Mississippi Cannabis License Guidelines

Mississippi State Department of Health

Licensing and Enforcement Criteria

The Mississippi State Department of Health (MSDH) is committed to meeting the statutory requirements of the Mississippi Medical Cannabis Act which requires that cultivation of marijuana occur indoors in secure facilities, and that these facilities must be located in Mississippi if they provide products available to those with patient identification cards.

In order to ensure that individuals participating in the program receive products that have been tested and fall within the limits set by the Mississippi Legislature, MSDH anticipates that products will become available to patients in late 2022 to allow for cultivation of marijuana in the state and safety testing.

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

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 laws can be found here:

FAQs

The Mississippi Medical Cannabis Act (the “Act”) requires that a qualified patient receive a written certification from a registered practitioner. The MS State Department of Health (“MSDH”) has prepared these frequently asked questions to assist practitioners and patients as they familiarize themselves with the developing medical cannabis program in Mississippi.

Who is a practitioner?

A physician or physician assistant licensed to prescribe medicine by the MS State Board of Medical Licensure. A certified nurse practitioner licensed to prescribe medicine by the MS State Board of Nursing. An optometrist licensed to prescribe medicine by the MS State Board of Optometry.

Does a practitioner have to be registered by the MS State Department of Health?

Yes. A practitioner must be registered by MSDH prior to issuing a written certification for a person seeking to participate in the medical cannabis program.

Must a practitioner have continuing education?

Yes. Eight hours of continuing education is required in order to register initially with MSDH. Five hours of continuing education will be required at renewal.

Does MSDH require specific continuing education topics?

Yes. Only MSDH approved CME is acceptable to meet the requirements of the state medical cannabis program. All practitioners are required to participate in MSDH’s Overview of the Medical Cannabis Program (to be made available) in addition to the following approved CME.

What will I need to open a dispensary in Mississippi?

The Mississippi Medical Cannabis Act defines the medical cannabis dispensary as an entity licensed and registered with the MDOR that acquires, possesses, stores, transfers, sells supplies, or dispenses medical cannabis, equipment used for medical cannabis, or related supplies and educational materials to cardholders. A dispensary can only be in an area zoned commercial or in an area that is not otherwise prohibited from having commercial businesses.

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
  • Proof that main entrance of proposed location is not within 1,000 feet of the property boundary line of any school, church, or daycare (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
  • Diagram of licensed premises
  • Operations plan
  • Security plan

Mississippi Cannabis License Types

If a company plans to apply for licensure through the Mississippi State Department of Health for any aspect of the Mississippi Medical Cannabis Program, potential applicants should first register with the Mississippi Secretary of State’s Office.  As part of this registration, entities are required to select an NAICS Code as part of their formation or registration.

Cultivator/Grower

NAICS Code 111419.  The Mississippi Medical Cannabis Act requires that cultivation of marijuana occur indoors in secure facilities, and that these facilities must be located in Mississippi if they provide products available to those with patient identification cards.

In order to ensure that individuals participating in the program receive products that have been tested and fall within the limits set by the Mississippi Legislature, MSDH anticipates that products will become available to patients in late 2022 to allow for cultivation of marijuana in the state and safety testing.

No additional licenses are being issued as of this writing.

Processor/Wholesaler

NAICS Code 424590.  Medical cannabis products availability: MSDH anticipates that cannabis products will become available to patients in late 2022 to allow time for cultivation of marijuana in the state and required safety testing.

Dispensary

NAICS Code 453998. The Mississippi Department of Revenue will be responsible for the licensing of medical cannabis dispensaries beginning in July 2022.

Transportation

NAICS Code 484220/484230 local and long distance, respectively. No licenses are being issued at the time of this writing.

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