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Cannabis in Mississippi

In 2014, House Bill 1231 (HB 1231) was passed in Mississippi. The law included a section known as Harper Grace’s Law that allowed for the possession and use of cannabis oil containing high concentrations of CBD for patients diagnosed with a debilitating epileptic condition or related illness.

The high-CBD, low-THC cannabis oil allowed under HB 1231 had to be obtained from or tested by the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.

Residents of Mississippi voted to legalize medical marijuana on November 3, 2020. However, the state’s Supreme Court struck down the medical cannabis law enacted by voters in May 2021 ruling that petitioners did not adhere to the state’s ballot initiative process, so the initiative should not have appeared on voter’s ballots.

It wasn’t until February 2, 2022 that Gov. Tate Reeves (Rep.) signed a bill (SB 2095) that legalized medical cannabis effective immediately – albeit with more restrictions than what voters approved at the ballot box in 2020.

Overview of Key Mississippi Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? No

Personal Laws

Currently, while not completely decriminalized, people in Mississippi can possess cannabis within certain limitations. Specifically, Mississippians can possess 30 grams or less of cannabis and only have to pay a maximum fine of $250 for their first offense (only the first offense is not considered a misdemeanor – possession or larger amounts is considered a felony).

Personal Possession

Registered Medical Patient Possession: Possession and purchase limits are calculated based on “Medical Cannabis Equivalency Units” (MCEUs) equal to 3.5 grams of flower, 1 gram of concentrate, or 100 mg of THC in an infused product. Based on MCEUs, a registered medical cannabis patient can access 1 MCEU of flower (3.5 grams), 1 MCEU of concentrate (1 gram), or 1 MCEU of an infused product (100 mg of THC in the product). Patients can purchase up to six MCEUs per week (21 grams, which is less than 0.75 oz.) and 24 MCEUs per month (84 grams, which is less than 3 oz.). Patients may not possess more than 28 MCEUs at one time (98 grams, which is less than 3.5 oz.).

Personal Growing

Personal growing is not allowed in Mississippi.

Medical Cannabis Patient Qualification and Registry

Patients can access medical marijuana with a prescription from a medical professional who prescribes within the scope of their practice during an in-person office visit. The patient must already have an established relationship with the medical professional. For patients age 25 or younger, only a doctor of medicine (M.D.) or a doctor of osteopathic medicine (D.O.) can prescribe medical cannabis, and patients under the age of 18 must have consent from a parent or a legal guardian.

Qualifying medical conditions include:

  • Cancer
  • Parkinson’s
  • Huntington’s
  • Muscular dystrophy
  • Glaucoma
  • Spastic quadriplegia
  • HIV
  • AIDS
  • Hepatitis
  • Amyotrophic lateral sclerosis (ALS)
  • Crohn’s
  • Ulcerative colitis
  • Sickle cell anemia
  • Alzheimer’s
  • Agitation of dementia
  • PTSD
  • Autism
  • Pain refractory to opioid management
  • Diabetic/peripheral neuropathy
  • Spinal cord disease or severe injury to the spine
  • A chronic medical condition (or its treatment) that produces either cachexia or wasting, severe nausea, seizures, severe and persistent muscle spasms, or chronic pain — which is defined as, “a pain state in which the cause of the pain cannot be removed or otherwise treated, and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts by a practitioner.”

Business Laws

There will not be a limit on the number of dispensary licenses issued in Mississippi. Flower may not exceed 30% THC. Tinctures, oils, and concentrates may not exceed 60% THC. The Mississippi State Department of Health will have primary regulatory authority. An individual or business may not have more than 10% ownership interest in more than one cultivation license, one processing licenses, and up to four dispensaries.

License Types

  • Dispensary
  • Cultivation facility: There will be two types of cultivation licenses: micro-cultivator and cultivator. Micro-cultivator licenses will be divided into two tiers for facilities with canopies up to 1,000 square feet. Cultivator licenses will be divided into multiple tiers based on the canopy size up to tier 6 for cultivators with at least 100,000 square feet of canopy.
  • Processing facility
  • Cannabis transportation entity
  • Disposal entity
  • Testing facility
  • Research facility

License Fees

  • Dispensary: To be determined
  • Cultivation: Application fee from $1,500 for an up to 1,000 square foot canopy micro-cultivator to $60,000 for a tier 6 cultivator with a canopy of at least 100,000 square feet. Annual license fee from $2,000 for an up to 1,000 square foot canopy micro-cultivator to $100,000 for a tier 6 cultivator with a canopy of at least 100,000 square feet.
  • Processing: To be determined
  • Cannabis transportation entity: To be determined
  • Disposal entity: To be announced
  • Testing facility: To be announced
  • Research facility: To be announced

License Timeline

The bill signed by the governor on February 2, 2022 says license applications will be accepted within 120 days (150 days for dispensary licenses) of that date. Licenses will be issued within 30 days of the date of the application. According to the Mississippi State Department of Health website, the application process will begin in June 2022, and there will be a 30-day approval time for license applications. The Mississippi Department of Health will handle all business licensing except dispensary licensing. The Mississippi Department of Revenue will handle dispensary licensing.

Testing

Testing will be required through licensed testing facilities.

Training

Dispensary staff are required to complete a minimum of eight hours of continuing education on medical cannabis plus five additional hours of continuing education every year.

Learn More about Cannabis in Mississippi and How to Work or Start a Business in the Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry across the country. Follow the link to register for an upcoming seminar.

Sources and More Information

Data current as of 2/4/22.