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.

If you are interested in learning more about becoming an industry member through Mississippi’s medical cannabis program, we suggest reaching out to the Mississippi Medical Marijuana Association (3MA). 3MA recently announced their industry-specific convention to be held in Jackson, Mississippi on May 5-6, 2022.

In addition to working with Medical Marijuana 2020 (the campaign behind Initiative 65) and with 3MA, our firm has been working with clients who plan on entering Mississippi’s medical cannabis market when licenses are available. You can also email us directly at conner@mclaughlinpc.com or matthew@mclaughlinpc.com with any questions.