These changes include minor language tweaks and new provisions regarding background checks.
By Sara DiNatale, Mississippi Today
The Legislature approved modifications to Mississippi’s marijuana law. These changes will limit information that the public can access about businesses’ citation records. They will also attempt to reduce inconsistencies among the agencies charged with administering the new medical cannabis program.
After being first introduced in the House, the bill was amended by a Senate panel and then the whole Senate before it was passed by the House last week. Gov. Before the new regulations can be added to the law, Tate Reeves must sign it. These changes include minor language modifications to new provisions regarding background checks and public records.
The medical cannabis program has been operational with dispensaries selling Mississippi-grown marijuana for just three months.
There have been some hiccups in the rollout. Mississippi Today investigated the Department of Health and found it inconsistent in its approval of cultivation plans. It also had to deal with a backlog of applicants.
During hearings on the bill, legislators echoed concerns of businesses.
“Unfortunately, the Department of Health in its rules and regs probably accepted certain things (sic), by the bill,” stated Sen. Kevin Blackwell from Southaven, who was one of the bill’s main authors. “So, we are trying to rectify those…and so we do so in this bill.”
Legislators approved an addition which states: “No state agency or political subdivision shall implement any rule or regulation, policy or requirement that is contrary the provisions of Mississippi Medical Cannabis Act.”
A mistake made by the Health Department is also included in the bill. Blackwell explained to the Senate that the department had approved the second location of a large operator under one license when it submitted its applications. This adjustment allows the largest state cannabis growers to have two locations, provided that the total canopy area doesn’t exceed 150,000 feet.
Mockingbird Cannabis, one the state’s most prominent cultivators, has a secondary greenhouse-style location 12 mi from their main site. This license allows them to set up a second location.
Although growers debate whether adapted greenhouses should still be allowed, the amendments to the bill do not directly address their use.
Mississippi Today was able, through a request for public records from the Department of Health’s investigation files, to obtain details about Mockingbird and the construction of its greenhouse.
The law’s modifications make investigation records, including citations given by Health Department agents exempted from the public record laws until an investigation is completed and all appeals are closed.
In an early draft, the bill required such records to be exempted from public records indefinitely. However, some senators found it unacceptable that the records should be exempted from public records for any length.
“I believe if it were put out in transparency it would dispel any back and forth on social networking,” stated Sen. Angela Burks Hill (R), who was one of five senators to vote against the changes. “I believe hiding it is only going to fuel speculation.”
Critics pointed out that an appeal process can take a while, which could keep citation records secret from legislators and the public. Blackwell stated that the changes were made due to “falsehoods”, which were spread via social media by competitors who became aware of other growers’ infractions.
All addresses of cannabis-related businesses will be removed from the public record. Rep. Lee Yancey (R), stated during hearings that this was done to protect businesses not easily accessible to the public. This could expose them to criminal activity due to their large amounts of cash and cannabis products.
Many other changes to the bill affect patients and businesses.
- The Department of Health now has a 10-day deadline (down from 30) for approving a patient’s application for a medical cannabis card. After experiencing major delays in processing applications, this change is being made.
- Patients are now able to have a follow-up with another doctor than the one who approved their medical marijuana card. This will not affect their access or care.
- Now, patients can be assisted by their doctors and nurses to fill out an online application for a medical marijuana card. Yancey stated that this was done to assist elderly patients.
- Now, the law specifies that the Mississippi Justice Information Center of Department of Public Safety will conduct background checks on caregivers and workers.
- You can test facilities to become licensed transporters, or contract with transporters.
- Companies can use marijuana imagery to promote their business logos and other branding. You can also upload pictures to show what you sell from dispensaries online.
- The cannabis act does not affect hemp products.
- The federal laws allow dispensaries to sell legal hemp products, including low-THC products called “CBD”. Patrons over 21 can also purchase topical products that do not contain marijuana. These products must be kept in a different area than those for card holders.
- Now, dispensary licensees have an additional 18-month period to finish construction and maintain their accreditation.
- Private laboratories can be contracted by the Health Department for compliance testing. However, they cannot perform commercial testing for cannabis businesses.
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The post Mississippi Lawmakers Sent Bill Revising State’s Marijuana Law to Governor’s Desk originally appeared on Marijuana Moment.
