Medical Cannabis in Mississippi
The passage of the Mississippi Medical Cannabis Act marked a significant milestone in the State's legislative landscape, introducing a new framework for the use and distribution of medical cannabis. This development brings with it a host of legal considerations for patients, healthcare providers, and businesses looking to navigate this emerging sector.
Under the Mississippi Medical Cannabis Act, individuals with a “debilitating medical condition” who obtain a recommendation from a licensed healthcare provider may apply for a medical cannabis card with the Mississippi Department of Health. The Act list the following as a “debilitating medical condition(s)”:
Cancer
Parkinson's disease
Huntington's disease
muscular dystrophy
glaucoma
spastic quadriplegia
positive status for human immunodeficiency virus (HIV)
acquired immune deficiency syndrome (AIDS)
hepatitis
amyotrophic lateral sclerosis (ALS)
Crohn's disease
ulcerative colitis
sickle-cell anemia
Alzheimer's disease
agitation of dementia
post-traumatic stress disorder (PTSD)
autism
pain refractory to appropriate opioid management
diabetic/peripheral neuropathy
spinal cord disease or severe injury
A chronic, terminal or debilitating disease or medical condition, or its treatment, that produces one or more of the following: cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, or severe and persistent muscle spasms, including, but not limited to, those characteristic of multiple sclerosis
Any other serious medical condition or its treatment added by the Mississippi Department of Health
Purchase and possession limits are based off of Mississippi Medical Cannabis Equivalency Units (MMCEUs). One MMCEU equals 3.5 grams of medical cannabis flower; 1 gram of medical cannabis concentrate; or 100 milligrams of THC in an infused product. Unless further limited by their certifying doctor, resident patients will be limited to purchasing 6 MMCEUs per week and 24 MMCEUs in a rolling 30 day period. Nonresident patients will be limited to purchasing 6 MMCEUs per week and 12 MMCEUs in a rolling 14 day period. The possession limit for resident cardholders is 28 MMCEUs. The possession limit for nonresident cardholders is 14 MMCEUs.
The Mississippi Medical Cannabis Act provides the following protections to those with a medical cannabis card:
The purchase, transportation, and possession of up to the allowable amount of medical cannabis is lawful. (Section 41-137-9 of the Mississippi Code of 1972, as Amended).
Any medical cannabis, cannabis product, equipment used to ingest medical cannabis, or other interest in or right to property that is possessed, owned or used in connection with the medical use of medical cannabis as authorized by this chapter, or acts incidental to such use, shall not be seized or forfeited. (This does not prevent the seizure or forfeiture of medical cannabis exceeding the allowable amounts of medical cannabis, nor shall it prevent seizure or forfeiture if the basis for the action is unrelated to the medical cannabis that is possessed, processed, transferred or used pursuant to Act). (Section 41-137-9 of the Mississippi Code of 1972, as Amended).
Possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion; be used to support a search of the person or property of the person possessing or applying for the registry identification card; or subject the person or property of the person to inspection by any governmental agency. (Section 41-137-9 of the Mississippi Code of 1972, as Amended).
All contract entered into related to medical cannabis shall be enforceable and they shall not be unenforceable because cannabis is still illegal under federal law. (Section 41-137-9 of the Mississippi Code of 1972, as Amended).
An applicant for a professional or occupational license shall not be denied a license based on previous employment related to lawful medical cannabis activities. (Section 41-137-9 of the Mississippi Code of 1972, as Amended).
A person shall not be denied custody of or visitation rights or parenting time with a minor solely for the person's status as a cardholder. (Section 41-137-15 of the Mississippi Code of 1972, as Amended).
No school, landlord or employer may be penalized or denied any benefit under state law for enrolling, leasing to or employing a cardholder. (Section 41-137-15 of the Mississippi Code of 1972, as Amended).
A registered qualifying patient or registered designated caregiver shall not be denied the right to own, purchase or possess a firearm, firearm accessory or ammunition based solely on his or her status as a registered qualifying patient or registered designated caregiver. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, firearm accessory or ammunition or any related firearms license or certification based solely on his or her status as a registered qualifying patient or registered designated caregiver. (Section 41-137-15 of the Mississippi Code of 1972, as Amended).
Facilities such as schools, child care facilities and temporary care providers shall be allowed to administer medical cannabis in the same manner as with medical prescriptions. (Section 41-137-15 of the Mississippi Code of 1972, as Amended).
Any person or establishment that is in lawful possession of property may allow a guest, client, customer or other visitor to use medical cannabis on or in that property. (Section 41-137-19 of the Mississippi Code of 1972, as Amended).
A landlord may, but shall not be required to, allow the lawful cultivation, processing, testing, research, sale or use of medical cannabis on rental property. (Section 41-137-19 of the Mississippi Code of 1972, as Amended).
There is no employer requirement to permit or accommodate, or allow the use of medical cannabis; and nothing prohibits any employer from refusing to hire or discharging an individual as a result of that individual’s medical cannabis use. (Section 41-137-13 of the Mississippi Code of 1972, as Amended).
An individual with a medical cannabis card is not allowed to possess more than he or she is allowed to under the Act, nor is he or she allowed to operate a motor vehicle while impaired from the use of medical cannabis. Furthermore, the act of smoking or vaping while in a public place or in a motor vehicle is prohibited. (Section 41-137-13 of the Mississippi Code of 1972, as Amended).
Businesses entering the medical cannabis market must navigate a complex array of licensing requirements, operational regulations, and compliance standards. From seed to sale, each step of the process is regulated to ensure product safety and integrity. Businesses should seek legal counsel to ensure they understand and comply with the Act's provisions, including security requirements, labeling and packaging standards, and restrictions on advertising and marketing. For healthcare providers, understanding the legal framework surrounding medical cannabis is crucial. Providers must adhere to strict guidelines when recommending cannabis to patients, ensuring that all legal requirements are met. This includes maintaining detailed records and staying informed about the latest regulatory developments.
As with any emerging legal area, the Mississippi Medical Cannabis Act presents potential challenges and legal disputes. These may include issues related to licensing, compliance audits, and conflicts between state and federal law regarding cannabis. Patients, providers, and businesses may find themselves in need of legal assistance to address these challenges and protect their rights under the Act.
The Mississippi Medical Cannabis Act represents a significant step forward in the state's approach to medical cannabis. By providing a legal framework for the use and distribution of medical cannabis, the Act aims to improve the quality of life for patients with debilitating conditions. However, navigating the regulatory landscape requires careful attention to legal details and compliance. Whether you are a patient seeking relief, a healthcare provider, or a business looking to enter the medical cannabis market, it is crucial to stay informed and seek expert legal guidance to navigate the complexities of the Mississippi Medical Cannabis Act.
