The Top Mississippi Cannabis Laws for Dispensaries

Reporting requirement of dispensaries. Medical cannabis dispensaries shall report medical cannabis dispensing information every twenty-four (24) hours to the Prescription Monitoring Program provided for in Section 73-21-127. Dispensaries shall submit information as required by the Prescription Monitoring Program, including, but not limited to, the qualified patient's registry identification card number and the amount of medical cannabis dispensed to the patient.

Rule 3.1.1 Legal Authority: This regulation has been promulgated under the authority of and pursuant to the Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Rule 3.1.2 Definitions. The following terms shall have the meaning hereinafter respectively ascribed to them as they relate to licensed medical cannabis establishments participating in the Mississippi Medical Cannabis Program: 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 cannabis. Advertising does not include labeling as required by the regulations of the Medical Cannabis Program. 2. Brand – The term “brand” shall mean a name, term, design or symbol, or any other feature 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 meaning to a specific medical cannabis establishment’s business by publicizing the business’s name and logo. 4. Cannabis – The term "cannabis" means all parts of the plant of the genus cannabis, the flower, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or its resin, including whole plant extracts. Such term shall not mean cannabis-derived products approved by the federal Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act. 5. Cannabis products – The term “cannabis products” means cannabis flower, concentrated cannabis, cannabis extracts and products that are infused with cannabis or an extract thereof and are intended for use or consumption by 2 humans. The term includes, without limitation, edible cannabis products, beverages, topical products, ointments, oils, tinctures, and suppositories that contain tetrahydrocannabinol (THC) and/or cannabidiol (CBD) except those products excluded from control under Sections 41-29-113 and 41-29-136 of the Mississippi Code. 6. 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 cannabis. 7. 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, social media, and billboards. 8. Medical Cannabis Establishments – The term “medical cannabis establishments” shall mean a cannabis cultivation facility, cannabis processing facility, cannabis testing facility, cannabis dispensary, cannabis transportation entity, cannabis disposal entity, cannabis research facility licensed and registered by MS State Department of Health (the Department) or Mississippi Department of Revenue (MDOR). Medical Cannabis Establishments may also be known as licensed entities or licensees. 9. Practitioner – The term “practitioner” means a physician, certified nurse practitioner, physician assistant, or optometrist who is licensed to prescribe medicine under the licensing requirements of their respective occupational boards and the laws of this state. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Subchapter 2 Prohibition Against Advertising and Marketing Rule 3.2.1 Medical Cannabis Establishments participating in the Medical Cannabis Program, or entities acting on their behalf, are prohibited from advertising and marketing in any media, including but not limited to: 1. Broadcast or electronic media: A. Radio B. Television C. Unsolicited internet pop-up advertising D. Social media 3 2. Print media: A. Newspaper 3. Other forms: A. Mass text/messaging communications B. Mass email communications C. Medical cannabis or medical cannabis products shall not be displayed in windows or public view. D. Advertisement in any manner that can be viewable or otherwise perceived as a public space, including, but not limited to, adopt-a-highway sign, and electronic interstate signs. E. Solicited/paid patient and/or caregiver reviews/ testimonies/ endorsements. F. Solicited/paid practitioner reviews/ testimonies/ endorsements. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Rule 3.2.2 No Medical Cannabis Establishment shall engage in advertising that contains any statement or illustration that: 1. Depicts the actual consumption of cannabis or cannabis products; 2. Promotes the overconsumption of cannabis or cannabis products; 3. Makes any health, medicinal, or therapeutic claims about cannabis or cannabis-infused products; 4. Makes safety claims of any type; 5. Includes the image of a cannabis leaf or bud; or 6. Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children or any other likeness, images, characters, or phrases that are designed in any manner to be appealing to children and/or youth. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Subchapter 3 Branding Requirements Rule 3.3.1 Medical Cannabis Establishments are permitted to participate in branding activities as described in Rules 3.3.2. and 3.3.5 in order to publicize their businesses. Additionally, the business name, location(s), and contact information of all licensed 4 medical cannabis establishments will be made available by the Department through a public website. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Rule 3.3.2 Permissible branding activities include 1. Establishment of a website and/or social media presence that provides general information on the licensed entity’s contact information, retail dispensing locations, and a list of products available. 2. Listings in business directories (inclusive of phone books, cannabis-related or medical publications). 3. Sponsorships of health or not-for-profit charity or advocacy events. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Rule 3.3.3 Branding must not target minors, pregnant women, breastfeeding women, or promote non-medical use of cannabis. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Rule 3.3.4 Branding, in the form of business signage, for all medical cannabis establishments is subject to local zoning and permitting requirements. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Subchapter 4 Use of Inducements Rule 3.4.1 Medical Cannabis Establishments may utilize inducements to assist qualified patients. Inducements must not persuade or influence the use of medical cannabis outside of practitioner recommendations and/or limitations or the amounts allowed by the Mississippi Medical Cannabis Act. Examples of inducements include but are not limited to: 1. The use of discount cards; 2. The use of coupons; 3. The use of “punch cards” to offer discounts/free products; 5 4. Promotion of sales/discounts on medical cannabis of any type; 5. The use of “buy one, get one” discount approaches; and, 6. The use of any type of “daily deal”, “weekly deal”, “monthly deal”, etc.; Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Rule 3.4.2 Any and all medical cannabis and/or medical cannabis products that are part of an inducement program as defined in Rule 3.4.1, remain subject to seed to sale tracking requirements, any practitioner limitation included on the qualified patient’s written certification, and MS Medical Cannabis Equivalency Unit limitations of the Mississippi Medical Cannabis Act. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Subchapter 5 Education Regarding the Risks and Benefits of Use of Medical Cannabis Rule 3.5.1 Education on the risks and benefits of the use of medical cannabis between a registered practitioner and/or medical cannabis establishment and a qualified patient, caregiver, parent, or legal guardian is permissible. This education is not considered advertising or marketing. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Rule 3.5.2 Education on the risks and benefits of the use of medical cannabis between a registered practitioner and/or medical cannabis establishment and a qualified patient, caregiver, parent, or legal guardian can also include written or video educational materials that are inclusive of the medical cannabis establishment’s brand. Source: Mississippi Medical Cannabis Act, S.B. 2095, Mississippi Legislature Regular Session 2022, Section 21 Rule 3.5.3 Education provided to a qualified patient, caregiver, parent, or legal guardian by a registered practitioner and/or medical cannabis establishment that includes instruction/direction on the safe use of medical cannabis and/or medical cannabis products is permissible.

Minimum qualifications for applicants for a cannabis cultivation facility, a cannabis processing facility, a medical cannabis dispensary, a medical cannabis transportation entity or a medical cannabis disposal entity license(s) are as follows: (a) An individual applicant for a cannabis cultivation facility, cannabis processing facility, medical cannabis dispensary, medical cannabis transportation entity or medical cannabis disposal license shall be a natural person who: (i) Is at least twenty-one (21) years of age; (ii) Has not previously held a license for a cannabis cultivation facility, cannabis processing facility, medical cannabis dispensary, medical cannabis transportation entity or medical cannabis disposal entity that has been revoked; (iii) Has not been convicted of a disqualifying felony offense; (iv) If possessing a professional or occupational license, that the license is in good standing; (v) Has submitted a sworn statement indicating that he or she is a true and actual owner of the entity for which the license is desired, and that he or she intends to carry on the business authorized for himself or herself and the entity and not as the agent for any other entity. (vi) Has no outstanding tax delinquencies owed to the State of Mississippi; (vii) Is not serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022; (viii) Is not the spouse of a person serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022; and

Ownership limitations: No individual or business entity shall have a direct or indirect ownership or economic interest of greater than ten percent (10%) in (a) More than one (1) cannabis cultivation facility license; (b) More than one (1) cannabis processing facility license; and (c) More than five (5) medical cannabis dispensary licenses.

An applicant must have a security plan that is included in its operation plan that is approved by the Department as part of the initial application process. This security plan will list the measures that will be taken by the dispensary to ensure that medical cannabis products are properly secured and safe. It shall include information relating to surveillance systems, camera placement, door security, alarm systems, and measures taken to secure manners of egress and ingress onto the premises. At a minimum, the security plan must meet all requirements set forth in these regulations.

A licensee must notify the Department in writing of any proposed changes to a security plan and must have approval prior to implementing any change. The Department will notify a licensee in writing whether the change is approved.

The Department may withdraw approval of the security plan at any time if there have been one or more documented instances of theft or loss of cannabis products on the licensed premises within the past year. If the Department withdraws its approval of the security plan, the licensee will be given thirty (30) days to modify the plan in a manner that satisfactorily safeguard against future theft or loss of cannabis products. Failure to modify in a satisfactory manner within the prescribed time may result in suspension or revocation.

Failure to comply with the terms of an approved security plan will result in disciplinary action by the Department.

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

A cardholder may not receive more than six (6) MMCEUs from a dispensary or combination of dispensaries during any rolling seven-day period. “Rolling” shall be calculated by reviewing the previous six days.

A resident cardholder may not receive more than twenty-four (24) MMCEUs during any rolling thirty-day period from a dispensary or a combination of dispensaries. A non-resident cardholder may not receive more than twelve (12) MMCEUs from a dispensary or a combination of dispensaries during any rolling fifteen-day period. “Rolling” shall be calculated by reviewing the previous twenty-nine day or fourteen-day period, as applicable.

A cardholder’s patient card may indicate that the patient is restricted to receiving an MMCEU amount less than the amounts stated in Paragraphs 100 and 101 above. It may also indicate that the patient is restricted to receiving medical cannabis products in certain forms. A dispensary is required to restrict its sales to any such patient to match the limitations set forth on the patient card.

A dispensary is required to report to the Department the identity of any individual who communicates the intent to divert cannabis products to individuals who do not have cards, across state lines or to be engaging in the unlicensed sale of cannabis. Such communication must be done as soon as reasonably possible.

A dispensary shall report any criminal activity of which it is aware related to the unlicensed sale or diversion of cannabis, cannabis products or cannabis plants. Failure to report such activity to Department may result in penalties up to and including license suspension, revocation and monetary fines.

A dispensary shall report all transactions involving cannabis products into the State-run electronic tracking system.

A dispensary may not employ anyone who has been convicted of a disqualifying felony offense or is under the age of twenty-one (21). A dispensary may not employ any individual who does not have a valid work permit.

A dispensary must complete a background check on each employee to verify that the employee does not have a disqualifying felony as defined by these regulations.

An individual will not be able to work at a dispensary until after he or she receives a work permit and completes eight (8) hours of continuing education relating to medical cannabis. Thereafter, it is the individual’s responsibility to annually complete five (5) hours of continuing education relating to medical cannabis to maintain such certification. An individual is required to renew his or her permit every five (5) years.

If an individual does not complete the annual continuing education requirements, the individual's work permit may be revoked or suspended until such time as the education requirements are completed.

A dispensary must provide five (5) hours of training to its employees covering, at a minimum, the following topics:

Proper handling of cannabis products;

Proper storage of cannabis products;

Security requirements relating to the sale of cannabis products;

Checking and verifying patient registry cards;

Restrictions on providing medical advice;

Proper cleaning of facility and equipment;

Temperature and climate control procedures; and

Procedures for detecting and preventing mold and bacteria.

A dispensary will provide this training to newly hired employees before they begin performing tasks for the public. This training shall be in addition to the one (1) hour of training provided to new work permittees by the Department and two (2) hours of training provided to new work permittees by METRC.

Upon completion of the annual five (5) hours of training, each worker will sign an attestation to be maintained by the dispensary subject to review by the Department upon request.

Each dispensary is required to create an identification badge for its employees. This badge will be conspicuously worn by employees at all times that they are on the licensed premises.

A cardholder may not receive more than six (6) MMCEU’s from a dispensary or combination of dispensaries during any rolling seven-day period. “Rolling” shall be calculated by reviewing the previous six days.

A resident cardholder may not receive more than twenty-four (24) MMCEU’s during any rolling thirty-day period from a dispensary or a combination of dispensaries. A non-resident cardholder may not receive more than twelve (12) MMCEU’s from a dispensary or a combination of dispensaries during any rolling fifteen-day period. “Rolling” shall be calculated by reviewing the previous twenty-nine day or fourteen-day period, as applicable.

A cardholder’s patient card may indicate that the patient is restricted to receiving an MMCEU amount less than the amounts stated in Paragraphs 100 and 101 above. It may also indicate that the patient is restricted to receiving medical cannabis products in certain forms. A dispensary is required to restrict its sales to any such patient to match the limitations set forth on the patient card.

A dispensary is required to report to the Department the identity of any individual who communicates the intent to divert cannabis products to individuals who do not have cards, across state lines or to be engaging in the unlicensed sale of cannabis. Such communication must be done as soon as reasonably possible.

A dispensary shall report any criminal activity of which it is aware related to the unlicensed sale or diversion of cannabis, cannabis products or cannabis plants. Failure to report such activity to Department may result in penalties up to and including license suspension, revocation and monetary fines.

A dispensary shall report all transactions involving cannabis products into the State-run electronic tracking system.

Before a dispensary may sell cannabis products to a cardholder, including resident cardholders, non-resident cardholders and designated primary caregiver cardholders, the dispensary employee will:

1. Verify the validity of the patient card by scanning the card;

2. Verify that the amount of cannabis products the patient or the designated caregiver is requesting would not cause the patient to exceed the applicable MMCEU purchase and possession restrictions for cardholders or any applicable restrictions on the form of medical cannabis product that may be sold to the patient; and

3. Enter the following information into the electronic tracking system:

The number of the registry identification card of the patient or the name of the designated primary caregiver of the patient;

The amount, sale price, package identification number, and type of cannabis product dispensed;

Whether the cannabis product was dispensed to the patient or to the designated primary caregiver of the patient;

The date and time at which the cannabis product was dispensed;

The employee’s work permit number; and

The license number of the dispensary.

A dispensary may not repackage cannabis product from its original packaging as received from the cultivator or processor. A dispensary may separate bundled packages into individual units if they are packaged individually by cultivators and processors. Dispensary licensees may not sell cannabis products in the manner commonly referred to as “deli style”.

In addition to any other prohibitions and restrictions by law, a dispensary must not:

1. Conduct any transaction without face-to-face verification of the purchaser's identity and cardholder status by scanning the registry identification card;

2. Sell cannabis product that has not passed mandatory testing as required by regulations issued by the Mississippi Department of Health;

3. Sell cannabis product that has not been purchased from a licensed cultivator, processor or dispensary;

4. Sell cannabis product that is not properly packaged or labeled in accordance with applicable rules or statutes;

5. Give away cannabis products, immature cannabis plants or cannabis seedlings;

6. Sell or give away:

Mature cannabis plants;

Food that does not contain cannabis intended for medical treatment; or

Any item that is not considered to be a cannabis product, equipment used for cannabis products, or related supplies and educational materials.

7. Sell any item to a non-cardholder.

8. Sell to any cardholder an amount of cannabis that exceeds applicable the weekly maximum amount or the applicable amount to be sold within a rolling 30 day time period;

9. Sell to any cardholder a form of medical cannabis product to a patient whose patient card indicates that he or she is restricted to only receiving a certain form of medical cannabis product;

10. Sell or distribute cannabis products using:

Curbside service;

A drive-through sales window; or

A delivery service.

11. Sell cannabis products to a person who is visibly intoxicated;

12. Sell or give away pressurized containers of butane, propane, carbon dioxide or other materials that could be used for extraction purposes in the home production of cannabis concentrate, except that a dispensary may sell or give away disposable butane lighters;

13. Sell any edible cannabis product that is molded to contain an image or character designed or likely to appeal to minors, such as images or characters that are cartoons, toys, animals or children;

14. Sell cannabis product that is packaged in a manner that is designed to or likely will appeal to minors, including but not limited to the use of packaging that resembles popular candy brands or contains images or characters that are cartoons, toys, animals or children;

15. Sell cannabis trim or flower that has a potency of more than 30% THC or cannabis edibles, tinctures, oils or concentrates with a potency of more than 60%;

16. Allow cardholders or caregivers to be present on the licensed premises or sell to a cardholder during any hours not permitted on the operating plan;

17. Conduct any activities during hours or on days not authorized in the licensee's operating plan;

18. Sell or transfer returned or recalled cannabis product to another cardholder or caregiver;

19. Allow a cardholder or caregiver to open or alter a package containing cannabis product or otherwise remove cannabis product from packaging required within the premises or in an area that the licensee controls;

20. Allow a cardholder or caregiver to bring cannabis product onto the premises except for cannabis products being returned for refund or exchange;

21. Engage in the sale of cannabis products if mandatory testing is not verified or verifiable with certificate of analysis, or if testing reports unsafe levels of potentially harmful substances, or if testing reports THC levels higher than those allowed by law;

22. Mechanically or chemically extract THC from cannabis or possess, sell or store devices on the premises that can be used for this purpose.

Medical cannabis has been legal in Missiouri since the passage of Initiative 65 in 2020. Adult use cannabis remains illegal in the state.

No, recreational marijuana, also called "adult use", is illegal in Mississippi. Individuals caught using or carrying cannabis risk fines, criminal convictions, or jail time.

There are two taxes associated with the sale of medical cannabis in Mississippi. 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-time sale/transfer of medical cannabis.

• 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 and Tupelo.

Mississippi patients cannot purchase more than 6 MCEUs (21 grams) every 7 days. Mississippi residents with medical cards can purchase up to 24 MMCEUs (84 grams) during any thirty-day period.

Non-resident cardholders are limited to 12 MMCEUs (42 grams) from a dispensary or a combination of dispensaries during any rolling fifteen-day period.

Metrc serves as the seed-to-sale tracking system for the State of Mississippi cannabis program. The Mississippi Department of Health oversees Mississippi’s medical cannabis program.

Yes, Flowhub was one of the first Metrc integrators and has built-in compliance capabilities for the state of Mississippi. This includes our built-in Prescription Monitoring Program (PMP) report which ensures your dispensary's full compliance with this unique Mississippi requirement.

The State Board of Pharmacy requires Mississippi dispensaries to report dispensing information to the Mississippi Prescription Monitoring Program every 24 hours or the next business day. Any reporting errors are required to be corrected and resubmitted to the database as soon as possible and no later than 7 days of the notice of error. See full guidelines from the state here.