Mississippi Cannabis Law

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A Guide to Mississippi Cannabis Law

Public Registry of Medical Cannabis Dispensaries Licensing

The Mississippi Department of Revenue has been tasked with licensing, regulating, and enforcing the law for medical cannabis dispensaries. The Alcoholic Beverage Control Enforcement Division of the Mississippi Department of Revenue will be the point division within the Department for licensing and regulating dispensaries. It will also be responsible for enforcing medical cannabis laws as they apply to the proper purchase, sale, and distribution of medical cannabis at dispensaries.

The Mississippi Department of Health is the primary agency that will be over the medical cannabis program and will handle the licensing, regulating and enforcement of laws relating to:

Patient’s cards

Medical Practitioners

Cannabis Cultivation Facilities

Cannabis Processing Facilities

Cannabis Testing Facilities

Cannabis Waste Disposal Entities

Cannabis Transportation Entities

License Fees:

  • First Year: $40,000
    • Non-Refundable Application Fee: $15,000
    • Annual License Fee: $25,000
  • Yearly Renewal: $25,000

Requirements for Dispensary License:

  • Legal Name of Business and Physical Address (No PO Box allowed)
    • Proof of Mississippi Secretary of State Registration, if applicable
    • Mississippi Sales Tax Permit Number
    • Management Service Agreements, if applicable
    • Deed of Trust, Lease Agreement, or Contingent Agreement, if applicable
    • Proof that main entrance of proposed location is not within 1,000 feet of the property boundary line of any school, church, or childcare facility (Distance Waiver form required if within 1,000 feet)
    • No medical cannabis dispensary may be located within a 1,500 feet radius from the main point of entry of the dispensary to the main point of entry of another medical cannabis dispensary
    • Proof that location meets county or city zoning / sworn statement certifying proposed location is compliant with said restrictions
    • Proof of local license registration if required by city or county in which proposed premises is located
  • List of all owners, partners, members, officers, board members and anyone with an economic interest
    • List of all professional licenses held by each member and proof that each are in good standing
    • Acknowledgement of Waiver and Authorization to Release Information for each member
    • Diagram of licensed premises
    • Operations plan
    • Security plan

Work Permits

  • Every potential employee of a medical cannabis facility must apply for, and be issued, a work permit prior to beginning work. This permit will be issued to the individual, not the facility, and does not have to be transferred should the individual change facilities. To be eligible to receive a permit:
    • must be at least twenty-one (21) years of age;
    • cannot have a disqualifying felony;
    • must complete eight (8) hours of training; and
    • complete five (5) hours of training thereafter on an annual basis.

Qualifying Conditions

  • The following medical conditions or their treatment qualify for participation in the Mississippi Medical Cannabis Program:
    • cancer
    • Parkinson’s disease
    • Huntington’s disease
    • muscular dystrophy
    • glaucoma
    • spastic quadriplegia
    • positive status for human immunodeficiency virus (HIV)
    • acquired immune deficiency syndrome (AIDS)
    • hepatitis
    • amyotrophic lateral sclerosis (ALS)
    • Crohn’s disease
    • ulcerative colitis
    • sickle-cell anemia
    • Alzheimer’s disease
    • agitation of dementia
    • post-traumatic stress disorder (PTSD)
    • autism
    • pain refractory to appropriate opioid management
    • diabetic/peripheral neuropathy
    • spinal cord disease or severe injury
  • Also qualifying is a chronic terminal or debilitating disease or medical condition or its treatment that produces one or more of the following:
    • cachexia or wasting syndrome
    • chronic pain
    • severe or intractable nausea
    • seizures
    • severe and persistent muscle spasms including, but not limited to, those characteristic of multiple sclerosis

How to get a medical marijuana in Mississippi

  • A medical professional can only prescribe medical marijuana within the scope of his/her practice. This requires an in-person visitation.
  • Only a MD (doctor of medicine) or DO (doctor of osteopathic medicine) can prescribe medical marijuana to adults between the ages of 18-25 and to kids under 18 (with the consent of a parent/legal guardian).

Mississippi Marijuana Laws and Penalties

Mississippi Laws and Penalties   
OffensePenaltyIncarcerationMax. Fine
Possession Personal Use   
30 g or less (first offense)N/AN/A$250
30 g or less (second offense)Misdemeanor5* – 60 days$250
30 g or less (third offense)Misdemeanor5 days* – 6 months$1,000
30 – 250 gFelony1 – 3 years$1,000
250 – 500 gFelony2* – 8 years$50,000
500 g – 1 kgFelony4* – 16 years$250,000
1 – 5 kgFelony6* – 24 years$500,000
5 kg or moreFelony10* – 30 years$1,000,000
30 g or less in any part of a vehicle besides the trunkMisdemeanor90 days$1,000
* Mandatory minimum sentence   
Sale   
Up to 30 gFelony3 years$3,000
30 – 250 gFelony5 years$5,000
250 – 500 gFelony3 – 10 years$15,000
5 g or moreFelony5 – 20 years$20,000
To a minor or within 1500 feet of a school, church, or other designated area is a felony that carries double incarceration period and fines.   
Cultivation   
See Possession and Sale sections for details.   
Hash & Concentrates   
Possession of .1 g or lessMisdemeanor or Felony1 year$1,000
Possession of .1 g – 2 gFelony3 years$50,000
Possession of 2 g – 10 gFelony8 years$250,000
Possession of 10 g – 30 gFelony3 – 20 years$500,000
Possession of more than 30 gFelony30 years$1,000,000
Sale, barter, manufacture, transfer, or distributionN/A30 years$1,000,000
TraffickingN/A30 years*$1,000,000
*Mandatory Minimum Sentence   
Paraphernalia   
Possession of paraphernaliaMisdemeanor6 months$500
Miscellaneous   
Any conviction will result in a 6 months driver’s license suspension.   
Subsequent convictions will result in double penalties.   

Medical CBD

  • This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Medical Marijuana

  • This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Cannabis Tax rates in Minnesota

  • Medical marijuana: Mississippi voted to legalize medical marijuana in November, and the state’s program will hopefully come online this summer, even though state lawmakers are actively working to undermine it by retroactively passing an alternate bill.
  • If the bill passed by voters, Initiative 65, goes into effect, there technically won’t be a tax for patients, but purchases will be subject to a “user fee”—not to exceed state sales tax (7%) – that would be used exclusively to fund the program itself.

Taxation for Dispensaries

  • There are two taxes associated with the sale of medical cannabis. Applicants will be required to obtain applicable tax permits as part of the application process.
  • Medical cannabis cultivators are subject to a 5% excise tax on the first sale/transfer of medical cannabis.
    • Excise tax is due if the cultivator sells to a processing facility.
    • Excise tax is due on the transfer of cannabis between related entities.
  • Medical cannabis dispensaries will charge the standard 7% sales tax to cardholders at the point of sale. Dispensaries will also be responsible for special tax levies in the cities of Jackson & Tupelo.
  • A sales tax account and permit will be required by medical cannabis cultivators and medical cannabis processors if making sales of tangible personal property (i.e. medical cannabis) (MS Code Ann §27-65).
  • A direct pay permit may be required by medical cannabis processors if the processor is manufacturing a medical cannabis product.
  • Applicable Income tax or Withholding tax may be due for any medical cannabis establishments under this program including those licensed by the Mississippi Department of Health.
  • All taxes collected must be remitted to the Mississippi Department of Revenue. You may register for a cannabis excise tax account on TAP.

Cannabis Advertising Guide

  1. Advertising – The terms “advertising” and “advertisement” shall mean all representations disseminated in any manner or by any means, other than labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of medical marijuana. Advertising does not include labeling as required by the regulations of the Medical Marijuana Program.
  2. Brand – The term “brand” shall mean a name, term, design or symbol or any other feature that that identifies one seller’s goods or services as distinct from those of other sellers. For the purposes of these regulations, a company logo is considered a brand.
  3. Branding – The term “branding” shall mean the process of giving a meaning to a specific organization or company by creating or shaping a brand in the mind of the consumer.
  4. Marketing – The term “marketing” shall mean the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large. The term also includes all representations disseminated in any manner or by any means, other than labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of medical marijuana.
  5. Media – The term “media” shall mean the communication channels through which we disseminate news, movies, education, promotional messages, and other data. It includes, but is not limited to, physical and online newspapers and magazines, television, radio, billboards, telephone, internet, fax, and billboards.

Prohibition Against Advertising and Marketing

  • Licensed Entities participating in the Medical Marijuana Program, or entities acting on their behalf, are prohibited from advertising and marketing in any media, including but not limited to:
  • Broadcast or electronic media:
    • Radio
    • Television
  • Print media:
    • Newspaper
  • Other forms:
    • Mass text/messaging communications
    • Mass email communications
    • Medical marijuana or medical marijuana products shall not be displayed in windows or public view.
  • Advertise in any manner that can be viewable or otherwise perceived as a public space, including, but not limited to, adopt a highway signs, electronic interstate signs.

Branding Requirements

  1. Permissible branding activities include:
    • Establishment of a website that provides general information on the licensed entity’s contact information, retail dispensing locations, and a list of products available. The website of the licensed entity may also contain general information reasonably expected to be necessary to serving qualified patients of the Medical Marijuana Program.
  2. All brandings must include the licensed entity’s license number.
  3. Branding must not target minors, pregnant women, breastfeeding women, or
  4. promote non-medical use of marijuana.

Use of Inducements

  • Licensed Entities are prohibited from using inducements to persuade or influence the use of medical marijuana. Examples of inducements include, but are not limited to:
    • The use of discount cards;
    • The use of coupons;
    • The use of “punch cards” to offer discounts/free products;
    • Promotion of sales/discounts on medical marijuana of any type;
    • The use of “buy one, get one” discount approaches;
    • The use of any type of “daily deal”, “weekly deal”, “monthly deal”, etc.;
    • Product give-aways of any type; and,
    • Product sampling of any type

Education Regarding the Risks and Benefits of Use of Medical Marijuana

  • Education on the risks and benefits of the use of medical marijuana during a one on-one session with a qualified patient, caregiver, parent, or legal guardian is permissible. This education is not considered advertising or marketing.

https://msdh.ms.gov/msdhsite/_static/30,0,425.html
https://www.dor.ms.gov/mississippi-medical-cannabis-act

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