Mississippi Medical Marijuana Business Licensing
Medical Marijuana
In Mississippi, medical marijuana was legalized through Senate Bill 2095, known as the Mississippi Medical Cannabis Act, which Governor Tate Reeves signed on February 2, 2022. This legislation permits the operation of medical cannabis facilities under the oversight of the Mississippi Department of Health, with the Mississippi Department of Revenue managing the licensing of dispensaries.
License Types and Costs
- Medical Cannabis Dispensary License:
- Application Fee: $15,000
- Annual License Fee: $25,000
- Cannabis Cultivation Facility – Tiers based on canopy size with varying fees:
- Tier 1 (up to 1,000 sq ft): Application Fee $1,500; Annual License $2,000
- Tier 2 (1,001 to 2,000 sq ft): Application Fee $2,500; Annual License $3,500
- Further tiers increase in size and fee accordingly, up to Tier 6 for 100,000 sq ft or more.
- Cannabis Processing Facility – Tiered system for micro-processors to large processors:
- Micro-Processor Tier 1: Processes under 2,000 lbs of dried biomass annually; Fees are lower compared to larger processors.
- Processor: Processes over 3,000 lbs annually; Application Fee $15,000; Annual License $20,000
- Application Process: The application process involves multiple steps including securing a Host Community Agreement from the local municipality, which confirms local support and compliance with zoning requirements. Applications must include detailed operational plans, security measures, and proof of financial stability. All applications are reviewed by the Mississippi Medical Cannabis Program, which ensures compliance with state health and safety standards.
- Restrictions: Facilities must not be located within 1,000 feet of a school, church, or child-care facility, unless specific approval is granted by these entities. This is a common restriction designed to minimize the impact of cannabis facilities on sensitive areas. Additionally, a business entity may hold only one cultivation license and one processing license, but up to three dispensary licenses, preventing excessive market concentration and promoting fair competition.
Â
Hemp
Mississippi legalized hemp cultivation with the signing of the Mississippi Hemp Cultivation Act (Senate Bill 2725) on June 29, 2020. This law permits the cultivation of hemp under a state plan to be created and administered by the Commissioner of Agriculture and Commerce. However, the state did not receive the necessary funding to implement this program, so currently, the only legal way for producers to cultivate hemp in Mississippi is to obtain a license from the U.S. Department of Agriculture (USDA) under the USDA Domestic Hemp Production Program​​.
Types of Licenses and Application Process: Mississippi does not issue state hemp licenses due to the lack of funding to implement a state program. Instead, individuals interested in cultivating hemp must apply for a federal license through the USDA. The process involves registering on the Hemp eManagement Platform (HeMP), submitting a USDA Hemp Application, and providing an FBI criminal history report. An applicant will not be granted a USDA hemp production license if they have a felony conviction related to a controlled substance within the last ten years. These federal licenses are valid for three years, subject to renewal​.
Restrictions: Those applying for a hemp cultivation license must ensure that they meet all federal guidelines, which include restrictions on the THC levels in hemp crops, which must not exceed 0.3% THC on a dry weight basis. The USDA oversees compliance with these regulations through regular inspections and mandatory testing​.
Psychedelics
In Mississippi, psychedelics such as LSD, psilocybin, and others remain classified as Schedule I controlled substances under federal and state law. This classification is due to their deemed potential for abuse and the belief that they have no accepted medical use in treatment in the United States.
- Ketamine Laws and Telehealth: Ketamine, a substance used both as an anesthetic and for its off-label use in treating depression, is classified as a Schedule III controlled substance in Mississippi. During the COVID-19 pandemic, restrictions were relaxed to allow for telehealth prescriptions of ketamine for patients suffering from depression and anxiety. This practice continues to evolve with the telehealth laws that permit remote consultations and prescriptions under certain conditions​.
- State Right to Try: Mississippi has a “Right to Try” law that allows terminally ill patients to try experimental therapies that have completed Phase 1 of a clinical trial but are not yet approved by the FDA. However, this law does not specifically mention psychedelics, which are generally not included due to their federal classification as Schedule I drugs.
- State Religious Exemptions: There are no specific state religious exemptions in Mississippi that allow the use of psychedelics. Federal rulings provide some religious protections under the Religious Freedom Restoration Act (RFRA), but these are quite limited and typically pertain to very specific use cases, such as the use of ayahuasca by the União do Vegetal church.
Check Other States Licensing Guide
- Adult Use
- Medical
- Limited Medical
- Illegal
Where to Find Us
Address
Contact INFO
PHONE:Â 786-526-1155
EMAIL:Â info@mrcannabislaw.com
