SB2095: Mississippi Medical Cannabis Act; create.

Legislative Summary

An Act To Enact The Mississippi Medical Cannabis Act; To Authorize Medical Cannabis Use By Certain Patients Who Have Debilitating Medical Conditions; To Require A Patient To Receive A Written Certification From A Qualified Practitioner To Qualify For A Registry Identification Card For The Use Of Medical Cannabis; To Provide For The Process By Which A Patient May Register As A Cardholder For The Use Of Medical Cannabis; To Provide Certain Protections To Patients, Caregivers, Medical Providers And Medical Cannabis Establishments For The Medical Use Of Cannabis; To Provide For The Allowable Amount Of Medical Cannabis By A Qualified Patient; To Provide That The State Department Of Health Will Issue Registry Identification Cards To Qualifying Patients And Registrations To Qualifying Facilities; To Allow For A Deduction From Income Taxes For All Of The Ordinary And Necessary Expenses Paid Or Incurred During The Taxable Year In Carrying On A Business As A Medical Cannabis Establishment; To Provide That The Mississippi Department Of Health Shall Have The Ultimate Authority For Oversight Of The Administration Of The Medical Cannabis Program; To Require The Department Of Health To License Cannabis Cultivation Facilities, Cannabis Processing Facilities, Cannabis Transportation Entities, Cannabis Disposal Entities, Cannabis Testing Facilities And Cannabis Research Facilities; To Require The Department Of Revenue To License Medical Cannabis Dispensaries; To Require The Department Of Health To Register Qualified Practitioners And Grant Registry Identification Cards To Qualified Patients And Designated Caregivers; To Provide For A Statewide Seed-to-sale Tracking System; To Provide For Deadlines For The Implementation Of The Program; To Provide For Certain Limitations Of The Application Of The Act; To Provide That The Act Does Not Authorize Any Individual To Engage In Nor Prevent The Imposition Of Any Civil, Criminal Or Other Penalties For Certain Acts Related To The Use Of Medical Cannabis; To Provide That Certain Discriminatory Acts Against Medical Cannabis Cardholders Are Prohibited; To Provide For Process Of The Addition Of Debilitating Medical Conditions By The Department Of Health; To Provide That Nothing In The Act Prohibits An Employer From Disciplining An Employee For Ingesting Medical Cannabis In The Workplace Or For Working While Under The Influence Of Medical Cannabis; To Provide That Nothing In The Act Requires A Government Medical Assistance Program Or Private Insurer To Reimburse A Person For Costs Associated With The Medical Use Of Medical Cannabis; To Require The Department Of Health And The Department Of Revenue To Provide Annual Reports To The Governor And Certain Members Of The Legislature; To Require The Department Of Health To Maintain A Confidential List Of Registry Identification Cards; To Require Certain Notifications From Qualifying Patients; To Provide For The Fees For Licenses Of Medical Cannabis Establishments; To Allow Municipalities And Counties To Enact Ordinances Or Regulations Not In Conflict With The Act; To Prohibit Medical Cannabis Establishments From Being Located Within 1,000 Feet Of The Nearest Boundary Line Of Any School, Church Or Child Care Facility Unless It Has Received A Waiver; To Provide Certain Requirements, Prohibitions And Penalties For Medical Cannabis Establishments; To Provide That No Medical Cannabis Establishment Shall Sell Cannabis Flower Or Trim That Has A Potency Of Greater Than 30% Total Thc; To Require All Medical Cannabis Products To Contain A Notice Of Harm Regarding The Use Of Medical Cannabis; To Provide For The Weekly And Monthly Allowable Amount Of Medical Cannabis; To Provide The Possession Limit Of Medical Cannabis For Resident And Nonresident Cardholders; To Require The Department Of Health And The Department Of Revenue To Establish And Promulgate Rules And Regulations Relating To The Program; To Establish Violations Related To The Use Of Medical Cannabis And The Program; To Provide For Fines, Suspensions And Revocations For Violations Of The Act; To Provide That Banks Shall Not Be Held Liable For Providing Financial Services To A Medical Cannabis Establishment; To Impose An Excise Tax On Medical Cannabis Cultivation Facilities At A Rate Of 5% Of The Sale Price Of Cannabis Trim Or Cannabis Flower; To Require Dispensaries To Collect And Remit The Sales Tax Levied In Section 27-65-17(1)(a) From The Gross Proceeds Of Each Sale Of Medical Cannabis; To Allow The Governing Authorities Of Municipalities And Board Of Supervisors Of Counties To Opt Out Of Allowing The Processing, Sale And Distribution Of Medical Cannabis Within 90 Days After The Effective Date Of The Act; To Provide For The Referendum Process For A Municipality Or County To Opt Into Allowing The Cultivation, Processing, Sale And Distribution Of Medical Cannabis In A Municipality Or County That Has Opted Out; To Provide For The Judicial Review For Those Aggrieved By A Final Decision Or Order Related To The Medical Cannabis Program; To Require All Fines And Fees Collected By The Department Of Health And Department Of Revenue To Be Deposited Into The State General Fund; To Establish A Medical Cannabis Advisory Committee; To Amend Section 25-53-5, Mississippi Code Of 1972, To Temporarily Exempt Acquisitions Of Information Technology Equipment And Services Made By The Mississippi Department Of Health And The Mississippi Department Of Revenue For The Purposes Of Implementing, Administering And Enforcing The Provisions Of The Mississippi Medical Cannabis Act, From Mississippi Department Of Information Technology Services Procurement Laws, Rules, And Regulations; To Amend Section 27-104-203, Mississippi Code Of 1972, To Authorize Grants, Contracts, Pass-through Funds, Project Fees Or Charges For Services Between The State Department Of Health, State Department Of Revenue, And Other State Agencies Or Entities For The Operation Of The Medical Marijuana Program Established Under This Act; To Amend Section 37-11-29, Mississippi Code Of 1972, To Provide That The Term Controlled Substance Shall Not Include The Possession Or Use Of Medical Cannabis That Is Lawful Under This Act; To Amend Sections 27-7-17, 27-65-111, 33-13-520, 41-29-125, 41-29-127, 41-29-136, 41-29-137, 41-29-139; 41-29-141, 41-29-143, 43-21-301, 43-21-303, 45-9-101, 59-23-7, 63-11-30, 71-3-7, 71-3-121, 73-15-29, 73-19-23, 73-21-127, 73-25-29 And 83-9-22, Mississippi Code Of 1972, To Conform To The Provisions Of This Act; To Bring Forward Sections 17-1-3, 19-5-9, 25-43-1.103, 25-43-2.101, 25-43-3.102, 25-43-3.103, 25-43-3.104, 25-43-3.105, 25-43-3.106, 25-43-3.107, 25-43-3.109, 25-43-3.110 And 25-43-3.113, Mississippi Code Of 1972, Which Are Sections Of The Mississippi Administrative Procedures Law And The Provisions Relating To The Adoption Of Building Codes In Counties, For The Purposes Of Possible Amendment; To Amend Section 25-43-3.108, Mississippi Code Of 1972, To Make Some Minor Nonsubstantive Changes; To Bring Forward Section 41-3-15, Mississippi Code Of 1972, Which Provides For Powers And Duties Of The State Board Of Health, For The Purposes Of Possible Amendment; To Amend Sections 27-7-22.5 And 27-7-22.30, Mississippi Code Of 1972, To Provide That Medical Cannabis Establishments Are Not Eligible For Certain Income Tax Credits Authorized By Such Sections; To Amend Sections 27-31-51 And 27-31-53, Mississippi Code Of 1972, To Provide That Personal Property Of Medical Cannabis Establishments Is Not Eligible For Freeport Warehouse Ad Valorem Tax Exemptions; To Amend Sections 27-31-101 And 27-31-104, Mississippi Code Of 1972, To Provide That County Boards Of Supervisors And Municipal Authorities Cannot Grant Certain Ad Valorem Tax Exemptions For Medical Cannabis Establishments Or Enter Into Fee-in-lieu Of Ad Valorem Tax Agreements With Medical Cannabis Establishments; To Amend Section 27-65-17, Mississippi Code Of 1972, To Provide That Medical Cannabis Establishments Are Not Considered To Be Technology Intensive Enterprises For Purposes Of The Reduced Sales Tax Rate Authorized For Sales Of Machinery And Machine Parts To Technology Intensive Enterprises; To Amend Section 27-65-101, Mississippi Code Of 1972, To Provide That Certain Industrial Sales Tax Exemptions Do Not Apply To Sales To Medical Cannabis Establishments; To Amend Section 37-148-3, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Term "investor" Under The Strengthening Mississippi Academic Research Through Business Act; To Amend Section 57-1-16, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Term "extraordinary Economic Development Opportunity" For Purposes Of The Ace Fund; To Amend Section 57-1-221, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Term "project" For Purposes Of The Mississippi Industry Incentive Financing Revolving Fund; To Amend Section 57-10-401, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Term "eligible Company" For Purposes Of The Sections Of Law That Provide For The Issuance Of Bonds By The Mississippi Business Finance Corporation To Finance Economic Development Projects In Order To Induce The Location Or Expansion Of Certain Businesses Within This State; To Amend Section 57-61-5, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Term "private Company" Under The Mississippi Business Investment Act; To Amend Section 57-62-5, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Term "qualified Business Or Industry" Under The Mississippi Advantage Jobs Act; To Amend Section 57-69-3, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Terms "minority Business Enterprise" And "minority Business Enterprise Supplier" Under The Mississippi Minority Business Enterprise Act; To Amend Section 57-71-5, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of Private Company; To Amend Section 57-73-21, Mississippi Code Of 1972, To Provide That Medical Cannabis Establishments Are Not Eligible For Certain Income Tax Credits Authorized By Such Section; To Amend Section 57-80-5, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Term "business Enterprise" Under The Growth And Prosperity Act; To Amend Section 57-85-5, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Terms "project" And "rural Business" Under The Mississippi Rural Impact Act; To Amend Section 57-91-5, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Term "business Enterprise" Under The Economic Redevelopment Act; To Amend Section 57-117-3, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Terms "health Care Industry Facility" And "qualified Business" Under The Mississippi Health Care Industry Zone Act; To Amend Section 57-119-11, Mississippi Code Of 1972, To Provide That The Mississippi Development Authority Shall Not Provide Financial Assistance From The Gulf Coast Restoration Fund For Projects That Are Medical Cannabis Establishments Or Projects Related To Medical Cannabis Establishments; To Amend Section 65-4-5, Mississippi Code Of 1972, To Exclude Medical Cannabis Establishments From The Definition Of The Terms "high Economic Benefit Project" And "private Company" Under The Economic Development Highway Act; To Amend Sections 69-2-11 And 69-2-13, Mississippi Code Of 1972, To Provide That The Mississippi Development Authority Shall Not Provide Financial Assistance To Medical Cannabis Establishments Under The Mississippi Farm Reform Act Of 1987; And For Related Purposes.