On Wednesday, February 2, 2022 Governor Tate Reeves signed into law Senate Bill 2095, also known as the “Mississippi Medical Cannabis Act (MMCA)” legalizing medical cannabis. The law permits the use of medical cannabis to treat certain debilitating medical conditions including cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, HIV/AIDS, hepatitis, ALS, Crohn’s disease, ulcerative colitis, sickle-cell anemia, Alzheimer’s disease, dementia, post-traumatic stress disorder, autism, cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, severe and persistent muscle spasms, among others.  The law was effective immediately upon signing by the Governor, although medical cannabis will not become available for months. Medical cannabis products will include cannabis flower, cannabis extracts, edible cannabis products, beverages, topical products, ointments, oils, tinctures, and suppositories.

Some Key Facts on Mississippi Medical Cannabis Act:

  • MMCA grants county board of supervisors and governing municipalities the authority to opt out of allowing the cultivation, processing, sale or distribution of medical cannabis and cannabis products within 90 days of enactment. This Act legalizes medical cannabis in every county and municipality unless they opt out through a vote by the board of supervisors or municipality. Counties and Municipalities are required to provide a notice in accordance with the Open Meetings Act of its intent of holding a vote regarding opting out of allowing the cultivation, processing, sale and/or distribution of medical cannabis and cannabis products.

 

  • However, this may be overturned by a local referendum, 20% or 1,500 voters (whichever is fewer). Qualified electors in the county may petition to put the question on the ballot. The election must be held within 60 days from the filing of the petition. Notice thereof shall be given by publishing the notice once each week for at least three (3) consecutive weeks in some newspaper published in the county or if there is no newspaper in the county then it must be published in a newspaper in an adjoining county and have a general circulation in the county involved. The election shall be held not earlier than fifteen (15) days from the first publication of the notice.

 

  • The ballots used at the election shall contain a brief statement as outlined in Senate Bill 2095, lines 2224 through 2233. If counties choose to opt out, they may by a majority vote, opt back in at a later date. The vote must be spread across the county’s minutes.

 

  • A dispensary, cannabis research facility or cannabis testing facility may be located in any area in a municipality or county that is zoned as commercial, agricultural or industrial or for which commercial, agriculture or industrial use is otherwise authorized or not prohibited, provided that it being located there does not violate any other provisions of this law.

 

  • The municipality or county may make changes to existing zoning ordinance or adopt a change in the zoning ordinance that allows for those entities to be located in commercial specific areas.

 

  • Local governing authorities may regulate the time, place, and manner of medical cannabis businesses, but they may not ban them or make their operation “impracticable.” Cannabis businesses must be in compliance with local zoning requirements. Cannabis businesses may be required to get local permits or licenses and to pay a reasonable fee that is consistent with other non-cannabis businesses.

 

  • Medical marijuana dispensaries will be licensed through the Mississippi Department of Revenue. They are prohibited from being located within 1,000 feet of the nearest boundary line of any school, church or childcare facility unless the business gets a waiver.

 

  • Cannabis will be taxed at wholesale at 5% of the price, in addition to standard state sales taxes.

 

  • MMCA does not require any employer to allow patients to use medical cannabis or prevent them from requiring drug testing.

This article shall not be construed as a comprehensive overview of the Mississippi Medical Cannabis Act. We strongly encourage each county board of supervisors to meet with their board attorney to further read and analyze Senate Bill 2095. You may find this bill on the MS Legislature website: http://www.legislature.ms.gov