HB1009: Medical marijuana; authorize use of and provide for regulation by State Department of Health.

Legislative Summary

An Act To Authorize Medical Marijuana For Qualified Persons With Debilitating Medical Conditions; To State The Purpose Of This Act; To Provide That Certain Actions Relating To Medical Marijuana Shall Not Be Subject To Civil Or Criminal Sanctions; To Provide That This Act Does Not Apply To Certain Situations And Activities; To Provide That It Is Unlawful To Smoke Medical Marijuana In A Public Place; To Define Certain Terms For The Purpose Of This Act; To Provide That The State Department Of Health Shall Administer The Provisions Of This Act; To Direct The Department To Prescribe Rules And Regulations Addressing Certain Matters Relating To Medical Marijuana; To Provide That The Rules And Regulations May Assess Fees For Issuing Medical Marijuana Identification Cards And For Licensing Medical Marijuana Treatment Centers; To Provide That The Department Shall Issue Identification Cards To Qualified Patients Upon Presentation Of A Physician Certification; To Provide That Qualified Patients Are Authorized To Receive Medical Marijuana From Treatment Centers Upon Presentation Of Their Identification Card; To Direct The Department To Adopt Final Rules And Regulations Not Later Than July 2, 2021, And Begin Issuing Identification Cards And Treatment Center Licenses Not Later Than August 15, 2021; To Authorize The Department To Adopt And Levy Administrative Fines To Enforce The Provisions Of This Act; To Provide For A Tax Equal To The General Sales Tax Rate Upon The Gross Proceeds Of The Final Sales Of Medical Marijuana; To Provide That Revenue Generated From This Tax Or Through The Issuance Of Identification Cards Or The Licensing Of Medical Marijuana Treatment Centers Shall Pay For The Costs Incurred By The Department In Implementing And Enforcing The Provisions Of This Act; To Provide That All Of Those Funds Shall Be Deposited Into A Special Fund In The State Treasury, Which Shall Be Administered By The Department; To Provide That The Department May Make Expenditures From The Fund Upon Appropriation By The Legislature For Costs Or Other Services Or Programs Associated With This Act; To Provide That Upon Request Of The Department, The State Treasurer Shall Provide A Line Of Credit From The Working Cash-stabilization Fund Or Any Other Available Special Source Funds Maintained In The State Treasury In An Amount Not To Exceed $2,500,000.00, For Deposit To This Special Fund To Provide Sufficient Working Cash To Implement The Provisions Of This Act; To Provide That Medical Marijuana Treatment Centers Shall Not Provide To A Qualified Patient, During Any One Fourteen-day Period, An Amount Of Medical Marijuana That Exceeds Two And Five-tenths Ounces By Weight; To Provide That At No One Time Shall A Qualified Patient Possess More Than Two And Five-tenths Ounces Of Medical Marijuana; To Provide That Medical Marijuana Shall Only Be Dispensed To A Qualified Patient Or Caregiver With A Current Medical Marijuana Identification Card By A Medical Marijuana Treatment Center; To Provide That No Medical Marijuana Treatment Center Shall Be Located Within Five Hundred Feet Of A Pre-existing School, Church Or Licensed Child Care Center; To Provide That Any Zoning Ordinances, Regulations And/or Provisions Of A Municipality Or County Shall Be Consistent With This Act And Shall Not Impair The Availability Of And Reasonable Access To Medical Marijuana; To Provide That Zoning Provisions Applicable To Medical Marijuana Retail Dispensaries Shall Be No More Restrictive Than Those For A Licensed Retail Pharmacy, And Zoning Provisions Applicable To Other Businesses That Fall Within The Definition Of Medical Marijuana Treatment Centers Shall Be No More Restrictive Than Other Comparably Sized And Staffed Lawful Commercial Or Industrial Businesses; To Amend Sections 17-1-3, 25-53-5, 27-65-111, 27-103-203, 41-29-125, 41-29-127, 41-29-136, 41-29-137, 41-29-139, 41-29-141, 41-29-143, 59-23-7, 63-11-30, 73-25-29 And 83-9-22, Mississippi Code Of 1972, To Conform To The Preceding Provisions; To Bring Forward Section 27-65-75, Mississippi Code Of 1972, Which Provides For The Distribution Of Sales Taxes Collected, For The Purpose Of Possible Amendment; And For Related Purposes.