HB 1152

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Yancey
House Bill 1152
(As Sent to Governor)
AN ACT TO BE KNOWN AS THE RIGHT TO TRY MEDICAL CANNABIS ACT;
TO PROVIDE A PROCEDURE FOR PERSONS WHO DO NOT HAVE A QUALIFYING DEBILITATING
MEDICAL CONDITION UNDER THE MISSISSIPPI MEDICAL CANNABIS ACT BUT HAVE AN
ILLNESS THAT IS CHRONIC, PROGRESSIVE, SEVERELY DISABLING OR TERMINAL IN NATURE,
TO BE CONSIDERED FOR INCLUSION IN THE MISSISSIPPI MEDICAL CANNABIS PROGRAM; TO
PROVIDE THAT THE PATIENT'S TREATING MEDICAL PROVIDER MAY SUBMIT A PETITION TO
THE STATE DEPARTMENT OF HEALTH REQUESTING AUTHORIZATION FOR THE PATIENT TO
ACCESS MEDICAL CANNABIS; TO SPECIFY THE INFORMATION THAT MUST BE INCLUDED IN
THE PETITION; TO PROVIDE THAT THE STATE HEALTH OFFICER IS THE SOLE DECISION
MAKING AUTHORITY ON ALL SUCH PETITIONS SUBMITTED; TO PROVIDE THAT IF THE
PETITION IS APPROVED, THE PATIENT SHALL BECOME ELIGIBLE TO APPLY FOR A REGISTRY
IDENTIFICATION CARD UNDER THE MISSISSIPPI MEDICAL CANNABIS PROGRAM, SUBJECT TO
ALL APPLICABLE RULES, LIMITS AND REGULATIONS; TO PROVIDE THAT THE DECISION OF
THE STATE HEALTH OFFICER ON A PETITION SHALL BE FINAL AND MAY NOT BE APPEALED;
TO PROVIDE THAT THE DEPARTMENT MAY LIMIT THE TYPE, FORM OR VOLUME OF CANNABIS
AUTHORIZED FOR PATIENTS APPROVED UNDER THIS ACT IN ACCORDANCE WITH PUBLIC
HEALTH AND SAFETY STANDARDS; TO PROVIDE THAT PATIENTS APPROVED UNDER THIS ACT
SHALL BE SUBJECT TO PERIODIC REEVALUATION BY THE TREATING PROVIDER NO LESS THAN
ONCE EVERY 12 MONTHS; TO AMEND SECTION 41-137-3, MISSISSIPPI CODE OF 1972, TO
REVISE THE DEFINITION OF "QUALIFYING PATIENT"; TO AMEND SECTION 41-137-5,
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR
RELATED PURPOSES.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
���� SECTION 1.� Short
title.� This act shall be known and may be cited as the "Right to Try Medical Cannabis Act."
���� SECTION 2.� Definitions.�
For the purposes of this act, the following terms shall be defined as provided
in this section:
��������� (a)� "Medical
Cannabis Act" means the Mississippi Medical Cannabis Act, Section 41-137-1
et seq.
��������� (b)� "Treating
medical provider" means a physician, nurse practitioner or physician
assistant licensed to practice in Mississippi who:
������������� (i)� Maintains a
bona fide provider�patient relationship with the individual, defined as an
ongoing, documented clinical relationship involving diagnosis, treatment or
management of the patient's condition for at least thirty (30) days; and
������������� (ii)� Has primary
responsibility for managing the patient's debilitating or terminal illness.
��������� (c)�
"Nonqualifying debilitating or terminal illness" means any illness
that:
������������� (i)� Is chronic, progressive, severely disabling or terminal in
nature; and
������������� (ii)� Is not
specifically listed among the qualifying debilitating medical conditions under
Section 41-137-3(r).
��������� (d)�
"Department" means the State Department of Health.
��������� (e)� "State Health
Officer" means the State Health Officer of the State Department of Health.
���� SECTION 3.� Eligibility
and petition process.� (1)� A patient with a nonqualifying debilitating or
terminal illness may be considered for inclusion in the Mississippi Medical
Cannabis Program pursuant to this section.
���� (2) �The
patient's treating medical provider may submit a petition to the department
requesting authorization for the patient to access medical cannabis.
���� (3)� The petition shall include:
������������� (a)� A statement of
the patient's diagnosis, prognosis, and medical history;
������������� (b)� A narrative
explanation of how medical cannabis may benefit the patient, including past
treatment outcomes and contraindications;
������������� (c)� An attestation
that conventional therapies have been attempted, are unavailable, or are
contraindicated;
������������� (d)� A
recommendation that the patient be permitted to access medical cannabis;
������������� (e)� An outline of
the proposed cannabis use regimen, if known, including route of administration
and expected duration; and
������������� (f) Consent by the
patient or legal guardian authorizing the department to review medical records
relevant to the petition.
���� SECTION 4.� Review
and determination.� (1)� The State Health Officer
shall serve as the sole decision-making authority on all petitions submitted
under this act.
���� (2)� The State Health
Officer shall issue a written determination approving or denying the petition
within forty-five (45) calendar days of receipt.
���� (3)� If the petition is
denied, the decision shall include written findings explaining the basis for
denial, which shall be limited to:
��������� (a)� Insufficient
medical justification or documentation;
��������� (b)� Risks to public
health or patient safety; or
��������� (c)� Lack of provider
qualification or incomplete submission.
���� (4)� If
the petition is approved, the patient shall become eligible to apply for a
registry identification card under the Mississippi Medical Cannabis Program,
subject to all applicable rules, limits and regulations.
���� (5)� The
decision of the State Health Officer on a petition filed under this act shall
be final and may not be appealed to any court.
���� SECTION 5.� Provider
standards and liability.� (1)� Treating medical providers submitting
petitions under this act:
��������� (a)� Must be in good
standing with their licensing board; and
��������� (b)� Must certify that
the petition is submitted in good faith and consistent with generally accepted
medical standards.
���� (2)� A provider acting in
good faith and in accordance with this act shall not be subject to civil,
criminal or administrative liability solely for recommending medical cannabis.
���� (3)� This act does not
authorize providers to engage in dispensing, selling or possessing cannabis
except as permitted under Mississippi law.
���� SECTION 6.� Patient
use conditions and monitoring.� (1)� The department
may limit the type, form or volume of cannabis authorized for patients approved
under this act in accordance with public health and safety standards.
���� (2)� Patients
approved under this act shall be subject to:
��������� (a)� Periodic
reevaluation by the treating provider no less than once every twelve (12)
months;
��������� (b)� Revocation of
eligibility upon loss of bona fide provider�patient relationship or upon
clinical deterioration inconsistent with safe cannabis use.
���� SECTION 7.� Oversight
and reporting.� (1)� The department shall submit an annual report to the
Chair of the Senate Public Health and Welfare Committee and the Chair of the
House Drug Policy Committee, which shall include:
��������� (a)� The number of
petitions received, granted and denied;
��������� (b)� General categories
of illnesses approved;
��������� (c)� Trends or safety
concerns identified;
��������� (d)� Recommendations
for legislative or regulatory updates.
���� (2)� All data reported under
this section shall be de-identified and comply with the Health Insurance
Portability and Accountability Act (HIPAA) and other applicable privacy laws.
���� SECTION 8.� Federal
law disclaimer.� Nothing in this act shall be construed to:
��������� (a)� Require the
violation of federal law;
��������� (b)� Authorize interstate
transport or distribution of cannabis; or
��������� (c)� Interfere with
employment drug policies or school regulations.
���� SECTION 9.� Rulemaking
authority.� The department may promulgate rules and adopt procedures as
necessary to implement the provisions of this act, including forms, standards
and renewal procedures.
���� SECTION 10.�
Section 41-137-3, Mississippi Code of 1972, is amended as follows:
���� 41-137-3.� For purposes of
this chapter, unless the context requires otherwise, the following terms shall
have the meanings ascribed herein:
��������� (a)� "Artificially
derived cannabinoid" means a chemical substance that is created by a
chemical reaction that changes the molecular structure of any chemical
substance derived from the plant Cannabis family Cannabaceae.� Such term shall
not include:
������������� (i)� A naturally
occurring chemical substance that is separated from the plant Cannabis family
Cannabaceae by a chemical or mechanical extraction process;
������������� (ii)� Cannabinoids
that are produced by decarboxylation from a naturally occurring cannabinoid
acid without the use of a chemical catalyst; or
������������� (iii)� Any other
chemical substance identified by MDOH.
��������� (b)� "Allowable
amount of medical cannabis" means an amount not to exceed the maximum
amount of Mississippi Medical Cannabis Equivalency Units ("MMCEU").
��������� (c)� "Bona fide
practitioner-patient relationship" means:
������������� (i)� A practitioner
and patient have a treatment or consulting relationship, during the course of
which the practitioner, within his or her scope of practice, has completed an
in-person assessment of the patient's medical history and current mental health
and medical condition and has documented their certification in the patient's
medical file;
������������� (ii)� The
practitioner has consulted in person with the patient with respect to the
patient's debilitating medical condition; and
������������� (iii)� The
practitioner is available to or offers to provide follow-up care and treatment
to the patient.
��������� (d)� "Cannabis" means all parts of the plant of the genus
cannabis, the flower, the seeds thereof, the resin extracted from any part of
the plant and every compound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or its resin, including whole plant
extracts.� Such term shall not mean cannabis-derived drug products approved by
the federal Food and Drug Administration under Section 505 of the Federal Food,
Drug, and Cosmetic Act.
��������� (e)� "Cannabis
cultivation facility" means a business entity licensed and registered by
the Mississippi Department of Health that acquires, grows, cultivates and
harvests medical cannabis in an indoor, enclosed, locked and secure area.
��������� (f)� "Cannabis
disposal entity" means a business licensed and registered by the
Mississippi Department of Health that is involved in the commercial disposal or
destruction of medical cannabis.
��������� (g)� "Cannabis
processing facility" means a business entity that is licensed and
registered by the Mississippi Department of Health that:
������������� (i)� Acquires or
intends to acquire cannabis from a cannabis cultivation facility;
������������� (ii)� Possesses
cannabis with the intent to manufacture a cannabis product;
������������� (iii)� Manufactures
or intends to manufacture a cannabis product from unprocessed cannabis or a
cannabis extract; and
������������� (iv)� Sells or
intends to sell a cannabis product to a medical cannabis dispensary, cannabis
testing facility or cannabis research facility.
��������� (h)� "Cannabis
products" means cannabis flower, concentrated cannabis, cannabis extracts
and products that are infused with cannabis or an extract thereof and are
intended for use or consumption by humans.� The term includes, without
limitation, edible cannabis products, beverages, topical products, ointments,
oils, tinctures and suppositories that contain tetrahydrocannabinol (THC)
and/or cannabidiol (CBD) except those products excluded from control under
Sections 41-29-113 and 41-29-136.
��������� (i)� "Cannabis
research facility" or "research facility"
means a research facility at any university or college in this state or an
independent entity licensed and registered by the Mississippi Department of
Health pursuant to this chapter that acquires cannabis from cannabis
cultivation facilities and cannabis processing facilities in order to research
cannabis, develop best practices for specific medical conditions, develop
medicines and provide commercial access for medical use.
��������� (j)� "Cannabis
testing facility" or "testing facility" means an independent
entity licensed and registered by the Mississippi Department of Health that
analyzes the safety and potency of cannabis.
��������� (k)� "Cannabis
transportation entity" means an independent entity licensed and registered
by the Mississippi Department of Health that is involved in the commercial
transportation of medical cannabis.
��������� (l)� "Cannabis
waste" means plant debris of the plant of the genus cannabis, including
dead plants and all unused plant parts.� This term shall not include seeds,
roots, stems and stalks.
��������� (m)�
"Cannabinoid" means any of the chemical compounds that are the active
constituents derived from THC.
��������� (n)� "Canopy"
means the total surface area within a cultivation area that is dedicated to the
cultivation of flowering cannabis plants.� The surface area of the plant canopy
must be calculated in square feet and measured and must include all of the area
within the boundaries where the cultivation of the flowering cannabis plants
occurs.� If the surface area of the plant canopy consists of noncontiguous
areas, each component area must be separated by identifiable boundaries.� If a
tiered or shelving system is used in the cultivation area the surface area of
each tier or shelf must be included in calculating the area of the plant
canopy.� Calculation of the area of the plant canopy may not include the areas
within the cultivation area that are used to cultivate immature cannabis plants
and seedlings, prior to flowering, and that are not used at any time to
cultivate mature cannabis plants.
��������� (o)�
"Cardholder" means a registered qualifying patient or a registered
designated caregiver who has been issued and possesses a valid registry
identification card.
��������� (p)� "Chronic
pain" means a pain state in which the cause of the pain cannot be removed
or otherwise treated, and which in the generally accepted course of medical
practice, no relief or cure of the cause of the pain is possible, or none has
been found after reasonable efforts by a practitioner.
��������� (q)�
"Concentrate" means a substance obtained by separating cannabinoids
from cannabis by:
������������� (i)� A mechanical
extraction process;
������������� (ii)� A chemical
extraction process using a nonhydrocarbon-based or other solvent, such as
water, vegetable glycerin, vegetable oils, animal fats, food-grade ethanol or
steam distillation; or
������������� (iii)� A chemical
extraction process using the hydrocarbon-based solvent carbon dioxide, provided
that the process does not involve the use of high heat or pressure.
��������� (r)� "Debilitating
medical condition" means:
������������� (i)� Cancer, Parkinson's disease, Huntington's disease, muscular dystrophy,
glaucoma, spastic quadriplegia, positive status for human
immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS),
hepatitis, amyotrophic lateral sclerosis (ALS), Crohn's disease, ulcerative colitis, sickle-cell anemia, Alzheimer's
disease, agitation of dementia, post-traumatic stress disorder (PTSD), autism,
pain refractory to appropriate opioid management, diabetic/peripheral
neuropathy, spinal cord disease or severe injury, or the treatment of these
conditions;
������������� (ii)� A chronic,
terminal or debilitating disease or medical condition, or its treatment, that
produces one or more of the following:� cachexia or wasting syndrome, chronic
pain, severe or intractable nausea, seizures, or severe and persistent muscle
spasms, including, but not limited to, those characteristic of multiple
sclerosis; or
������������� (iii)� Any other
serious medical condition or its treatment added by the Mississippi Department
of Health, as provided for in Section 41-137-17.
��������� (s)� "Designated
caregiver" means a person who:
������������� (i)� Has agreed to
assist with a registered qualifying patient's medical use of medical cannabis;
������������� (ii)� Assists no
more than five (5) registered qualifying patients with their medical use of
medical cannabis, unless the designated caregiver's
registered qualifying patients each reside in or are admitted to a health care
facility or facility providing residential care services or day care services
where the designated caregiver is employed;
������������� (iii)� Is at least
twenty-one (21) years of age unless the person is the parent or legal guardian
of each qualifying patient the person assists; and
������������� (iv)� Has not been
convicted of a disqualifying felony offense.
��������� (t)� "Disqualifying
felony offense" means:
������������� (i)� A conviction
for a crime of violence, as defined in Section 97-3-2;
������������� (ii)� 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
������������� (iii)� 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 (iii), a
disqualifying felony offense shall not include a conviction that consisted of
conduct for which this chapter would likely have prevented the conviction but
for the fact that the conduct occurred before February 2, 2022.
��������� (u)� "Edible
cannabis products" means products that:
������������� (i)� Contain or are
infused with cannabis or an extract thereof;
������������� (ii)� Are intended
for human consumption by oral ingestion; and
������������� (iii)� Are
presented in the form of foodstuffs, beverages, extracts, oils, tinctures,
lozenges and other similar products.
��������� (v)� "Entity"
means a corporation, general partnership, limited partnership or limited
liability company that has been registered with the Secretary of State as
applicable.
��������� (w)� "MMCEU"
means Mississippi Medical Cannabis Equivalency Unit.� One unit of MMCEU shall
be considered equal to:
������������� (i)� Three and one-half
(3.5) grams of medical cannabis flower;
������������� (ii)� One (1) gram
of total THC in a medical cannabis concentrate; or
������������� (iii)� One (1) gram
of total THC in an infused product.
��������� (x)� "MDOH"
means the Mississippi Department of Health.
��������� (y)� "MDOR"
means the Mississippi Department of Revenue.
��������� (z)� "Medical
cannabis" means cannabis, cannabis products and edible cannabis that are
intended to be used by registered qualifying patients as provided in this
chapter.
��������� (aa)� "Medical cannabis dispensary" or "dispensary" means an entity licensed and registered with
the MDOR that acquires, possesses, stores, transfers,
sells, supplies or dispenses medical cannabis, equipment used for medical
cannabis, or related supplies and educational materials to cardholders.
��������� (bb)� "Medical
cannabis establishment" means a cannabis cultivation facility, cannabis
processing facility, cannabis testing facility, cannabis dispensary, cannabis
transportation entity, cannabis disposal entity or cannabis research facility
licensed and registered by the appropriate agency.
��������� (cc) �"Medical
cannabis establishment agent" means an owner, officer, board member,
employee, volunteer or agent of a medical cannabis establishment.
��������� (dd)� "Medical
use" includes the acquisition, administration, cultivation, processing,
delivery, harvest, possession, preparation, transfer, transportation, or use of
medical cannabis or equipment relating to the administration of medical
cannabis to treat or alleviate a registered qualifying patient's debilitating
medical condition or symptoms associated with the patient's debilitating
medical condition.� The term "medical use" does not include:
������������� (i)� The
cultivation of cannabis unless the cultivation is done by a cannabis
cultivation facility; or
������������� (ii)� The
extraction of resin from cannabis by mechanical or chemical extraction unless
the extraction is done by a cannabis processing facility.
��������� (ee)� "Nonresident
cardholder" means a person who:
������������� (i)� Has been
diagnosed with a debilitating medical condition by a practitioner in his or her
respective state or territory, or is the parent, guardian, conservator or other
person with authority to consent to the medical use of medical cannabis by a
person who has been diagnosed with a debilitating medical condition;
������������� (ii)� Is not a
resident of Mississippi or who has been a resident of Mississippi for less than
forty-five (45) days; and
������������� (iii)� Has
submitted any documentation required by MDOH rules and regulations and has
received confirmation of registration.
��������� (ff)�
"Practitioner" means a physician, certified nurse practitioner,
physician assistant or optometrist who is licensed to prescribe medicine under
the licensing requirements of their respective occupational boards and the laws
of this state.� In relation to a nonresident cardholder, the term means a
physician, certified nurse practitioner, physician assistant or optometrist who
is licensed to prescribe medicine under the licensing requirements of their
respective occupational boards and under the laws of the state or territory in
which the nonresident patient resides.� For registered qualifying patients who
are minors, "practitioner" shall mean a physician or doctor of
osteopathic medicine who is licensed to prescribe medicine under the licensing
requirements of their respective occupational boards and the laws of this
state.
��������� (gg)� "Public place"
means a church or any area to which the general public is invited or in which
the general public is permitted, regardless of the ownership of the area, and
any area owned or controlled by a municipality, county, state or federal
government, including, but not limited to, streets, sidewalks or other forms of
public transportation.� Such term shall not mean a private residential
dwelling.
��������� (hh)� "Qualifying
patient" means a person who (i) has been diagnosed by a
practitioner as having a debilitating medical condition and has been issued a
written certification; or (ii) is not a resident of Mississippi or who has
been a resident of Mississippi for less than forty-five (45) days and has been
diagnosed by a practitioner as having a debilitating medical condition and has
been issued a written certification.� This term includes a person with a
nonqualifying debilitating or terminal illness who is authorized under Section
4 of this act to receive a registry identification card under this chapter.
��������� (ii)� "Registry
identification card" means a document issued by the MDOH that identifies a
person as a registered qualifying patient, nonresident registered qualifying
patient or registered designated caregiver.
��������� (jj)�
"School" means an institution for the teaching of children,
consisting of a physical location, whether owned or leased, including
instructional staff members and students, and which is in session each school
year.� This definition shall include, but not be limited to, public, private,
church and parochial programs for kindergarten, elementary, junior high and
high schools.� Such term shall not mean a home instruction program.
��������� (kk)� "Scope of
practice" means the defined parameters of various duties, services or
activities that may be provided or performed by a certified nurse practitioner
as authorized under Sections 73-15-5 and 73-15-20, by an optometrist as
authorized under Section 73-19-1, by a physician as authorized under Section 73-25-33,
or by a physician assistant under Section 73-26-5, and rules and regulations
adopted by the respective licensing boards for those practitioners.
��������� (ll)� "THC"
or "Tetrahydrocannabinol" means any and all forms of
tetrahydrocannabinol that are contained naturally in the cannabis plant, as
well as synthesized forms of THC and derived variations, derivatives, isomers
and allotropes that have similar molecular and physiological characteristics of
tetrahydrocannabinol, including, but not limited to, THCA, THC Delta 9, THC
Delta 8, THC Delta 10 and THC Delta 6.
��������� (mm)� "Written
certification" means a form approved by the MDOH, signed and dated by a
practitioner, certifying that a person has a debilitating medical condition.� A
written certification shall include the following:
������������������ (i)� The date
of issue and the effective date of the recommendation;
������������������ (ii)� The
patient's name, date of birth and address;
������������������ (iii)� The
practitioner's name, address, and federal Drug Enforcement Agency number; and
������������������ (iv)� The
practitioner's signature.
��������� (nn)�
"Nonqualifying debilitating or terminal illness" has the meaning as
defined in Section 2 of this act.
���� SECTION 11.�
Section 41-137-5, Mississippi Code of 1972, is amended as follows:
���� 41-137-5.� (1)� Except as
otherwise provided in Sections 1 through 10 of this act, no person shall be
authorized to use medical cannabis in this state unless the person (a) has been
diagnosed by a practitioner, with whom the person has a bona fide practitioner-patient
relationship within his or her scope of practice, as having a debilitating
medical condition for which the practitioner believes, in his or her
professional opinion, that the person would likely receive medical or
palliative benefit from the medical use of medical cannabis to treat or
alleviate the person's debilitating medical condition or symptoms associated
with the person's debilitating medical condition, (b) has
received a written certification of that diagnosis from the practitioner, and
(c) has been issued a registry identification card from the MDOH under Section
41-137-23.� A person who has been diagnosed by a practitioner as specified in
paragraph (a) of this subsection shall be a qualifying patient, and the
practitioner who has diagnosed the patient shall document that diagnosis with a
written certification.� However, nothing herein shall require a practitioner to
issue a written certification.
���� (2)� A written certification
shall:
��������� (a)� Affirm that it is
made in the course of a bona fide practitioner-patient relationship;�
��������� (b)� Remain current for
twelve (12) months, unless the practitioner specifies a shorter period of time;
��������� (c)� Be issued after an
in-person assessment of the patient by a practitioner, or after a telemedicine
evaluation for patients who are homebound or bedbound as certified by a
practitioner with whom the patient has a bona fide practitioner-patient
relationship within his or her scope of practice other than the practitioner
making the written certification.� For purposes of this paragraph (c), an
individual is homebound or bedbound if such individual is physically unable to
leave his or her residence without another person's aid because the individual
has lost the capacity of independent transportation due to a medical, physical,
or mental health condition or infirmity as documented in writing by a
practitioner who has a bona fide practitioner-patient relationship with the
patient;
��������� (d)� Only be issued on
behalf of a minor when the minor's parent or guardian is present and provides
signed consent; and
��������� (e)� Be limited to the
allowable amount of cannabis in a thirty-day period..
���� (3)� No state agency,
department, political subdivision or board shall require a practitioner to
require a patient to submit to a drug test as a condition to receiving a
certification for a registry identification card.� However, a practitioner may
require a drug test from a patient that is within his or her scope of practice.
���� (4)� After a practitioner
has issued a written certification to a qualifying patient, a practitioner may
assist the patient in registering for a registry identification card with the
Department of Health, in a manner provided by regulations of the Department of
Health.
���� (5)� After a qualifying
patient receives a written certification from a practitioner, the patient shall
be required to make a follow-up visit with the practitioner not less than six
(6) months after the date of issuance of the certification for the practitioner
to evaluate and determine the effectiveness of the patient's medical use of
medical cannabis to treat or alleviate the patient's debilitating medical
condition or symptoms associated with the patient's debilitating medical condition.�
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 this chapter.
���� (6)� Before dispensing
medical cannabis to a cardholder, the dispensary from which the cardholder is
obtaining medical cannabis shall verify the identity of the cardholder and the
authority of the cardholder to use medical cannabis as provided in Section 41-137-39
and shall determine the maximum amount of medical cannabis that a cardholder is
eligible to receive and the amount of medical cannabis that the cardholder has
received from all dispensaries during a specified period of time using the
statewide seed-to-sale tracking system under Section 41-137-11.
���� (7)� (a)� A practitioner
shall be registered to issue written certifications to qualifying patients by
completing the required application process as set forth by the MDOH.� The MDOH
shall require a practitioner to complete a minimum of eight (8) hours of
continuing education in medical cannabis in order to issue written
certifications.� After the first year of registration, these practitioners
shall complete five (5) hours of continuing education in medical cannabis
annually to maintain this registration.
��������� (b)� A practitioner
shall not be required to have any additional qualifications to be authorized to
certify a qualifying patient for a registry identification card, other than
such requirements for practitioners as provided under the Mississippi Medical
Cannabis Act.
���� ���� (c)� A practitioner
shall not be required to be registered to certify patients with any state
agency or board other than the MDOH.
���� (8)� Only physicians and
doctors of osteopathic medicine may issue written certifications to registered
qualifying patients who are minors.
���� (9)� The requirements of
this section shall not apply to a person who is authorized to purchase topical
cannabis provided under Section 41-137-39( * * *2221), and such persons may possess and
use such products without being in violation of this chapter.
���� (10)� The provisions of
this chapter shall apply to persons with a nonqualifying debilitating or
terminal illness who is authorized under Section 4 of this act to receive a
registry identification card under this chapter; however, for such persons, the
provisions of Sections 1 through 10 of this act shall control over any
provision of this chapter that conflicts with any provision of Sections 1
through 10 of this act.
���� SECTION 12.�
This act shall take effect and be in force from and after July 1, 2026.