MS Department of Health Draft Regulations: Subparts 3 & 4
Last Friday, the Department of Health released Subparts 3 and 4 of the draft regulations for the Mississippi medical marijuana program. Please note that the following is a quick summary of draft regulations, and not a comprehensive list of requirements. You can read the draft regulations in full here.
Subpart 3: Advertising and Marketing
The draft rules in Subpart 3: Advertising and Marketing would essentially ban all advertising and marketing other than a company website. This includes, but is not limited to broadcast or electronic media, radio, television, print media, online and print newspapers, mass text/messaging communications, mass email communications, and signs in windows or otherwise in the public view. Branding must not target minors, pregnant women, breastfeeding women, or promote non-medical use of marijuana. Inducements are prohibited, including, but not limited to discounts, sales, coupons, giveaways, and samples.
Subpart 4: Tracking and Labelling of Medical Marijuana
Subchapters 1-6 in Subpart 4: Tracking and Labelling of Medical Marijuana bans packaging and labeling that would specifically appeal to children, such as the use of cartoon characters, etc. Packages and labels can not contain images other than the business name and logo. They must contain various warning statements such as “Keep out of reach of children.” Medical marijuana must be in an opaque child-proof container. Product names can not be related to foods or describe the product as a candy. Packaging and labels must contain various nutrition information and production information. A “Mississippi Universal Symbol” must be on the packaging as well as the product and be at least as large as the allowable branding content. There is a list of warnings that must be clearly visible at the Point of Sale.
Subchapter 7 goes into great detail about the process for tracking and tagging medical marijuana during every step from seed to sale. It will also track the amount of medical marijuana a patient has purchased in the past 14 days. The licensed entity is responsible for the costs associated with user fees for access to the state system, tags, etc.
Subchapter 8 describes inventory reporting requirements, which include a monthly report, the details of which are dependent on the type of medical marijuana business.