House Bill 1158

AN ACT TO AMEND SECTION 41-137-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A PRACTITIONER TO ASSIST A PATIENT IN REGISTERING FOR A REGISTRY IDENTIFICATION CARD WITH THE DEPARTMENT OF HEALTH AFTER THE PRACTITIONER HAS ISSUED A WRITTEN CERTIFICATION TO THE PATIENT; TO PROVIDE THAT THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO A PERSON WHO IS AUTHORIZED TO PURCHASE TOPICAL CANNABIS, AND SUCH PERSONS MAY POSSESS AND USE SUCH PRODUCTS WITHOUT BEING IN VIOLATION OF THIS CHAPTER; TO PROHIBIT ANY STATE AGENCY, DEPARTMENT, POLITICAL SUBDIVISION OR BOARD FROM REQUIRING A PRACTITIONER TO REQUIRE A PATIENT TO SUBMIT TO A DRUG TEST AS A CONDITION TO RECEIVING A CERTIFICATION FOR A REGISTRY IDENTIFICATION CARD; TO PROVIDE THAT A PRACTITIONER SHALL NOT BE REQUIRED TO HAVE ANY ADDITIONAL QUALIFICATIONS TO BE AUTHORIZED TO CERTIFY A QUALIFYING PATIENT FOR A REGISTRY IDENTIFICATION CARD; TO PROVIDE THAT A PRACTITIONER SHALL NOT BE REQUIRED TO BE REGISTERED TO CERTIFY PATIENTS WITH ANY STATE AGENCY OR BOARD OTHER THAN THE MDOH; TO PROVIDE THAT QUALIFYING PATIENTS MAY MAKE A FOLLOW-UP VISIT WITH A DIFFERENT PRACTITIONER THAN THE PRACTITIONER WHO ORIGINALLY ISSUED THEIR WRITTEN CERTIFICATION, PROVIDED THAT SUCH PRACTITIONER IS OTHERWISE REGISTERED AND ACTING WITHIN THEIR SCOPE OF PRACTICE AND THE PROVISIONS OF THE LAW; TO AMEND SECTION 41-137-23, MISSISSIPPI CODE OF 1972, TO REQUIRE MDOH TO VERIFY THE INFORMATION CONTAINED IN A REGISTRY IDENTIFICATION CARD APPLICATION OR RENEWAL AND APPROVE OR DENY AN APPLICATION OR RENEWAL WITHIN TEN DAYS OF RECEIVING A COMPLETED APPLICATION OR RENEWAL APPLICATION; TO PROVIDE THAT A MEDICAL CANNABIS WRITTEN CERTIFICATION ISSUED BY A PRACTITIONER SHALL BE VALID FOR THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE OF APPLICATION; TO AMEND SECTION 41-137-35, MISSISSIPPI CODE OF 1972, TO CAP THE CANNABIS CULTIVATION FACILITY TIER 6 TO NOT MORE THAN 150,000 SQUARE FEET; TO AUTHORIZE AN INDIVIDUAL OR BUSINESS ENTITY TO HAVE AN OWNERSHIP OR ECONOMIC INTEREST IN A MEDICAL CANNABIS TESTING FACILITY AND A CANNABIS TRANSPORTATION ENTITY; TO PROVIDE THAT MDOH MAY CONTRACT WITH A PRIVATE LABORATORY FOR THE PURPOSE OF CONDUCTING COMPLIANCE TESTING OVERSIGHT OF MEDICAL CANNABIS; TO AMEND SECTION 41-137-39, MISSISSIPPI CODE OF 1972, TO REQUIRE A PROSPECTIVE EMPLOYEE TO UNDERGO A FINGERPRINT-BASED BACKGROUND CHECK BY THE DEPARTMENT OF PUBLIC SAFETY; TO REQUIRE A SUBSEQUENT BACKGROUND CHECK TO BE CONDUCTED ON PROSPECTIVE EMPLOYEES IF THEY DO NOT START EMPLOYMENT WITH AN ENTITY FOR SIX MONTHS; TO AUTHORIZE ANY TOPICAL CANNABIS PRODUCT THAT IS PURCHASED BY A DISPENSARY FROM A LICENSED PROCESSOR, AND THAT IS NOT INGESTED BY THE LIVER, TO BE SOLD TO A CARDHOLDER OR ANY PERSON OVER THE AGE OF TWENTY-ONE WHO IS NOT A CARDHOLDER; TO AMEND SECTION 41-137-41, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISPENSARY WEBSITES TO DISPLAY PICTURES OF THE PRODUCTS THAT THE DISPENSARY SELLS; TO PROHIBIT A STATE AGENCY OR BOARD FROM IMPLEMENTING ANY RULE, REGULATION, POLICY OR REQUIREMENT THAT IS CONTRARY TO THE PROVISIONS OF THE MISSISSIPPI MEDICAL CANNABIS ACT; TO AMEND SECTION 41-137-47, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LICENSING AGENCIES TO DENY THE APPLICATION OF ANY APPLICANT WHO FAILS TO MEET THE QUALIFICATIONS FOR OBTAINING SUCH LICENSE; TO ESTABLISH CERTAIN APPEAL PROCEDURES FOR DENIALS; TO PROVIDE THAT ANY ONGOING INVESTIGATION BY A LICENSING AGENCY UNDER THIS SECTION SHALL BE CONSIDERED CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER THE MISSISSIPPI PUBLIC RECORDS ACT; TO AMEND SECTION 41-137-49, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ADDRESSES OF PROSPECTIVE AND LICENSED MEDICAL CANNABIS ESTABLISHMENTS, EXCEPT FOR MEDICAL CANNABIS DISPENSARIES, SHALL BE CONSIDERED CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER THE MISSISSIPPI PUBLIC RECORDS ACT; TO AMEND SECTION 41-137-59, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE JUDICIAL REVIEW OF AN APPEAL FROM A FINAL DECISION OR ORDER OF AN AGENCY UNDER THE PROVISIONS OF THE MEDICAL CANNABIS ACT SHALL BE BASED ON THE RECORD MADE BEFORE THE AGENCY; TO AMEND SECTION 41-137-63, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF REPEAL FOR THE MEDICAL CANNABIS ADVISORY COMMITTEE; TO AMEND SECTION 41-29-153, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONTROLLED SUBSTANCES AND RAW MATERIALS WHICH HAVE BEEN USED IN VIOLATION OF THE MEDICAL CANNABIS ACT MAY BE SUBJECT TO FORFEITURE; TO EMPOWER LAW ENFORCEMENT OFFICERS OF THE MISSISSIPPI DEPARTMENT OF REVENUE OR MISSISSIPPI DEPARTMENT OF HEALTH ACTING WITH THEIR DUTIES IN ACCORDANCE WITH THE MISSISSIPPI MEDICAL CANNABIS ACT TO SEIZE SUCH SUBJECTS; TO AMEND SECTION 41-29-154, MISSISSIPPI CODE OF 1972, TO EMPOWER LAW ENFORCEMENT OFFICERS OF THE MISSISSIPPI DEPARTMENT OF REVENUE OR MISSISSIPPI DEPARTMENT OF HEALTH ACTING WITH THEIR DUTIES IN ACCORDANCE WITH THE MISSISSIPPI MEDICAL CANNABIS ACT TO DESTROY ANY CONTROLLED SUBSTANCES OR PARAPHERNALIA SEIZED UNDER THEIR AUTHORITY; TO AMEND SECTION 25-53-1, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF REPEAL THAT ALLOWS AN EXEMPTION TO ITS OVERSIGHT FOR THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF REVENUE FOR THE PURPOSES OF IMPLEMENTING, ADMINISTERING AND ENFORCING THE PROVISIONS OF THE MISSISSIPPI MEDICAL CANNABIS ACT; TO AMEND SECTION 25-53-5, MISSISSIPPI CODE OF 1972, AS AMENDED BY SENATE BILL NO. 2728, 2023 REGULAR SESSION, TO EXTEND THE DATE OF REPEAL THAT ALLOWS AN EXEMPTION TO ITS PROCUREMENT PROCEDURES FOR THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF REVENUE FOR THE PURPOSES OF IMPLEMENTING, ADMINISTERING AND ENFORCING THE PROVISIONS OF THE MISSISSIPPI MEDICAL CANNABIS ACT; TO CREATE NEW SECTION 73-21-127.1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PRESCRIPTION MONITORING PROGRAM TO ISSUE AN ANNUAL REPORT TO THE LEGISLATURE THAT INDICATES THE NUMBER OF OPIOID PRESCRIPTIONS THAT WERE PROVIDED TO PATIENTS DURING THAT YEAR; TO AMEND SECTION 41-137-3, MISSISSIPPI CODE OF 1972, TO ADD THE DEFINITION OF THE TERMS ARTIFICIALLY DERIVED CANNABINOID, CANNABINOID AND CANNABIS WASTE; TO AMEND SECTION 41-137-57, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN ANY COUNTY OR MUNICIPALITY IN WHICH REAL PROPERTY IS OWNED, LEASED OR OTHERWISE CONTROLLED BY A WATERWAY DISTRICT OR WATER MANAGEMENT DISTRICT CREATED IN TITLE 51, MISSISSIPPI CODE OF 1972, THE DECISION OF THE COUNTY OR MUNICIPALITY TO OPT OUT OR OPT IN OF ALLOWING MEDICAL CANNABIS ENTITIES SHALL BE BINDING ON ALL REAL PROPERTY IN SUCH DISTRICT; TO PROVIDE THAT THE ORDINANCES OF A COUNTY OR MUNICIPALITY RELATED TO THE PROVISIONS OF THE MEDICAL CANNABIS LAW SHALL BE APPLICABLE TO ALL REAL PROPERTY WITHIN THE BOUNDARIES OF THE COUNTY OR MUNICIPALITY IN SUCH DISTRICT; AND FOR RELATED PURPOSES.

In the House of Representatives

• Lee Yancey

  Sponsor

• House of Representatives floor amendmentAdopted

  Adopted Feb 1

• House of Representatives floor amendmentPending

• Senate committee amendmentPending

• Senate floor amendmentAdopted

  Adopted Mar 8

• Senate floor amendmentAdopted

  Adopted Mar 8

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 16 – Feb 1

1. Jan 16Referred to the House committee on Drug Policy
2. Jan 24Reported from committee in the House: title sufficient, do pass as a committee substitute
3. Feb 1Committee substitute adopted in the House
4. Amended in the House
5. Passed the House as amended

In the Senate Feb 6 – Mar 8

1. Feb 6Sent to the Senate
2. Feb 15Referred to the Senate committee on Public Health and Welfare
3. Feb 28Reported from committee in the Senate: title sufficient, do pass as amended
4. Mar 8Amended in the Senate
5. Passed the Senate as amended

Back in the House of Representatives Mar 8 – Mar 20

1. Mar 8Reconsidered in the Senate
2. Amended in the Senate
3. Passed the Senate as amended
4. Mar 13Returned to the House to concur in the Senate's amendments
5. Mar 14Concurred in the House in the Senate's amendments
6. Mar 20Enrolled bill signed in the House

To the Governor Mar 20 – Mar 27

1. Mar 20Enrolled bill signed in the Senate
2. Mar 27Approved by the Governor