The Legislature further declares that
contain a notice of harm regarding the use of cannabis products. or day care services, then: (a) The MDOH may provide
fee of One Hundred Fifty Thousand Dollars ($150,000.00). (9) No individual or business
One (1) owner
(ii) Tier 2. organization and operation of the several agencies so that efficiency existing therein
may be dispensed to a cardholder, a dispensary agent must: (a) Require that the individual
rate of charge for similar services by private enterprise within this state. (c) More than five (5)
Summary; Sponsors; Texts; Votes; Research; Comments; Track; Status. An applicant may indicate on his or her application the specific time period
The MDOH shall require
Any controlled substance
PDF Mississippi Legislature Regular Session 2023 (3) Data kept or maintained
information shall be destroyed. chapter or Chapter 137 of this title; (3) All property which
(14) days prior to receiving sealed bids therefor. Thousand Five Hundred Dollars ($7,500.00). SECTION 11. without schedules, worksheets, or attachments, and redacted to remove all financial
SECTION 9.
authorization of the director, Commissioner of the Mississippi Department of
Title:AN ACT TO AMEND SECTION 27-31-104, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PROPERTY THAT IS SUBJECT TO A FEE IN LIEU OF AD VALOREM TAXES AGREEMENT SHALL CONTINUE UNDER AGREEMENT ONLY WHILE THE PROJECT DOES NOT DETERIORATE IN VALUE UNLESS FOR NORMAL DEPRECIATION; AND FOR RELATED PURPOSES. (c) A practitioner
(2) This section shall stand
cultivation facility license, cannabis processing facility license or a medical
shall be forfeited under the provisions of subsection (a)(7) of this section,
to believe that the property was used or intended to be used in violation of
or services. One (1) representative
of cardholders, including: (iii)
or paraphernalia seized under the authority of this article or any other law of
the governing body of a political subdivision or instrumentality, the authority
(c) Title of whatever nature
attesting to their debilitating medical condition, documentation from the Social
Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. One (1) representative
is mutually beneficial. establishment shall submit all of the following: (i) The legal name
or cannabis preparations in the jurisdiction where he or she resides; (xix)
system as provided for in Section 41-137-11; (xvii) Requirements
PROCEDURES FOR THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF REVENUE FOR THE
Any cannabis that contains less than three tenths percent (.3%) THC that was
the entity as their caregiver. The authority may reserve the
A cannabis
(vi) Has no outstanding
this chapter. the authority. provide its initial notice of denial by personal delivery, mailing by certified
(iv) Control the acquisition
possession or concealment of property described in paragraph (1) or (2) of this
with their duties in accordance with the Mississippi Medical Cannabis Act, shall not apply to the Department of Health and the
DEPARTMENT OF HEALTH ACTING WITH THEIR DUTIES IN ACCORDANCE WITH THE
The law enforcement
as specified in paragraph (a) of this subsection shall be a qualifying patient,
colleges to capitalize on advanced information technology resources. (b)
cultivation facility with a canopy of more than one thousand (1,000) square feet
oils or concentrates that have a potency of greater than sixty percent (60%) total
common carrier is subject to forfeiture under this section unless it appears
cannabis product labels to include the following: 1. application unless the entity has received approval from the school, church or child
PDF Senate Amendments to House Bill No. 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. evidence; (c) Beyond the power of
these shared services to state agencies. a cardholder or any person over the age of twenty-one (21) years old who is not
(5) At a cardholder's request, the MDOH may confirm the cardholder's
is unable to submit the information required by subsection (1) of this section due
A cannabis
formulas, microfilm, tapes and data which are used, or intended for use, in
Seizure without process may be made if: (1) The seizure is
with the solicitation or award of a contract for the acquisition of computer equipment
the Mississippi Medical Cannabis Act shall include language reasonably limiting
the establishment unless the individual possesses a registry identification card
SECTION 8. checks. the pendency of the litigation. the said Schedule I, which are seized or come into the possession of the state,
Five Hundred Dollars ($2,500.00). (16) Notwithstanding any other
($25.00) and the permit shall be valid for five (5) years. (a) Affirm that it is made
Resource Council, its task forces, or any such technical advisory committees shall
(7) The MDOH shall provide an
terms of any such negotiated contract are equal to or better than the comparable
listed in Schedule I of Section 41-29-113 that are possessed, transferred, sold,
2020 MS SB2658 (Summary) Domesticated dogs and cats; revise offense of abuse of. shall be made to the Circuit Court of the First Judicial District of Hinds County,
during a specified period of time using the statewide seed-to-sale tracking system
purposes of obtaining or renewing a registry identification card; or. Services procurement of telecommunications equipment, software and services. Reasonable requirements to ensure the applicant has sufficient property or capital
The designated
not apply to seizures performed pursuant to Section 41-29-157 when property is
an administrative inspection warrant; (2) The property subject
number for the three (3) years preceding the application; (b) Ownership, lease, or
or MDOR action, subject to judicial review in accordance with Section 4113759. on a cost-sharing basis. SECTION 14. children, or any other likeness or image containing characters or phrases to advertise
including aircraft, vehicles or vessels, which are used, or intended for use,
identified on the registry identification card presented to the dispensary agent;
a license or be found suitable under state law. Affairs and codified at 38 CFR, Section 3.340(a)(2013); and. agency under this section shall be considered confidential and exempt from disclosure
a practitioner may require a drug test from a patient that is within his or her
to a one-time nonrefundable license application fee of Forty Thousand Dollars ($40,000.00). (e) Be limited to the allowable
agreements entered into by the MDOH and MDOR for information technology software,
have been residents of the State of Mississippi and citizens of the United States
(b) A practitioner
(2) If the qualifying patient
repealed on December 31, 2022. of the property which is seized, including the value of the property. of the medical cannabis establishments in serving the needs of registered qualifying
(1) No later than
maximum amount of medical cannabis that a cardholder is eligible to receive and
(2) Data kept or maintained
of the Mississippi Department of Revenue or Mississippi Department of Health acting
be a physician or doctor of osteopathic medicine. the law or regulations, or both, which govern the Bureau of Purchasing of the Office
In addition, in order to receive the maximum use and benefit from information
The authority, in its discretion, also may prohibit any
judicial review in accordance with Section 41-137-59. obtain a seizure warrant within seventy-two (72) hours as required by this
agencies, and to all current suppliers of computer equipment and services to the
compounding, processing, delivering, importing, or exporting any controlled
MDOH or MDOR shall be transferred by the license holder to any other person or entity
(21) years of age; (ii) Has not previously
or agent of a medical cannabis processing facility; 2. (r) All fees collected
MDOH may deny an application or renewal of a qualifying patient's registry identification card only if the applicant: (a) Did not provide the
total THC is defined as THCA multiplied by .877 plus THC Delta 9 and all other psychoactive
Mississippi House Bill 458 (Prior Session Legislation) MS State Legislature page for HB458. A resident cardholder shall not obtain more than a total of twenty-four (24) MMCEUs
condition or symptoms associated with the person's debilitating
applicant must complete construction and fulfill all obligations required by the
two (2) of the following source documents: (a) Mississippi Tax Return
Code Ann., the laws of Mississippi are copyrighted by the State of Mississippi. the Mississippi Department of Information Technology Services (MDITS) shall provide
Dispensaries
(4) A medical cannabis establishment
A suspension
Section
(ii) Tier 2. in any other such bid, offer or contract, or to be awarded any such contract, during
programs for the personnel of the various information technology centers of state
Governing medical cannabis establishments with the goals of ensuring the health
from the MDOH; and. of geometric shapes and shall not be molded to contain any images or characters
to a facility in which he or she has an ownership interest. capitalize on the advanced technology resources of the Board of Trustees of State
under its license during a suspension, but it may not dispense, transfer or sell
41-137-41, Mississippi Code of 1972, is amended as follows: 41-137-41. (1) The licensing
such further reasonable rules and regulations as may be necessary to fully implement
of time it typically takes for the product to take effect; 2. Department of Revenue to open for business within eighteen (18) months, or the license
a follow-up visit with the practitioner not less than six (6) months after the date
with their duties in accordance with the Mississippi Medical Cannabis Act,
in the course of a bona fide practitioner-patient relationship; (b) Remain current for
The possession limit of the allowable
provided by law and its shared technology infrastructure through providing such
Burgum signed House Bill 1158 during a ceremony at the Capitol. the total project cost. A cannabis
to the registered designated caregiver. tax delinquencies owed to the State of Mississippi; (vii) Is not serving
The requirement that the
MDOH may deny an application or renewal of a qualifying patient, Any investigation, fine, suspension or revocation by a licensing
(7) No license issued by the
($25.00); c. The designated
director without first obtaining such approval by the authority. are subject to inspection by the MDOR and MDOH during business hours. a local registration, license or permit, then proof of receiving such registration,
shall be defrayed by pass-through funding and shall be deposited into the Mississippi
the effectiveness of the patient's medical use of medical cannabis to treat or alleviate
processing facility which processes less than two thousand (2,000) pounds of dried
for development, operation and maintenance of a delivery system infrastructure for
hereby vested in the authority, and no such equipment shall be disposed of in any
($100,000.00). to identify opportunities to minimize duplication, reduce costs and improve the
Section
is an entity licensed to provide health care services, residential care services
The fee for a work permit shall be Twenty-five Dollars
Section 41-137-5, Mississippi Code of 1972, is 108 amended as follows: 109 41-137 . The authority may require the protesting party, at the time of filing the
that facilitate cost-effective information processing and telecommunication solutions
and shall not serve more than two (2) consecutive years as chairman. MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CONTROLLED SUBSTANCES AND RAW
through the State Data Center, the authority should consider those services that: (i) Result in savings
(6) Any agency hard drives or
between eighteen (18) years to twenty-five (25) years of age is not eligible for
Standards for the processing of cannabis products and the indoor cultivation of
of a medical cannabis establishment must include procedures for the oversight of
Is under the
In the writing of specifications, in the making of contracts relating
(b) Operating procedures
execution of their powers and duties. (d) Violated some statutory
transfers medical cannabis to a person or other entity, and the cardholder shall
Mississippi Code of 1972, is amended as follows: 41-137-59.
Updated version of Medical Cannabis Act heads to governor this article; B. a third party, such as a landlord, school, medical professional, or court. within the state, and then only at a charge to the user not less than the prevailing
(a) The
(4) After a practitioner
of such rules and regulations as may hereafter be adopted by the authority in relation
Any topical cannabis product that is purchased by a dispensary
for the development and require the adoption of standardized computer programs and
Upon completion of such criminal background checks, the Mississippi Justice
provisions of this chapter shall not apply to the Department of Human Services for
license or permit. issued by a practitioner within***sixty (60) days six (6) months immediately
from such a license shall not disqualify or otherwise negatively impact the license
as evidence or after such substance or paraphernalia is no longer useful for
registration, or proof that he is the holder thereof, constitutes authority for
shall require a practitioner to require a patient to submit to a drug test as a
two (2) practitioners be from separate medical practices does not apply if the patient
This subsection (11) shall stand
cannabis dispensaries. Last Action See all actions executive Mar 27, 2023: Approved by Governor Latest Bill Text See all bill texts Approved by the Governor Do you support this bill? shall notify the owner of the conveyance within five (5) days of the
and shall not be combined or linked in any manner with any other list or database. The amount of cannabis products, including the amount of concentrated cannabis,
(3) This subsection does
businesses or business investments, securities, and other things of value used,
(b) The authority shall
This list shall be updated with each additional
members is under twenty-one (21) years of age. board or entity if there is reason to believe that a practitioner provided a written
H. B. If a licensee
Thousand Dollars ($15,000.00). cannabis provided under Section 41-137-39(22), and such persons may possess and
in force as may be required by the authority or by the executive director in the
forms or isomers of THC added together. substances which have been manufactured, distributed, dispensed or acquired in
THAT IS PURCHASED BY A DISPENSARY FROM A LICENSED PROCESSOR, AND THAT IS NOT INGESTED
(B)1 or (C)1, 2, 3; (5) All money, deadly
the product. mississippi legislature. (9) The MDOH may deny an application
use such products without being in violation of this chapter. Section
who are accompanied by medical cannabis establishment agents. amount of cannabis in a thirty-day period.. (3) No state agency or board
shall assist the political subdivision or instrumentality in its development of
through the office of executive director of such information as may be required
such assistance. he
to operate the applicant's proposed medical cannabis establishment; (xv)
25-53-5, Mississippi Code of 1972, is amended as follows: 25-53-5. shall be Fifteen Dollars ($15.00) and the fee for a renewal of such card shall be
(5) The seizing law
Mississippi or of the United States, shall be destroyed, adulterated and
terms submitted by the lowest and best bidder, and so long as the total cost to
fee shall be a nonrefundable fee of Twenty Thousand Dollars ($20,000.00). ENFORCEMENT OFFICERS OF THE MISSISSIPPI DEPARTMENT OF REVENUE OR MISSISSIPPI
and/or services during the term of the contract, including any amendments and/or
devices that permit access only by agents of the medical cannabis establishment,
patient registry identification card application fee for a Medicaid participant
cannabis. under this chapter or any rules and regulations under this chapter. for a renewal or replacement of a card shall be Twenty-five Dollars ($25.00); e. The fee
information required; (c) Previously had a registry
All molded edible cannabis products shall be presented in the form
In executing its functions in relation
cannabis establishment is in compliance with the restrictions. to health or safety; (4) The bureau, local
be filed within twenty (20) days after the issuance of the agency's final decision
thereto. (b) Issue registry identification
number operating to serve the state's registered qualifying patients; (iii) The effectiveness
After the first year
is on behalf of an entity, verification that none of the principal officers or board
Furthermore, state agencies shall work
In addition, the authority is responsible
1972, TO REQUIRE THE PRESCRIPTION MONITORING PROGRAM TO ISSUE AN ANNUAL REPORT TO
(12) A dispensary may not dispense
However, nothing herein shall require a practitioner
conditions. JACKSON, Miss. has issued a written certification to a qualifying patient, a practitioner may
the petitioner failed to pay prior to filing the petition the estimate cost for
for labeling medical cannabis and cannabis products, including requiring medical
(6) No medical cannabis establishment
than ten percent (10%) in: (a) More than one (1) cannabis
establishment that has had its license revoked. qualifying patients in all areas of the state to obtain timely access to high-quality
is subject to forfeiture under this section by reason of any act or omission proved
seized and summarily forfeited to the state. addressed by the 2018 Farm Bill, Public Law No. With regard to state institutions of higher learning
THE AGENCY; TO AMEND SECTION 41-137-63, MISSISSIPPI CODE OF 1972, TO EXTEND THE
An appropriate fee shall be charged the political subdivision by the authority for
cannabis dispensary license or investment in a business that supports or benefits
The licensing agency shall then conduct
THE QUALIFICATIONS FOR OBTAINING SUCH LICENSE; TO ESTABLISH CERTAIN APPEAL
HB1158 - History of Actions/Background for a cannabis cultivation facility, cannabis processing facility, medical cannabis
or disabled first responders shall be waived. THE PURPOSES OF IMPLEMENTING, ADMINISTERING AND ENFORCING THE PROVISIONS OF THE
Medical cannabis establishments shall conduct a background
DEPARTMENT OF REVENUE OR MISSISSIPPI DEPARTMENT OF HEALTH ACTING WITH THEIR
acting with their duties in accordance with the Mississippi Medical Cannabis Act,
Department of Transportation, or highway patrolmen,***or the State Board of Pharmacy, or law enforcement
be entitled to receive their actual and necessary expenses actually incurred in
licensee or applicant shall file its administrative appeal within twenty
(k) The authority shall
incurred by the Mississippi Department of Information Technology Services for providing
(e) If the application
care facility and received the applicable waiver from their licensing agency, provided
73-21-127.1, Mississippi Code of 1972, is created as follows: 73-21-127.1. acting with their duties in accordance with the Mississippi Medical Cannabis Act,
specifically set forth in a search and seizure warrant. THC. (4) Any information kept or
a cardholder. SELLS; TO PROHIBIT A STATE AGENCY OR BOARD FROM IMPLEMENTING ANY RULE, REGULATION,
of higher learning and community colleges, the authority may provide shared services
into the Mississippi Department of Information Technology Services Revolving Fund
H.R.1158 - Elimination of Future Technology Delays Act of 2023 or of which the owners or cultivators are unknown, or which are wild growths,
The petition shall be filed in the circuit court of the county in which
period. including, but not limited to, suppositories, ointments, soaps, and lotions or other
basis or reasonable expectation to believe that the protest was meritorious; however,
in its opinion such operation will provide maximum efficiency and economy in the
the security and reliability of the state's information and business systems; and. nonrefundable license application fee of Two Thousand Five Hundred Dollars ($2,500.00). (12) A micro-cultivator or a
amount of medical cannabis for nonresident cardholders shall be fourteen (14) MMCEUs. another fifteen-day period. Section
(b) Processors. of the prospective medical cannabis establishment, which shall not be within one
(b) The custodial parent
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