The approval of the State of Mississippi’s Medical Cannabis Act on February 2, 2022, legalized licensed medical cannabis cultivation in Jackson County. Although the Act permits the banning of medical cannabis businesses by counties and municipalities, the Jackson County Zoning Ordinance allows licensed medical cannabis cultivation businesses.
To operate in Jackson County, a medical cannabis cultivation company needs a medical cannabis cultivator license issued by the Mississippi State Department of Health’s (MSDH) Mississippi Medical Cannabis Program (MMCP). The company must first register with the Mississippi Secretary of State's Office to apply for the license.
The eight types of state medical cannabis cultivator licenses and their respective fees are as follows:
Once the medical cannabis cultivation company has the state license in hand, it must apply for a privilege license to run a business in Jackson County. The business permit application must be made at the Jackson County Planning Department and the permit must be submitted to the Jackson County Tax Collector’s Office. Section 6.17.01 of the Jackson County Zoning Ordinance allows licensed medical cannabis cultivation facilities only in the following district zones:
As of June 2023, there were 10 licensed medical cannabis cultivation facilities in Jackson County.
The Medical Cannabis Act mandates that a licensed medical cannabis growing facility must be more than 1,000 feet away from another licensed medical cannabis growing facility, or a church, school, daycare center, or property meant for such usage. The institution in question and the MMCP may grant a waiver allowing the shortening of this distance but only to a minimum of 500 feet.
The Medical Cannabis Act also mandates that all licensed medical cannabis cultivation facilities must grow their cannabis crops only indoors and hidden from the sight of the public. All licensed cultivators must implement the MMCP Metrc seed-to-sale inventory tracking system.
Each facility must be fully enclosed by a fence and a locked gate and protected by a security system with recorded video surveillance and alarms. The security system must run around the clock and must be operational even with a power outage. Prominent signs must warn people of the ongoing video surveillance and that persons below 21 are not allowed entry. All individuals entering and exiting the facility must be logged.
The State of Mississippi’s Medical Cannabis Act legalized licensed medical cannabis product manufacturing in Jackson County. The Jackson County Zoning Ordinance allows the establishment of licensed medical cannabis manufacturing businesses even if the Act enables counties and municipalities to ban these by ordinance.
To operate in Jackson County, a medical cannabis manufacturing company needs a medical cannabis processor license from the MMCP, which first requires registration with the Mississippi Secretary of State's Office. To be allowed to manufacture edible medical cannabis products, though, a separate manufactured food permit from the MSDH is also required.
The three types of state medical cannabis processor licenses and their respective fees are as follows:
Only upon obtaining the state license can the medical cannabis manufacturing company apply for the Jackson County privilege license by making a business permit application to the Jackson County Planning Department and submitting the permit to the Jackson County Tax Collector’s Office. Section 6.17.01 of the Jackson County Zoning Ordinance allows licensed medical cannabis manufacturing facilities only in the same district zones as those allowed for licensed medical cannabis cultivation facilities. As of June 2023, there were no licensed medical cannabis manufacturing facilities in Jackson County.
Licensed medical cannabis manufacturers are bound to comply with all the regulations also imposed on licensed medical cannabis cultivators concerning location restrictions, indoor operations, security, and tracking of inventory.
The Medical Cannabis Act of the State of Mississippi legalized the licensed retail selling of medical cannabis and medical cannabis products only to medical cannabis cardholders in Jackson County. Despite the fact that the Act authorizes counties and municipalities to ban any type of medical cannabis business, the Jackson County Zoning Ordinance allows licensed medical cannabis retail businesses.
To operate in Jackson County, a medical cannabis retail company needs a medical cannabis dispensary license from the Alcoholic Beverage Control Enforcement Division (ABC) of the State of Mississippi’s Department of Revenue (DOR). All DOR ABC regulations on medical cannabis dispensaries must be complied with. The medical cannabis license application charge is $15,000 while the license has an annual fee of $25,000.
Only with the state license can the medical cannabis retail company apply for the privilege license in Jackson County. As with state-licensed medical cannabis cultivators and retailers, the state-licensed medical cannabis retailer must make a business permit application to the Jackson County Planning Department and submit the permit to the Jackson County Tax Collector’s Office. Section 6.17.02 of the Jackson County Zoning Ordinance allows licensed medical cannabis retail facilities only in the following district zones:
Jackson County allows licensed medical cannabis retail facilities to operate only from 8 a.m. to 10 p.m. As of June 2023, there were 10 licensed medical cannabis retail facilities in Jackson County.
Licensed medical cannabis retailers must stay compliant with the same regulations imposed on licensed medical cannabis cultivators and manufacturers with regard to the facility’s location, operations being indoors, security system, and inventory documentation.
Licensed medical cannabis dispensaries in the State of Mississippi are only allowed to sell to medical cannabis cardholders the following:
A licensed medical cannabis dispensary must limit the purchase of every state-residing medical cannabis cardholder to a maximum of six Mississippi Medical Cannabis Equivalency Units (MMCEU) per week, with a maximum of 24 MMCEU per 30 days. One MMCEU equals one of the following:
Non-residents of the State of Mississippi who hold temporary MMCP medical cannabis cards are allowed to purchase only a maximum of 12 MMCEU per 14 days.
All sales must be logged on the online MMCP registry. Hence, the medical cannabis card of the purchaser must be checked by the licensed medical cannabis dispensary against the online MMCP registry before any sale to ensure that the purchaser is not exceeding the allowed limits.
The Medical Cannabis Act of the State of Mississippi does not allow licensed medical cannabis retailers to deliver medical cannabis and medical cannabis products to medical cannabis cardholders in Jackson County. Even drive-through selling and curbside pickups are prohibited. All sales to medical cannabis cardholders must be made in person indoors in the licensed medical cannabis dispensary. Licensed medical cannabis businesses are only allowed to transport medical cannabis and medical cannabis products to other licensed medical cannabis businesses.
The MMCP medical cannabis card may be applied for by residents and non-residents of Jackson County.
Only a temporary MMCP medical cannabis card, valid for 15 days at a time but renewable, may be applied for by non-residents of the State of Mississippi or those who have lived in the state for fewer than 45 days. Applicants must have a valid current medical cannabis card from their home state and pay a $75 application fee.
State residents may apply for the MMCP medical cannabis card with a maximum validity of one year, depending on their MSDH-registered health practitioner certification. The health practitioner will certify if the patient has one of the illnesses that qualify under the MMCP, as follows:
No more than 60 days after being certified by the health practitioner, the patient must apply through the MMCP Online Portal and pay the fee of $25. The fee is reduced to $15 for Mississippi Medicaid beneficiaries. Veterans and first responders with complete disability are exempted from paying.
A caregiver is required if the patient is below 18, to purchase medical cannabis and medical cannabis products for the patient. Incapacitated adult patients may likewise have caregivers. All caregivers must follow the same application process as patients on the MMCP portal. In addition to the $25 fee, they also have to pay a $37 fee for a criminal history background check.
Inquiries may be directed to the following:
Registration information: MSMedicalCannabis@msdh.ms.gov
General MMCP information: MCRegistration@msdh.ms.gov
The State of Mississippi’s DOR states that the following taxes are imposed on medical cannabis and medical cannabis products in the state:
In addition to tax revenues, the State of Mississippi also earns from the application fees and license fees paid by medical cannabis businesses. According to the MMCP, these totaled more than $9.86 million as of December 30, 2022.
Medical cannabis was legalized in Jackson County in 2022.
On the FBI’s Crime Explorer page, data sent by the Jackson County Sheriff's Office shows that in 2019, the latest data available and three years before the legalization of medical cannabis, there were 107 arrests for marijuana offenses, comprised of 104 arrests for possession and three arrests for sales. In the same year, there were 273 DUI arrests in the county. There is still no data on marijuana-related and DUI arrests after medical cannabis legalization.