions for medical cannabis.

By understanding these frequently asked questions and their answers, dispensary operators and patients can navigate Mississippi’s cannabis laws more effectively and responsibly.

Disclaimer: The material contained on this website and any attached or referenced pages has been compiled by UZIO for informational purposes only. It is not intended to be and is not considered to be legal advice. This post is current as of [28-June-2024]. Cannabis regulations are rapidly changing, and legal advice of any nature should be sought from legal counsel.

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