With the Monday, May 2 agenda; the Winston County Board of Supervisors are set to discuss the Mississippi Medical Cannabis Act.
The Mississippi Medical Cannabis Act set a deadline of May 3 for counties and municipalities to opt out of medical marijuana. Next Monday’s meeting will be the last opportunity for the county to adopt an ordinance opting out of the MMCA before automatically being opted into the program (if the board does nothing).
Gov. Tate Reeves signed legislation legalizing medical cannabis on Feb. 2 after being enacted by the Legislature. The law permits the use of medical cannabis to treat debilitating medical conditions such as cancer, chronic pain and seizures, among other maladies. The law was effective immediately upon signing by the governor, although medical cannabis will not become available for months.
Medical cannabis products will include cannabis flower, cannabis extracts, edible cannabis products, beverages, topical products, ointments, oils, tinctures and suppositories.
In the November 2020 election, Mississippi voters approved Initiative Measure No. 65, which amended the Mississippi Constitution to allow qualified patients with debilitating medical conditions — certified by licensed Mississippi physicians — to use marijuana. The initiative was struck down by the state Supreme Court in May 2021.
If the county opts out, marijuana could not be grown or dispensed within the county limits for medical purposes. However, a vote to opt out, in part or in full, would not impact local residents' ability to get a medical marijuana card or restrict their ability to use medical marijuana. Their decision will impact only whether or not dispensaries and cultivation facilities will be allowed in the county.
If the board does opt out of the program, it can vote later to opt in. Additionally, citizens could try to override the board’s decision by obtaining 1,500 signatures or 20% of voters, whichever is less, to have the matter voted on within 60 days of the board’s decision.
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Provisions of Law
These are some of the provisions of the medical marijuana law, according to published reports:
• The first licenses and registrations will be given to cannabis growing, cultivation and packaging facilities. The marijuana must be cultivated inside a building. The Mississippi State Department of Health will oversee the program.
• A medical professional can only prescribe medical marijuana within the scope of his/her practice. This requires an in-person visitation. The law allows patients to buy up to 3 ounces of marijuana per month.
• The bill applies the state's 7% sales tax and a new 5% excise tax to cannabis sales. If a person bought $100 of cannabis, they would pay $12 in taxes.
• A marijuana dispensary has to be more than 1,000 feet away from churches and schools.
• Although the county has to follow the laws in the 495-page Act, the state gives the county the right to add regulations to the businesses.
• Mississippi’s bill allows micro-growers to receive licenses for as little as $2,000 a year with a $1,500 application fee. The costs are tiered in six levels based on a growing facility’s size.
• Large cultivators with more than 100,000 square feet of growing space will have to pay a $60,000 application fee and $150,000 annual license fee. The dispensary system, however, isn’t tiered. Business owners will have to pay $15,000 to apply for a license to sell and an annual fee of $25,000, regardless of the businesses’ size.
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The Town of Noxapater has already chosen to opt out for now.
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The Winston County Board of Supervisor’s meet the first and third Monday at 9 a.m.
