Mississippi Cannabis License Guidelines

Mississippi Department of Revenue

Licensing and Enforcement Criteria

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.

If you wish to inquire about medical cannabis dispensaries or wish to submit any complaints, please contact ABC at abcpermitdepartment@dor.ms.gov.

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

For inquiries regarding the above list related to the Mississippi Medical Cannabis Program, contact the Department of Health at MSMedicalCannabis@msdh.ms.gov.

The main point of entry to a dispensary cannot be located within 1,000 feet of the nearest property boundary line of any school, church or child care facility unless the dispensary applicant is able to obtain a waiver from the school, church or child care facility. Regardless of the waiver, a dispensary may not be located within 500 feet of any school, church or child care facility property boundary line. The property boundary line to be considered is the parcel of land on which a school, church or child care facility is located. It does not include parcels of land owned by a school, church or child care facility but on which such a facility is not located.

Each dispensary is required to place a sign on its exterior in a conspicuous location that may be clearly viewed by the public that identifies the name of the entity that owns the dispensary and lists the license number issued by the Department.

Mississippi Cannabis Law & Compliance

Several laws and ordinances regulate the Mississippi medical cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found here:

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FAQs

What are the security requirements for medical cannabis growing facilities, processing facilities, cultivating facilities and or testing facilities?

  • Facilities have to be indoors, enclosed, and secured against unauthorized entry.
  • Licensees must have an operational alarm system with continuous 24/7 coverage.
  • Licensees must have 24/7 video surveillance systems in place with on- and off-site monitoring capabilities.
  • Licensees’ premises must be well-lit.
  • Licensees must use commercial grade locks on outside doors and restrict access to the facilities to authorized personnel.

What does a disqualifying felony offense mean?

  • A conviction for a crime of violence as defined by state law in Miss. Code Ann §97-3-2.
  • A conviction for a crime that was defined as a violent crime in the law of the jurisdiction in which the offense was committed, and that was classified as a felony in the jurisdiction where the person was convicted; or
  • A conviction for a violation of a state or federal controlled substances law that was classified as a felony in the jurisdiction where the person was convicted, including the service of any term of probation, incarceration or supervised release within the previous five (5) years and the offender has not committed another similar offense since the conviction. Under this subparagraph, a disqualifying felony offense shall not include a conviction that consisted of conduct for which this chapter would likely have prevented the conviction but for the fact that the conduct occurred before the effective date of the MS Medical Cannabis Act.

Who is required to have a background check?

  • Individuals applying for the required work permit for employment by a licensed medical cannabis establishment. 
  • Individuals with an economic interest (as defined by the rules and regulations developed by the MS State Department of Health and MS Department of Revenue) in a prospective medical cannabis business entity. 
  • Individuals intending to serve as a registered caregiver to patient participants of the Mississippi Medical Cannabis Program. 
  • Individuals working in licensed medical cannabis establishments.

Does the background check have to be performed by the MS State Department of Health?

Yes

  1. You may have your fingerprint card completed by a local law enforcement entity. Please note that some local law enforcement agencies do charge a separate fee for this process. Please contact your local law enforcement agency for additional information.
  2. Once the fingerprint card is completed, you must mail it to the MSDH Fingerprint Unit at the address mentioned above. Your fingerprints will be submitted through state and federal databases to determine whether you have been convicted of a disqualifying federal offense as defined by the Medical Cannabis Act.

Will I be required to complete an affidavit prior to submitting my online application for a work permit or a business license?

Yes, in addition to your fingerprint card, you must complete either the “Affidavit of Applicant for Business Licensure” or the “Affidavit of Applicant for Work Permit”, depending upon the type of application you plan to submit. This affidavit must be signed and notarized by a notary public.

Mississippi Cannabis License Types

Dispensary

An entity licensed and registered with the Department that acquires, possesses, stores, transfers, sells, supplies, or dispenses cannabis, cannabis products, equipment used for medical cannabis, or related supplies and educational materials to cardholders. An entity or individual cannot have greater than a ten 10% interest in more than five dispensaries.

Cannabis Cultivation Facility

A business entity licensed and registered by the Mississippi Department of Health that acquires, grows, cultivates, and harvests medical cannabis in an indoor, enclosed, locked, and secure area.

Cannabis Processing Facility

A business entity that is licensed and registered by the Mississippi Department of Health that: acquires or intends to acquire cannabis from a cannabis cultivation facility or other cannabis processing facility; possesses cannabis with the intent to manufacture a cannabis product; manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and sells or intends to sell a cannabis product to a medical cannabis transportation entity, cannabis testing facility or cannabis research facility.

Cannabis Research Facility

A research facility at any university or college in this state or an independent entity licensed and registered by the Mississippi Department of Health pursuant to this chapter that acquires cannabis from cannabis cultivation facilities and cannabis processing facilities in order to research cannabis, develop best practices for specific medical conditions, develop medicines and provide commercial access for medical use.

Cannabis Testing Facility

An independent entity licensed and registered by the Mississippi Department of Health that analyzes the safety and potency of cannabis.

Cannabis Waste Disposal

A license, issued by the Department, shall be obtained for each cannabis disposal entity prior to the commencement of any disposal activities related to cannabis. Activities include, but are not limited to: acquiring, possessing, storing, or disposing of/destroying cannabis. Additionally, cannabis disposal entities are allowed to transport cannabis waste strictly for the purposes of disposal and/or destruction. Cannabis disposal entities are prohibited from transporting cannabis and/or cannabis products for general purposes such as transfer from one medical cannabis establishment to another.

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