Madison County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Madison County?

Licensed cannabis cultivation for medical purposes in Madison County is legal by virtue of the Medical Cannabis Act of the State of Mississippi, approved by the governor on February 2, 2022. It enables counties and municipalities to opt out of any type of medical cannabis business. Madison County opted into licensed medical cannabis cultivation businesses. However, out of its five cities, Gluckstadt, Madison, and Ridgeland opted out. The cities of Canton and Jackson opted in.

To operate in Madison County, a medical cannabis cultivation company needs to acquire one of the various types of cultivator licenses from the Mississippi State Department of Health’s (MSDH) Mississippi Medical Cannabis Program (MMCP) after registering with the Mississippi Secretary of State's Office. The choices of cultivation licenses and their respective fees are:

A licensed medical cannabis cultivation facility must be separated from a place of worship, school, childcare institution, or area already zoned for any of these purposes by at least 1,000 feet, according to the Medical Cannabis Act, in addition to conforming with the local zoning regulation. The distance may be reduced to 500 feet if the concerned institution and the MMCP agree to grant a waiver.

Medical cannabis growing is permitted solely indoors, with the facility completely enclosed and concealed from public view. Commercial-grade locks must be used on gates. The security system, which includes alarms and video surveillance, must keep functioning all year round and must survive power outages. Warning signs about video surveillance and restrictions on entry for those under the age of 21 must be conspicuously displayed. All individuals who enter and leave the site must be recorded. The Metrc seed-to-sale inventory management system of the MMCP is required for all medical cannabis firms, including licensed medical cannabis growers.

Is Cannabis Manufacturing Legal in Madison County?

Licensed medical cannabis product manufacturing in Madison County is legal as mandated by the State of Mississippi’s Medical Cannabis Act. While the Act allows counties and municipalities to opt out of it, Madison County opted in for licensed medical cannabis manufacturing businesses. Of its five cities, however, only Canton and Jackson opted in. Gluckstadt, Madison, and Ridgeland opted out.

A medical cannabis manufacturing company needs to obtain from the MMCP, after registering with the Mississippi Secretary of State's Office, one of the various types of medical cannabis manufacturer licenses to operate in Madison County. The options for manufacturer licenses and their respective fees are:

All of the Medical Cannabis Act's regulations that apply to licensed medical cannabis growers, such as site limits, requirements for indoor operation, shielding from public visibility, security measures, and inventory monitoring, are also applicable to licensed medical cannabis manufacturers.

Is Cannabis Retail Legal in Madison County?

Licensed medical cannabis and medical cannabis product retail in Madison County is legal as stipulated by the Medical Cannabis Act of the State of Mississippi. However, since the Act allows counties and municipalities to opt out, Madison County has opted out of licensed medical cannabis dispensaries. Out of its five cities, those that also opted out are Gluckstadt, Madison, and Ridgeland. However, the cities of Canton and Jackson opted in.

In the cities in Madison County that opted in, a medical cannabis retail company is required to get a medical cannabis dispensary license from the Mississippi Department of Revenue’s (DOR) Alcoholic Beverage Control Enforcement Division (ABC). The applicants and licensees must comply with the ABC’s regulations. The application fee, which is non-refundable, is $15,000. The license fee for the first year is $40,000, and $25,000 for every year after that.

Licensed medical cannabis dispensaries must also comply with all of the requirements of the Medical Cannabis Act for licensed medical cannabis growers and manufacturers, such as site restrictions, indoor processes, preventing visibility to the public, security, and tracking of inventory. Admission is limited to dispensary employees and medical cannabis cardholders. Drive-through transactions and curbside pickups are not authorized.

In addition, the company name and license number of the medical cannabis dispensary must be posted outside, and the license must be posted within the facility. The licensed dispensary is prohibited from having a connecting door to another business or sharing any entrances or exits with another establishment. Physical barriers must prevent holders of medical cannabis cards from accessing medical cannabis and medical cannabis products inside the facility without staff supervision.

Only the following may be sold to medical cannabis cardholders by licensed medical cannabis dispensaries:

• Medical cannabis trims and flowers with a tetrahydrocannabinol (THC) content of not more than 30%
• Medical cannabis oils, tinctures, concentrates, and edible products with a THC content of not more than 60%
• Medical cannabis paraphernalia and supplies like grinders, rolling machines, pipes, bongs, rolling trays, rolling papers, glass jars, and bags

A medical cannabis cardholder who is a resident of the state may acquire up to six Mississippi Medical Cannabis Equivalency Units (MMCEU) every week, from Monday through Sunday, as long as the patient does not exceed 24 MMCEUs in 30 days. Non-resident medical cannabis cardholders are limited to purchasing a maximum of 12 MMCEUs every 14 days. Any of the following is considered an MMCEU unit:

• 100 milligrams of THC in medical cannabis products
• 1 gram of medical cannabis concentrate
• 3.5 grams of medical cannabis trims or flowers

In order to verify that the customer has a valid medical cannabis card, the staff of the licensed medical cannabis retail store must first ask for the card and compare it to data on the online MMCP registry. The registry will also indicate whether the intended purchase falls within the MMCEU limitations. Furthermore, it will disclose if the particular purchaser has been subjected to further constraints on MMCEU purchases.

Is Cannabis Delivery Legal in Madison County?

The delivery of medical cannabis and its products is not legal in Madison County in accordance with the DOR’s ABC rules. Holders of medical cannabis cards are only permitted to buy medical cannabis and medical cannabis products at licensed dispensary premises in person. The delivery of medical cannabis and its products is only permitted between licensed medical cannabis businesses.

How to Get a Medical Marijuana Card in Madison County

Residents and non-residents of Madison County can apply for a patient or caregiver medical cannabis card from the State of Mississippi’s Medical Cannabis Program Portal. First, the patient must be examined by a medical professional who is part of the Medical Cannabis Program. The medical practitioner may be a medical doctor, physician assistant, optometrist, or certified nurse practitioner.

If the patient is found to have any of the following qualifying medical conditions, the medical professional will issue a certification and post it on the registry:

• Dementia agitation
• Crohn's disease
• Glaucoma
• Cancer
• Spastic quadriplegia
• Sickle-cell anemia
• Post-traumatic stress disorder (PTSD)
• Spinal cord disease or severe injury
• Autism
• Hepatitis
• HIV
• Huntington's disease
• Muscular dystrophy
• Ulcerative colitis
• AIDS
• Pain unresponsive to opioid treatment
• Diabetic/peripheral neuropathy
• Amyotrophic lateral sclerosis (ALS)
• Alzheimer's disease
• Parkinson's disease
• A terminal, chronic, or debilitating ailment that results in one of the following:
  • Severe or persistent nausea
  • Acute and intractable muscle spasms
  • Seizures
  • Chronic pain
  • Cachexia or wasting syndrome

If the patient is below 18 years old, the certifying medical professional must be a medical doctor or an optometrist. Patients who are minors are also required to have caregivers who are the patient’s parent or legal guardian. The caregiver must provide proof of custody in the caregiver application.

Not more than six months after getting the certification, the patient must complete the application process. This must be preceded by registration on the Portal to create an account. An email address is needed where instructions will be sent on how to confirm registration. The application process that follows will require the applicant’s photo.

Caregivers must also apply on the Portal using the same process. They are required to pass a criminal background check.

The processing time for applications is about 10 days and the electronic medical cannabis cards will be available on the registry account five days after approval.

Non-residents of the State of Mississippi must have the same medical qualifications as state residents to apply for a 15-day temporary medical cannabis card. They must go through the same application process as residents and may start applying 30 days at most before their scheduled arrival in the state.

How Has Cannabis Legalization Impacted the Economy of Madison County?

In addition to the regular income tax and withholding tax that all licensed medical cannabis companies are required to pay, the State of Mississippi levies the following medical cannabis taxes:

1. An excise tax of 15% is charged to medical cannabis cultivators on their first sale of medical cannabis to another licensed medical cannabis business.
2. A sales tax of 7% is charged by a licensed medical cannabis dispensary to a medical cannabis cardholder for every medical cannabis or medical cannabis product purchase.

The Effects of Cannabis Legalization on Crime Rates in Madison County

Medical cannabis was legalized in Madison County in 2022.

Data sent by the Madison County Sheriff's Office to the FBI Crime Explorer page shows that in 2021, a year before the legalization of medical cannabis, there were no arrests for marijuana possession arrests or marijuana sales.

There were 688 DUI arrests in the county in 2021.