The Status of Cannabis Legalization in Mississippi
Mississippi legislators are seeking to change legal punishment for cannabis possession. House Bill 598 seeks to provide that a first offense of simple possession of thirty (30) grams or less of cannabis or ten (10) grams or less of synthetic cannabinoids would be a civil offense and not a criminal offense. Senate Bill 2414 seeks to reduce the punishment for the simple possession of a small amount of marijuana to a civil penalty.
Up until this point, Mississippi has been known for its restrictive medical marijuana laws. In 2014, the bill known as Harper Grace’s Law was passed, allowing affirmative defense for patients suffering from debilitating seizures for the use of CBD oil or cannabis oil with 0.5% or less THC in it. However, the law limits the use of this oil, which can only be produced at the National Center for Natural Products Research and dispensed by the University of Mississippi Medical Center. This program came about in the first place because of Harper Grace, an adolescent who suffered chronic seizures—characteristic of the condition epilepsy— found relief from her condition using CBD oil.
According to the local NBC station in Mississippi, “A campaign for medical marijuana is more than just a ballot initiative, it’s another line of hope for some Mississippi families.” This was the case with Ashley Durval and her daughter Harper Grace in 2014. However, the legislation named the Harper Grace Law stalled for four years. In 2018 Durval admitted, “When we did the bill initially, I never thought it would take as long as it has.”
Citizens of Mississippi, the Hospitality State, voted to approve medicinal cannabis by a majority in the November 2020 election. They voted on both medical marijuana amendment Initiative 65 and Initiative 65A, with the latter allowing medicinal legalization for only debilitating medical conditions. The grassroots initiative, Initiative 65, will allow doctors to prescribe medical cannabis for 22 debilitating conditions. If Initiative 65A passed on its own, it would have banned cannabis smoking for medical cannabis patients who were not terminally ill.
Under the passages of both 65 and 65A, the Department of Health in Mississippi is responsible for developing regulations for the program. They plan on beginning to accept applications for medical cannabis cards in June 2022 for patients as well as applications for cultivators, dispensaries, processors, and other medical marijuana businesses. The MSDH anticipates that medical cannabis products will be available for patients in late 2022.
How to get a Medical Marijuana Card in Mississippi
By June 2022, the Mississippi Department of Health (MSDH) plans on beginning to accept applications for medical marijuana patients and practitioners as well as for cannabis transportation and facilities for cultivation, processing, testing, and cannabis waste disposal.
Minors under the age of 21 can only qualify for the medical cannabis program with parental or guardian consent. Additionally parents and guardians are responsible for controlling the administration of cannabis as well as its dosage. Minor patients will also be unable to enter a dispensary without a parent or guardian present.
The medical cannabis card application fee is $25 due to MSSDOH for the initial application and $25 for every renewal. Patients who are considered disabled veterans or disabled first responders who have documentation noting them as such, may apply for the application fee to be waived.
Caregiver Rules
Patients are able to designate a caregiver to help them with getting their medical cannabis from a dispensary. If you need more than one caregiver, you must submit information documenting that more caregivers are needed due to the patient’s age or medical condition.
According to the MSDOH, caregivers must be 21 or older unless they are the parent or guardian of a medical cannabis patient who is a minor. Caregivers also may not have certain prior felonies or convictions. Felonies and convictions that can disqualify you from becoming a caregiver include:
- A conviction for a crime of violence according to MS law.
- A conviction for a crime that is defined as violent by law in the jurisdiction that the offense was committed in.
- A conviction or felony for violating any federal or state substances law including any probation, incarceration, or supervised release within the past five years.
- Though these are not currently detailed out, in most states this usually includes drug possession or distribution charges. Caregivers can assist no more that five patients at a time unless the caregiver works at a health facility or similar institution that provides care to patients.
A caregiver application fee will be applied and cost $25 a year. The background check that is part of the requirements for a caretaker will cost the applicant $37.
Qualifying Conditions
Though the state is still in the process of developing their medical marijuana program and its launch timeline, the medical conditions that are approved for medical cannabis treatments include:
Potency Restrictions
Currently patients can purchase cannabis oil containing only 0.5% THC under Harper Grace’s Law. When patients are able to apply to the new medical program and dispensaries are available, cannabis flower must not exceed 30% of THC levels and tinctures, oils, and concentrates may not exceed 60% THC. Additionally, all cannabis products from a dispensary must have a “notice of harm” marked on the packaging.
Cultivation Rules
Patients or caretakers will not be allowed to grow their own cannabis in Mississippi when the program begins.
Possession & Purchase Limits
Possession restrictions and purchase limits in Mississippi are calculated based on Medical Cannabis Equivalancy Units (MCEUs) instead of measurements such as grams and ounces. You may not posess more than 28 MCEUs of cannabis or cannabis based products at a time. This is equal to 98 grams, which is less than 3.5 ounces of dried marijuana flower.
Essentially you can purchase in a day up to 3.5 grams of flower, one- 100mg THC infused product, or one product containing 1 gram of cannabis concentrates. Additionally you are restricted to the following purchase guidelines:
- Patients cannot purchase more than six MCEUs in a week (which is approximately 21 grams, or less than ¾ of an ounce of dried flower)
- Patients cannot purchase more than 24 MCEUs in a week (which is approximately 84 grams, or less than three ounces of dried flower)
- Patients cannot purchase more than 24 MCEUs in a week (which is approximately 84 grams, or less than three ounces of dried flower)
In addition to possession and purchase limits, the following limitations also apply to medical cannabis program patients:
- Patients cannot smoke or vaporize in vehicles or public places.
- You may not drive, operate a boat, train, or aircraft, or undertake any task that would be negligent or entail professional malpractice while under the influence of cannabis.
Landlords are not prohibited from banning tenants from using medical cannabis at home.
Frequently Asked Questions
Not yet. It will be legal after the medical cannabis program is established and dispensaries are in operation.
Low-THC cannabis oil (also known as CBD oil) has very low quantities of THC (no more than 0.5% in Mississippi) and does not generate the “high” frequently associated with cannabis. THC is the cannabinoid responsible for cannabis’ intoxicating effects.
Patients with cancer or a disease that causes chronic seizures or muscle spasms sometimes use low-THC cannabis oil for treatment. Mississippi only allow forms of CBD oil that contain very small percentages of THC.
No. your right to own firearms has nothing to do with the medical cannabis program in Mississippi.
No. The medical cannabis bill does not require insurance companies to pay for your cannabis.
No. Employers in Mississippi are not required to allow patients to use medical cannabis and are able to require drug testing as a condition of employment in line with their normal business practices.
In MS, you will be unable to possess more than 28 MCEUs, or 98 grams of cannabis products at a time.
Yes, if you are an individual who has been a Mississippi resident for less than 45 days, you can register with the MSDOH to purchase and use medical cannabis in the state.
You must be certified to use medical marijuana in your home state as well as have a practitioner statement attesting that you have a medical condition that qualfies for cannabis in MS. You also must submit any documentation required by the medical cannabis program and can only register for a total of two 15-day periods every year. Each registration costs $75.
According to the MSDH, cannabis products will become available to patients in late 2022 to allow time for cultivation of marijuana in the state and required safety testing. As of August 2022, there are still no operational dispensaries in the state of Mississippi.