Mississippi Cannabis Licensing and How to Prepare as an Operator
On February 2, 2022, Mississippi became the 37th state to allow cannabis for medical use. Governor Tate Reeves signed into law the Mississippi Medical Cannabis Act (SB 2095), sponsored by Sen. Kevin Blackwell, to restore voters’ will by creating a medical cannabis program. Both chambers passed the bill by veto-proof margins in one of the largest vote margins in history.
Regulatory Authority
The Mississippi State Department of Health (MSDH) will have primary regulatory authority, including for licensing all business types and for the registry ID program. They are also responsible for the regulations around seed-to-sale tracking, recordkeeping, oversight, security, health and safety, transportation, employee training, capital requirements, standards for safe processing, and ensure safe and accurate labeling and packaging requirements. The Mississippi Department of Revenue will be responsible for the licensing of medical cannabis dispensaries.
Medical Cannabis Businesses
There is no numerical cap on business licenses. The following types of medical cannabis businesses will be licensed: dispensaries, cultivation facilities, processing facilities, cannabis transportation entities, disposal entities, testing facilities, and research facilities. There will be two tiers of micro-cultivator and additional tier of cultivation, depending on size.
Dispensaries may be in areas zoned commercial. While cultivation and processing facilities may be located in areas zoned industrial, commercial, or agricultural.
No individual or business may have more than 10% ownership interested in more than the following:
· 1 (one) cultivation license
· 1 (one) processing license
· 4 (four) dispensaries
Local Control and Bans
Localities had the option to opt out by a vote of the governing body by Tuesday, May 3rd, 90 days of the bill’s passage. However, 20% or 1,500 voters (whichever is fewer) may then petition to put the question on the ballot within 60 days of the election (July 2,2022). See here for a list of local communities where cannabis businesses will and will not be allowed.
Timeline Highlights
· Public comment remains open on the current Proposed Regulations until 12:59 pm CDT June 1st, 2022.
· Beginning at 8:00 am CDT on Wednesday, June 1, 2022, applications, and licenses will be accepted online for individuals and businesses.
· Once the application process begins, there will be a 30-day approval time for licensure applications, and a five-day approval time for program patients.
· Applications will be granted or denied within the following timelines:
60 days after passage, MSDH will begin issuing registry ID cards (Sec. 12).
120 days after passage date: MSDH begins accepting applications, registering practitioners, and issuing registry ID cards.
120 days after passage: MSDH begins licensing medical cannabis businesses other than dispensaries, with licenses issued within 30 days of the date of application, whichever is later.
150 days after passage: MSDH begins licensing dispensaries, with licenses issued within 30 days of the date of application, whichever is later.
If a deficiency is identified, the application may have time to cure it. – This means the State's first licenses may be issued as early as November 1st, 2022.
Ways To Prepare If You Intend to Apply for A License in Mississippi
Global Go has assisted and participated in competitive license contests at both the local and state levels in multiple states, including Florida, Ohio, New Jersey, California, Alaska, Illinois, and Nevada. Having helped Clients to receive well over 200 licenses in multiple states and countries, they have the extensive knowledge and experience necessary to help you acquire all State and local licenses and permits necessary to be one of Mississippi’s first legal commercial cannabis operators.
If you are a patient with plans to register for medical cannabis use, or an individual or entity intending to apply for a license as a practitioner, caregiver, patient or business (cultivation, disposal, processing, research, testing, transportation), don’t wait, here is a Pre Application Checklist to get started.
Resources:
https://msdh.ms.gov/msdhsite/_static/30,0,425.html
https://www.mpp.org/states/mississippi/
https://www.mpp.org/states/mississippi/mississippi-medical-cannabis-act-summary/
https://www.dor.ms.gov/dispensary-opt-out-map
For more information or to be contacted by a Global Go team member, please fill out the contact form below