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Mississippi has legalized the use of marijuanas for medical patients who meet the 22 debilitating medical conditions. In February 2022, The Mississippi State Legislature passed the Mississippi Medical Cannabis Act which established the first medical marijuanas program in Mississippi.
The new bill reflects key features of Initiative 65, which was approved by more than 74% of Mississippi voters last November, including broad access for patients, decision rights for certifying healthcare providers, a free market and sustainable revenue models and reasonable regulations.
The qualifying debilitating medical conditions in Mississippi approved under the Mississippi Medical Cannabis Act include:
Chronic, terminal or debilitating disease or medical condition, or its treatment, that produces one or more of the following:
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Yes, under the Mississippi Medical Cannabis Act, which the Mississippi State Legislature passed in February 2022, medical marijuana is legal in Mississippi for patients with qualifying debilitating medical conditions that have been certified by a credentialed MSDH-approved medical cannabis practitioner, and have been registered and approved by the MSDH. Non-medical or recreational marijuana is still illegal.
No, Mississippi is not recreationally legal and prohibits the use of recreational marijuana. As of the start of 2023 only medical marijuana has been legalized in Mississippi.
The limit to the amount of medical cannabis a patient can purchase is ¾ of an ounce, per week. Again, this is only the weekly purchase limit, not the monthly limit.
Yes. Any resident of Mississippi can petition the MSDH to add severe medical conditions or their treatments to the list of debilitating medical conditions listed in the MMCA. The MSDH will consider petitions in accordance with its rules and regulations, including public notices and hearings. The MSDH will approve or deny a petition within sixty (60) days of its submission. The approval or denial of any petition is a final decision of the MSDH.
Yes, edibles are legal in Mississippi for registered patients who purchase them legally at licensed Mississippi dispensaries.
Yes. Veterans who have a qualifying debilitating medical condition, are certified by a Mississippi medical marijuanas doctor, and have applied for (and received) their card from MSDH, will be able to use medical marijuana in Mississippi.
A disabled veteran or first responder may prove their disability by providing written documentation from their practitioner attesting to their debilitating medical condition, documentation from the Social Security Disability Office, or documentation that attests the applicant is a one-hundred percent (100%) disabled veteran as determined by the U.S. Department of Veteran Affairs.
Yes. In Mississippi, children (those under the age of 18) may become medicinal marijuana patients. The minor, however, must have a parent or legal guardian register as his or her caregiver.
Yes. Facilities such as schools, childcare facilities, and temporary care providers, will be allowed to administer medical cannabis to certified patients in the same manner as traditional medical prescriptions.
No. As the law currently stands, there is no provision allowing for home cultivation, and that is unlikely to change. Only registered medical cannabis businesses with the proper certifications and licenses from the State are allowed to grow and cultivate marijuana.
No, in the State of Mississippi, patients cannot smoke or consume their medical cannabis in public. Public consumption is prohibited under the MMCA and does NOT allow for smoking medical cannabis in a public place or in a motor vehicle.
*The term “smoking” includes vaping and any other method of inhalation of medical cannabis.
At this time, certified medical marijuana patients with an activated Mississippi medical marijuanas card, will be able to purchase several forms of medical marijuana products from licensed dispensaries when they open, including in smokeable form, vaporization form, edible products (such as gummies, cookies, or brownies), beverages, topical products (such as lotions and patches), ointments, oils, tinctures, and suppositories that contain tetrahydrocannabinol (THC) and/or cannabidiol (CBD).
No. It is against both State and Federal Laws to cross state lines with medical cannabis.
No. It is illegal to drive a vehicle or operate heavy equipment or machinery while impaired by medical cannabis use.
Employers don’t have to allow employees to use medical cannabis “off the clock” and can still drug test. This is especially true if the employee operates machinery.
However, none of this should be viewed as creating a private right of action by an employee against an employer, and none of these affect the existing legal relationship between an employer and employee or any existing law or regulation relating to such relationship.
For this reason, it is strongly recommended that you talk with your employer about their policy regarding your use of medical cannabis.
Yes. The MMCA does not require any employer to allow the medical use of medical cannabis.
Furthermore, it does not prohibit any employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against you with respect to hiring, discharging, tenure, terms, conditions, or privileges as a result, in whole or in part, of your use of medical cannabis, regardless of your impairment or lack of impairment resulting from it.
However, some employers may choose to show some tolerance toward employees who possess Registry ID cards and receive authorized treatments of medical cannabis – as opposed to zero tolerance for all confirmed positive drug tests.
Employers will need to be mindful of the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA). The MMCA defines what conditions constitute a “debilitating medical condition”, and many would of these qualifying conditions would also qualify as a disability under the ADA or a serious health condition under the FMLA.
You are protected as a certified medicinal marijuana patient. Patients are not required to report their possession of medicinal marijuana and are not required to agree to a search. If a search is undertaken and medicinal marijuana is discovered, the patient must immediately provide their patient Registry ID card or lead law enforcement to the state database to demonstrate that they are a licensed patient.
Yes. Medical marijuana is treated the same as alcohol use in the eyes of the law. Anyone who is caught under the influence of medical marijuana while operating or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized forms of transportation while under the influence of marijuana, could face criminal offenses as it is still illegal under the current law.
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