Medical Cannabis Questions and Answers for Businesses

Please contact tech support at nlssupport-ms@egov.com or by phone (601) 351 5023.

• A conviction for a crime of violence as defined by state law in Miss. Code Ann §97-3-2.
• A conviction for a crime that was defined as a violent crime in the law of the jurisdiction in which the offense was committed, and that was classified as a felony in the jurisdiction where the person was convicted; or
• A conviction for a violation of a state or federal controlled substances law that was classified as a felony in the jurisdiction where the person was convicted, including the service of any term of probation, incarceration or supervised release within the previous five (5) years and the offender has not committed another similar offense since the conviction. Under this subparagraph, a disqualifying felony offense shall not include a conviction that consisted of conduct for which this chapter would likely have been prevented the conviction but for the fact that the conduct occurred before the effective date of the MS Medical Cannabis Act.

Please direct all business licensure and work permit questions to mclicensing@msdh.ms.gov. Include as many details as possible so they may best assist you.

Yes, please see the regulations related to cannabis processing. 15 Miss. Admin. Code Pt. 22, Subpt. 6. "Cannabis processing facilities that process edible cannabis products must also comply with any and all Department regulations for Mississippi Food Manufacture and Sale with fees and inspection schedules associated with risk level 4 for the related manufactured food permit." 15 Miss. Admin. Code Pt. 22, R. 6.1.4.

No, the Medical Cannabis Act, specifically excludes CBD.

Cultivators’ growing capacity is divided into tiers with associated fees for each corresponding level.

• Micro-Cultivators
  • Tier 1 (canopy of 1,000 square feet or less) - one-time application fee of $1,500.00. Annual license fee of $2,000.00.
  • Tier II (canopy of more than 1,000 square feet but not more than 2,000 square feet) - one-time application fee of $2,500.00. Annual license fee of $3,500.00.
• Cultivators
  • Tier I (canopy of not less than 2,000 square feet but not more than 5,000 square feet) - one-time application fee of $5,000.00. Annual license fee of $15,000.00.
  • Tier II (canopy of not less than 5,000 square feet but not more than 15,000.00 square feet) – one-time application fee of $10,000.00. Annual license fee of $25,000.00.
  • Tier III (canopy of not less than 15,000 square feet but not more than 30,000 square feet) – one-time application fee of $20,000.00. Annual license fee of $50,000.00.
  • Tier IV (canopy of not less than 30,000 square feet but not more than 60,000 square feet) - one time application fee of $30,000.00. Annual license fee of $75,000.00.
  • Tier V (canopy of not less than 60,000 square feet but not more than 100,000 square feet – one time application fee of $40,000.00. Annual license fee of $100,000.00.
  • Tier VI (canopy of 100,000 square feet or more) – one time application fee $60,000.00. Annual license fee of $150,000.00.

See Miss. Code Ann. § 41-137-35.

• Facilities have to be indoors, enclosed, and secured against unauthorized entry.
• Licensees must have an operational alarm system with continuous 24/7 coverage.
• Licensees must have 24/7 video surveillance systems in place with on- and off-site monitoring capabilities.
• Licensees' premises must be well-lit.
• Licensees must use commercial grade locks on outside doors and restrict access to the facilities to authorized personnel.

See 15 Miss. Admin. Code Pt. 22, Subpts. 5 and 6.

Upon submission of a completed application with all supporting documentation, please allow thirty days for review and determination.

The following packaging requirements apply to all usable medical cannabis (retail-ready) being transferred to or sold to a medical cannabis dispensary for sale to a qualified patient and/or caregiver. Packaging and labelling, meeting the following requirements, must be in place when transferred or sold to a medical cannabis dispensary:

• Labels, packages, and containers shall not be attractive to minors and shall not contain any content that reasonably appears to target children, including toys, cartoon characters, or any color scheme, image, graphic, or feature that might reasonably be expected to make the product label, package, or container appealing to children.
• Packages should be designed to minimize appeal o children and shall not depict images other than the business name and log of the medical cannabis establishment.
• Packaging must contain a label that reads: "Keep out of reach of children."
• All usable medical cannabis and cannabis products must be packaged in child-resistant containers at the point of sale or other transfer o a patient, a patient's parent, or legal guardian if patient is a minor, or a caregiver.
• Packages and labels shall not contain product names related o candy or candies (or any spellings thereof e.g., kandy, kandies, etc.)
• No cannabis and/or cannabis products shall be intentionally or knowingly packaged or labeled o cause a reasonable patient confusion as o whether the medical cannabis or medical cannabis product is a trademarked product or any commercially available candy, snack, baked good or beverage.
• Packages and labels shall not make any claims or statements that the medical cannabis or medical cannabis products provide health or physical benefits o the patient. Must not contain the log of the Department or any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person o believe the product has been endorsed, manufactured, or used by any state, county, or municipality or any agency thereof.
• Cannabis products that have a potency of over thirty percent (30%) total THC must be labeled as "extremely potent."
• Edible cannabis products must be labeled with a clear determination of how much total THC is in a single serving size and how much THC is in the entire package. The single serving size must also be included on the label.
• Usable medical cannabis must include the following on the label:
  • Name of the cannabis and/or cannabis product.
  • Batch number of the cannabis and/or cannabis product.
  • Unique identifier number created by the seed o sale system.
  • Net quantity or weight of contents.
  • The length of time it typically takes for the product o take effect.
  • Disclosure of ingredients and possible allergens.
  • A nutritional fact panel.
  • The total amount of THC and CBD in the product as verified by the cannabis testing facility.
  • Terpenoid profile in the product as verified by the cannabis testing facility.
  • A notice of the potential harm caused by consuming medical cannabis; and,
  • For edible cannabis products, when practicable, a standard symbol indicating the product contains cannabis.

See 15 Miss. Admin Code Subparts 5 and 6.

The application fee for each respective entity is listed below:

• Micro-Cultivator (Tier 1): $1,500.00
• Micro-Cultivator (Tier 2): $2,500.00
• Cultivator (Tier 1): $5,000.00
• Cultivator (Tier 2): $10,000.00
• Cultivator (Tier 3): $20,000.00
• Cultivator (Tier 4): $30,000.00
• Cultivator (Tier 5): $40,000.00
• Cultivator (Tier 6): $60,000.00
• Micro-Processor (Tier 1): $2,000.00
• Micro-Processor (Tier 2): $2,500.00
• Processor: $15,000.00
• Dispensary: $15,000.00
• Transporter: $5,000.00

• As a registered patient, you must keep your registry identification card with you at all times, especially when traveling to or from a licensed dispensary.
• As a licensed transporter, you must maintain the transportation manifest during transport.

See 15 Miss. Admin. Code Pt. 22, R. 7.10.9

Here is a direct link to Metrc: Mississippi - Metrc Metrc Help Line: 1-877-566-6506

• Individuals applying for the required work permit for employment by a licensed medical cannabis establishment. Miss. Code Ann. § 41-137-39.
• Individuals with an economic interest (as defined by the rules and regulations developed by the MS State Department of Health and MS Department of Revenue) in a prospective medical cannabis business entity. Miss. Code Ann. § 41-137-35.
• Individuals intending to serve as a registered caregiver to patient participants of the Mississippi Medical Cannabis Program. Miss. Code Ann. § 41-137-23.
• Individuals working in licensed medical cannabis establishments. Miss. Code Ann. § 41-137-39.

Yes, fingerprints are required. Until further notice, fingerprint cards must be submitted via U.S. mail to: MSDH Fingerprint Unit, 143B Lefleur’s Square Jackson, MS 39211. In addition to the fee associated with the work permit itself, there is an additional $50.00 fee that must be paid to process the fingerprint-based background check. This additional fee must be paid directly to the MSDH Fingerprint Unit, not the Medical Cannabis Program.

• For additional questions, contact the MSDH Fingerprint Unit at 601-364-5062.

Yes

1. You may have your fingerprint card completed by a local law enforcement entity. Please note that some local law enforcement agencies do charge a separate fee for this process. Please contact your local law enforcement agency for additional information.
2. Once the fingerprint card is completed, you must mail it to the MSDH Fingerprint Unit at the address mentioned above. Your fingerprints will be submitted through state and federal databases to determine whether you have been convicted of a disqualifying federal offense as defined by the Medical Cannabis Act. See Miss. Code Ann. §§ 41-137-3(q) and 97-3-2.

Yes, in addition to your fingerprint card, you must complete either the "Affidavit of Applicant for Business Licensure" or the "Affidavit of Applicant for Work Permit", dependent upon the type of application you plan to submit. This affidavit must be signed and notarized by a notary public.

Yes, fingerprints are required. Until further notice, fingerprint cards must be submitted via U.S. mail to: MSDH Fingerprint Unit, 143B Lefleur’s Square Jackson, MS 39211. In addition to the fee associated with the work permit itself, there is an additional $50.00 fee that must be paid to process the fingerprint-based background check. This additional fee must be paid directly to the MSDH Fingerprint Unit, not the Medical Cannabis Program.

• A statement providing the date of submission of the fingerprint card to the MSDH Fingerprint Unit.
• The signed, notarized affidavit referenced in FAQ #3.

Every medical cannabis establishment agent and employee shall be registered and receive a work permit issued by the Department before he/she may work for a licensed medical cannabis entity. This includes any individual with access to the premises of a medical cannabis establishment for purposes of providing labor or services on a regular or ongoing basis such as owners, employees, volunteers, and, in some circumstances, contractors. Contractors providing labor or services on an occasional or emergency basis at a medical cannabis establishment, however, are excepted from the work permit requirement. See 15 Miss. Admin. Code Pt. 22, Subpt. 4.