Mississippi

Navigating Mississippi State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Mississippi. 

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Background on State Laws

In 2014, Mississippi enacted HB 1231, which created an affirmative defense for the possession and use of CBD oil solely for patients who suffer from debilitating epilepsy. Known as “Harper Grace’s Law,” the bill only provides legal protections to this extremely limited patient population only if the CBD oil was either obtained from or tested by the National Center for Natural Products Research at the University of Mississippi, and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center. Today, as a registered patient in Mississippi, you will have an affirmative defense in court if you are arrested for the possession of cannabis. In 2022, Mississippi passed the Medical Cannabis Act, S.B. 2095 creating the Mississippi Medical Cannabis Program (MMCP) regulated by MS Department of Health (MSDH) allowing patients and caregivers to possess up to 3.5 ounces  at one time and purchase 6  Mississippi Medical Cannabis Equivalency Units (MMCEUs). A week which includes 3.5 grams of medical cannabis flower, 1 gram of medical cannabis concentrate; or 100 milligrams of THC in an infused product & 24 a month approx. 3 ounces. The first legal sale of medical cannabis in the state was not made until January 2023.

The state of Mississippi does not recognize out-of-state patient registrations but visiting patients can register with the state 30 days before arriving in the state.  Growing cannabis at home remains illegal in the state of Mississippi.

Here is a breakdown of how Mississippi fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Mississippi can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	20/100
Arrest Protection 0/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 0/20 Explicit Privacy Standards 0/5
Access to Medicine	0/100
Authorizes Retail Access 0/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 0/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 0/30 Reciprocity 0/20
Program Functionality	20/100
Legal Protections Within Reasonable Time Frame 0/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 0/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 3/5 - Background Checks 2/2 - Number of Caregivers 1/3 Reasonable Physician Standards 5/5 Access to Administration Methods 2/10 - Allows Dried Flower 0/5 - Allows Edibles, Concentrates, and Other Forms 2/5 Provides Access to Minors on School Grounds 0/5
Affordability	40/100
Sales Tax Break for Patients and Caregivers 0/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 20/20 Donation Program 0/10 Allows Multi-Year Registrations 0/10
Health and Social Equity	11/100
State Program Protections 0/25 Housing Protections 0/25 Access for Minors 10/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 1/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	91/200
Cultivation Operations 23/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 0/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 8/8 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 3/3 - Cannabinoids 1/1 - Terpenes 1/1 - Pesticides 1/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 24/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 0/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 9/10 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 1/1 - Water Activity 1/1 Packaging and Labeling 5/5 - Cannabinoids 1/1 - Terpenes 1/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 1/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 0/50 Staff Training 0/20 Standard Operating Procedures 0/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 44/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 20/20 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 0/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 0/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 0/4
Score Penalties	40/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 15/15 Administrative or Supply Problems 15/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 5/5 Imposes Bans or Limits on CBD 5/5
Excerpted from ASA's 2022 State of the States Report.