Mississippi Marijuana Dispensary Laws

PUBLISHED MARCH 12, 2021 

In January 2020, a citizen-initiated measure, Medical marijuana 2020, to legalize medical marijuana in Mississippi qualified for the November 2020 ballot as measure 65, and it was overwhelmingly approved by 74% of voters. There have been some legislative issues recently, but the state is working hard to implement its medical marijuana program by summer 2021.

Under Mississippi’s cannabis dispensary laws, The Mississippi State Department of Health is in charge of planning out all the requirements to implement a successful medical marijuana program for the state and will be regulating all laws and licensing requirements for the same. All Medical Marijuana Treatment Centers will be registered with, licensed, and regulated by the Mississippi Department of Health. MSDH has started working on establishing production and licensing structures in time for the target date of August 15, 2021. Initiative 65 requires that regulations and laws for all aspects of the medical marijuana program, including cannabis production and licensing for medical marijuana sales, must be in place by July 1, 2021. The state has not put any limit on the number of legal licenses that will be awarded, and the medical marijuana market in Mississippi is expected to grow rapidly once laws are implemented. Keep checking the MSDH website for updated information on the state’s medical-marijuana program.

Below, we’ve provided answers to as many questions as possible relating to Mississippi’s medical dispensary laws and licensing process. We will continue to update this page as new information becomes available. This page is informational only and should not be considered legal advice.

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Mississippi Cannabis Laws

An overview of the medical and recreational marijuana laws in Mississippi

Who can purchase cannabis in Mississippi and what are the limits?

Mississippi residents approved Initiative 65 in the November 2020 election, which legalizes only the use of medical cannabis as a treatment for 22 qualifying debilitating conditions. Qualifying patients, regardless of age, are allowed to possess up to 2.5 ounces of cannabis every 2 weeks. The MSDH is setting up a process for physicians to recommend medical marijuana to patients with certain debilitating conditions and allow such patients or their caregivers to purchase and possess cannabis as medicine.  Marijuana can be consumed at the patient’s discretion but at no one time shall a qualified patient possess more than 2.5 ounces of medical marijuana to prepare edible products, topicals, ointments, oils, tinctures, or other products.

Possession of up to 30 grams of cannabis or 10 grams of synthetic cannabinoids, without a qualifying medical patient card, is punishable by a fine of $100 to $250 for the first offense, and penalties are higher for any subsequent offenses.

Are there any qualifying conditions for medical marijuana patients in Mississippi?

Patients with the following conditions can qualify for medical marijuana use in Mississippi:

  • Acquired Immune Deficiency Syndrome
  • Agitation of dementias
  • Amyotrophic lateral sclerosis
  • Autism with aggressive or self-injurious behaviors
  • Cachexia
  • Cancer
  • Chronic or debilitating pain
  • Crohn’s disease
  • Epilepsy, or other seizures
  • Glaucoma
  • Huntington’s disease
  • Intractable nausea
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Pain refractory to appropriate opioid management
  • Parkinson’s disease
  • Positive status for Human Immunodeficiency virus
  • Post-Traumatic Stress Disorder
  • Severe muscle spasticity
  • Sickle-cell Anemia
  • Spinal cord disease or severe injury
  • Ulcerative Colitis

Or another medical condition of the same kind or class as those enumerated and for which a physician believes the benefits of using medical marijuana would reasonably outweigh potential health risks.

Check out this comprehensive list of FAQs on Mississippi’s medical marijuana program.

Is home cultivation allowed in Mississippi?

No. Qualified patients may only obtain medical marijuana from licensed Medical Marijuana Treatment Centers.

Although marijuana was decriminalized in some form decades ago in Mississippi, cultivation is still prohibited and is punishable based upon the aggregate weight of the plants found with a person, corresponding to possession over the legal limit. Consumption only for medical use is legal, but medical marijuana cultivation is not allowed either.

Where can marijuana be consumed in Mississippi?

Mississippi medical marijuana users may only consume approved medical cannabis in the privacy of their homes.

Medical Cannabis Dispensary Licensing in Mississippi

Everything you need to know about opening a medical cannabis business in Mississippi.

What state agency is in charge of cannabis licensing in Mississippi?

The Mississippi State Department of Health (MSDH) is in charge of awarding licenses for medical marijuana dispensaries (Medical Marijuana Treatment Centers) but currently, no applications are being accepted as it is still in the process of implementing the medical marijuana program, and has not released any regulations or licensed any providers at this time. All cannabis licensing regulations and requirements are expected to be released by July 1, 2021.

Who can apply for a Marijuana business license?

A medical marijuana business is one that has applied for and received a license from the Mississippi Department of Health to cultivate, process, test, or sell medical marijuana. This may include cultivation facilities, testing facilities, and dispensing centers (Medical Marijuana Treatment Centers) where patients can purchase the medicine.

No specific requirements for qualifying individuals or companies have been released yet, but anyone applying for a marijuana business license does not necessarily need to be a resident of Mississippi. 

What is the process for obtaining a marijuana medical business license in Mississippi?

A licensing system has not yet been established, the MSDH is not currently accepting requests for medical dispensary licenses. Look for licensing requirements and other details on the MSDH website as they are developed. However, if a company plans to apply for medical marijuana dispensary licensure through the Mississippi State Department of Health for any aspect of the Medical Marijuana Program, potential applicants must be proactive and can take start taking steps now.

Business registration with the Mississippi Secretary of State is anticipated to be the first step in applying for the Medical Marijuana Program license. When forming a Mississippi company, or registering a foreign company to do business in Mississippi, potential applicants must register with the Mississippi Secretary of State’s Office. As a part of this registration, entities are required to select a NAICS Code as part of the formation or registration. If the company is interested in being licensed as a part of the Medical Marijuana Program, the applicable NAICS Codes are 111419, 424590, 453998, and 111998. Applicants should choose from one of those available codes in order to complete the registration of their medical marijuana business in Mississippi.

We'll update more details on the application process as they are released.

Mississippi Medical Cannabis Establishment Laws

Learn how to remain compliant with Mississippi’s medical marijuana laws.

Where can a Marijuana Treatment Center be located?

Medical Marijuana Treatment centers must be zoned and treated like pharmacies. No marijuana treatment center can be located within 500 feet of a school, church, or licensed child care center. Local zoning ordinances must not impair the availability of and reasonable access to medical marijuana, and zoning can't be any more restrictive on them than it is on regular retail pharmacies. Hence, most pharmacy regulations will apply to medical marijuana dispensaries as well.

Whom can Mississippi marijuana dispensaries sell to?

Licensed marijuana dispensaries may sell cannabis to qualifying patients or their caregivers with a valid medical marijuana patient card that serves as identification for qualified patients and caregivers that employees of Medical Marijuana Treatment Centers must verify. Medical Marijuana ID Cards are required for patients to purchase their medicine and will allow dispensaries to track the amounts purchased within the medical marijuana database, which each Medical Marijuana Treatment Center will have to use to dispense medication to patients.

What products can a Mississippi marijuana dispensary sell?

Marijuana products can be sold in varying forms, including flowers, beverages, topicals, patches, tinctures, sprays, juices, smoke joints, vapes, edibles, capsules, lozenges, creams, and ointments.  Offering medical marijuana in multiple forms allows patients to utilize their treatment in the way that works best for them. The preferred method will depend upon patients’ preferences for ingestion, and the type of pain and symptoms they wish to alleviate.

What are the training requirements for employees of Medical Marijuana Dispensaries?

The Mississippi Department of Health will regulate requirements for employees of Medical Marijuana Treatment Centers.  Employees will be able to assist each patient at the Medical Marijuana Treatment Centers to help them find and choose what may work best for them.

What taxes are collected on medical cannabis in Mississippi?

Mississippi state sales tax rate of 7% would apply to purchases of medical cannabis, with local municipalities permitted to impose an additional 1% tax. Tax revenues will be used exclusively to fund the medical marijuana program itself.

The program will also generate revenue for the state through medical cards (which should cost no more than $50) and licensing fees for businesses.

Will the number of medical marijuana businesses in the state be limited?

No. INITIATIVE 65 is pro-small businesses in Mississippi. Mississippi medical marijuana is a free market, and there will not be a limit imposed on marijuana business licenses. However, each medical marijuana business will have to apply to and be approved and licensed by the Mississippi Department of Health.

What are the application fees and licensing requirements for medical dispensaries in Mississippi?

  • The application and license fees will be determined for all license types once the initiative is passed into law, pending a Supreme Court hearing.

  • The health department will adopt final rules and regulations by July 1, 2021. The rules and regulations may not limit the number of medical marijuana treatment centers.

  • The department shall begin issuing identification cards and treatment center licenses by August 15, 2021.

Cannabis Tracking and Reporting in Mississippi

Every regulated cannabis market has its tracking and reporting requirements. Find out how Mississippi monitors commercial cannabis activity.

What are the tracking, reporting, and inventory control requirements for Mississippi marijuana dispensaries?

Most states require dispensaries and cannabis stores to track and trace all of their cannabis products for regulatory and compliance reporting requirements. Records identifying the source of each ingredient must include the date of receipt of the ingredient, vendor’s name and address, name of the ingredient, etc. The vendor’s batch number, lot number of the product, and control number used to identify all components in the marijuana product(s), as well as the grade and quantity, must be mentioned in inventory reports.

What is Mississippi’s official cannabis monitoring system?

Mississippi has not appointed an official cannabis monitoring system yet, and may initially have its own tracking and reporting system.

Is Cova compliant with Mississippi’s medical marijuana reporting requirements?

Yes. Cova has extensive experience in providing compliant dispensary POS systems to cannabis dispensaries all over the US and its Cannabis Dispensary POS Software and inventory management system always stay ahead of compliance with all the features needed to keep marijuana treatment centers compliant, including:

  • ID scanner for age and card verification
  • Integrated inventory and sales tracking and reporting
  • Built-in product equivalency conversions and purchase limit enforcement.
ron-segev

RON SEGEV

Cannabis Business Lawyer & Founding Partner, Segev LLP

Legally reviewed by

RON SEGEV

Ron Segev is the founding partner of Segev LLP. A practical-minded business lawyer with expertise in the cannabis industry, he represents cultivators, dispensaries, CBD extractors, oil extractors, food processors, media and marketing companies, consultancies, and other businesses in the legal cannabis market.

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