Mississippi lawmakers approve amendments to the medical cannabis law

The Mississippi legislature last week passed a bill mandating changes to the state’s Medical Cannabis Act, the bill legalizing medical marijuana passed by the legislature last year. The measure, House Bill 1158, now goes to the desk of Republican Gov. Tate Reeves for consideration.

Republican Senator Kevin Blackwell, a Republican and one of the authors of the bill, said the legislation clarifies provisions of Mississippi’s medical marijuana law, which was passed by state legislatures in 2022.

“Unfortunately, the Department of Health and Human Services probably accepted some things in its rules and regulations that were not intended in the bill,” Blackwell said in the Senate on March 8. “So we’re trying to correct those… and we’re doing that in the bill.”

The bill’s lead author, Republican Rep. Lee Yancey, provided an example of a rule enacted by state regulators that would be reversed by House Bill 158 if the governor signs the law.

“The Board of Medical Licensure started introducing additional requirements for physicians to be able to certify people, so … and that wasn’t in the bill. So it wasn’t our intention that there be additional requirements,” said Yancey, who noted that the bill is intended to help Mississippi’s medical marijuana program run more smoothly. “So they have to do those eight hours the first year, and after that there’s five hours of continuing education every year. We felt this was enough to keep them updated on the new research.”

In an attempt to prevent similar discrepancies between state laws and regulations issued by state agencies in the future, the measure also includes language aimed at preventing regulators from issuing regulations that do not comply with the state’s medical marijuana law to match.

“No state agency, policy subdivision, or body shall implement any rule, regulation, policy, or requirement that conflicts with the provisions of the Mississippi Medical Cannabis Act,” reads the text of the bill.

Bill makes several changes to Mississippi’s medical cannabis law

House Bill 1158 also makes investigations by government agencies, including subpoenas from the Department of Health, confidential pending an investigation into the matter. An earlier version of the bill kept such records from the public indefinitely, but some senators argued that keeping such material from the public for any length of time was unacceptable.

“I think if it were made transparent, it would dispel any back and forth on social media,” said Republican Sen. Angela Burks Hill, one of five senators who voted against the bill. “I think hiding that will only fuel this speculation.”

The bill also makes the physical addresses of all medical marijuana businesses other than dispensaries confidential. During public hearings on the legislation, Yancey said the provision was designed to protect the safety of cannabis operators, who often need to store large amounts of product and cash on-site.

House Bill 1158 also requires the Mississippi Department of Health and Human Services to approve a patient’s request for medical marijuana use within 10 days, a reduction from the current 30-day requirement. The amendment was enacted to address a backlog in the Agency’s processing of applications.

Other changes include allowing patients to have follow-up visits with a doctor other than the one who first approved the medical marijuana recommendation, without forfeiting certification or access to medical cannabis. Additionally, medical professionals who have approved a patient for medical marijuana use may now assist the patient in completing the required state application for a medical marijuana card.

Another provision of the legislation allows dispensaries to sell topical medical cannabis products that cannot be consumed by adults 21 and older without a medical marijuana card. The bill also allows licensed medical marijuana dispensaries to sell hemp-derived products that are legal under federal law, including low-THC CBD formulations. The bill also stipulates that hemp products will not be subject to the control of the state’s Medicinal Cannabis Act.

The bill also allows the Department of Health to hire private labs to conduct compliance testing for medical marijuana products. However, such labs are not allowed to perform commercial analysis for licensed medical marijuana companies. Under the legislation, labs performing testing for licensed medical marijuana companies may become licensed cannabis transporters or use the services of an independent licensed transporter.

The legislation also allows licensed medical marijuana companies to use marijuana imagery in company logos and other trademarks. Photos of medical marijuana products for sale can be posted online by dispensaries.

House Bill 1158 received final approval from the Mississippi Legislature on March 14. The bill now awaits action from the governor.