Quick Facts on the Mississippi Medical Cannabis Program for Industry Members
The following was written by our friend Conner Reeves with McLaughlin, PC. This blog outlines some quick facts about Mississippi’s medical marijuana program for industry members.
We’ve reviewed the new law and have summarized key points below for anyone that is contemplating applying for a medical cannabis license when the program launches in a few months.
Timeline
Cities and counties have until May 3, 2022 to OPT OUT of the cannabis program. Each can fully opt out, meaning no licensed cannabis business can operate in that jurisdiction, or they can choose which types of licensees to allow. If they opt out, they can opt back in later or voters can gather signatures for a special election on whether to opt back in.
The MS Department of Health has until June 2, 2022 and the MS Department of Revenue has until July 2, 2022 to adopt regulations and activate an application process for licensees. Both agencies have 30 days to accept or reject an application once submitted.
Agencies Involved
The MS Department of Health will issue licenses for and regulate all license types except dispensaries, which fall under the MS Department of Revenue.
Certifying providers include physicians, physician assistants, nurse practitioners, and optometrists. Each profession’s respective licensure board will likely adopt regulations particular to those professions’ involvement as certifiers.
License Types and Fees
Generally, the licenses available fall into several categories detailed below. Those include cultivators, processors, dispensaries, laboratories, transporters, and disposal companies.
Zoning and Distance
Dispensaries, research facilities and testing labs may be located in an area in a county or city that is zoned commercial or for which commercial use is authorized.
Cultivation facilities and processing facilities may be located in an area in a county or city that is zoned agricultural or industrial or for which agricultural or industrial is authorized.
The main entrance of a licensed facility must not be within 1,000 feet of the property line of any school, church, or daycare. If within 1,000 feet, the applicant must obtain a waiver from the school, church, or daycare.
No dispensary may be located within 1,500 feet from the main point of entry of the dispensary to the main point of entry of another medical cannabis dispensary.
Conner Reeves joined McLaughlin, PC in 2018, and brings extensive regulatory and legislative experience that will benefit clients across all the firm’s practice areas. Conner previously served as the General Counsel for the Mississippi State Medical Association, the state’s largest and oldest trade association for physicians. He also was the Medical Policy Advisor for the Medical Marijuana 2020 Campaign which successfully led a citizen-initiated ballot measure to make medical marijuana legal in Mississippi.
His practice focuses on highly regulated industries such as alcohol and food manufacturing and cannabis. Conner also works with start-up companies in emerging markets.
Conner is a Jackson native and strives to improve the quality of life in the capital city for his wife and daughters. This includes bettering Mississippi with opportunities to eat and drink local.