Changes Coming to Mississippi Medical Cannabis Law
With a new year comes new changes for medical cannabis in Mississippi. The Mississippi Department of Health has released proposed amendments to the medical cannabis program.
- While medical cannabis establishments may advertise and market their business, one proposed change is that images of cannabis are prohibited from being uploaded on the establishment’s website and social media.
- Facilities must be enclosed, which is defined as “surrounded by a roof and walls that are permanently in place.”
- For tier 6 cultivation establishments, all prospective locations must be included in the site plan.
- In addition to outdoor cultivation being prohibited, home grows are prohibited. This means an individual cannot live on the premises where a medical cannabis establishment is located.
In addition to the above high-level changes, here are some of the more significant proposed changes:
In the unfortunate event that a person or entity has been fined and/or been given other sanctions, the proposed changes allow for an appeal process. This means that any person or entity who disagrees with or is aggrieved by a final decision or order of the licensing agency may appeal their grievances. To do this, the person or entity must appeal in the same circuit court that they reside. Nonresidents must appeal to the Circuit Court of the First Judicial District of Hinds County, Mississippi.
Three chances for application
If you are concerned that your application will be rejected, fear no more. The department will return the application, and applicants will have three opportunities to correct their application before being denied.
A noteworthy proposed change is the addition of variances, which means a department-granted exception to the rules. In more simple terms, the department may waive provisions on its own initiative or by request from licensed medical cannabis establishments.
If you are needing to renew your entity’s license, keep in mind that one proposed change suggests that a licensed entity’s renewal may be denied after consideration by the department if the licensee has demonstrated a history of rule violations.
Effective July 1, 2023, the maximum batch size shall be no greater than 25 pounds. The current batch size for each harvest lot of usable medical cannabis must be separated into units no larger than 50 pounds.
All products and inventory from medical cannabis establishments may be destroyed and/or rendered unrecognizable and unusable through waste disposal as a result of department corrective and/or administrative actions.
If you have any questions about how this development could affect you, please contact HAT LAW’s Medical Cannabis Legal Team.
Julie Mitchell, J.D., L.L.M., firstname.lastname@example.org, 601-707-4039