Cannabis Law: Mississippi Medical Marijuana Update – Jan. 13, 2022

 

Great news! On Jan. 13, 2022, a Medical Marijuana Bill passed in the Mississippi Senate with a 47-5 vote. Coined the Mississippi Medical Cannabis Act of 2022, it is now on the way to the Mississippi House floor to undergo the debate and voting process. Should the bill pass on the House floor, it will go before Governor Reeves for an approving signature.

Key points of the new program

Qualified patients will be eligible for 3.5 grams of cannabis flower, one gram of cannabis concentrate or 100 milligrams of a THC-infused product. There are 22 qualifying, debilitating conditions listed in the bill. Additionally, there is a limitation on outdoor growing – the bill only allows for indoor growing of medical marijuana.

Types of entities

There are six types of entities that can participate under these new guidelines. 

  1. Cannabis Cultivation Facilities consisting of Tiers 1-5 with Tier 1 at 1,000 sq. ft. to Tier 5 at 60,000 – 100,000 sq. ft. Tiers will be assessed by application fees and licensing fees based upon size.
  2. Cannabis Disposal Entity
  3. Cannabis Processing Facility
  4. Cannabis Transportation Entity
  5. Medical Cannabis Dispensary
  6. Cannabis Research Facility

Practitioners

Practitioners who will recommend medical marijuana include:

  1. Physicians
  2. Certified nurse practitioners
  3. Physician assistants
  4. Optometrists

State sales tax

State sales tax of 7% will be applied to all medical marijuana retail sales. Manufacturers and cultivators will face a 5% excise tax.

Local jurisdiction

Local jurisdictions will be able to enact ordinances that govern medical marijuana operations. However, the jurisdiction does not prohibit dispensaries altogether. There will be an election to opt-out of the program altogether.

Our team at Hagwood and Tipton is excited to see movement in this monumental field. We are keeping an eye out for the result in the House and what that would mean for Mississippi medical marijuana laws. If you have any questions, please contact Julie Mitchell at 601-707-4039.