Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 137 - MISSISSIPPI MEDICAL CANNABIS ACT (§§ 41-137-1 — 41-137-67) › Section 41-137-5 - Authorization to use medical cannabis; requirements

(1)
No person shall be authorized to use medical cannabis in this state unless the person (a) has been diagnosed by a practitioner, with whom the person has a bona fide practitioner-patient relationship within his or her scope of practice, as having a debilitating medical condition for which the practitioner believes, in his or her professional opinion, that the person would likely receive medical or palliative benefit from the medical use of medical cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition, (b) has received a written certification of that diagnosis from the practitioner, and (c) has been issued a registry identification card from the MDOH under Section
41-137-23
. A person who has been diagnosed by a practitioner as specified in paragraph (a) of this subsection shall be a qualifying patient, and the practitioner who has diagnosed the patient shall document that diagnosis with a written certification. However, nothing herein shall require a practitioner to issue a written certification.
(2)
A written certification shall:
(a)
Affirm that it is made in the course of a bona fide practitioner-patient relationship;
(b)
Remain current for twelve (12) months, unless the practitioner specifies a shorter period of time;
(c)
Be issued only after an in-person assessment of the patient by a practitioner;
(d)
Only be issued on behalf of a minor when the minor's parent or guardian is present and provides signed consent; and
(e)
Be limited to the allowable amount of cannabis in a thirty-day period.
(3)
No state agency, department, political subdivision or board shall require a practitioner to require a patient to submit to a drug test as a condition to receiving a certification for a registry identification card. However, a practitioner may require a drug test from a patient that is within his or her scope of practice.
(4)
After a practitioner has issued a written certification to a qualifying patient, a practitioner may assist the patient in registering for a registry identification card with the Department of Health, in a manner provided by regulations of the Department of Health.
(5)
After a qualifying patient receives a written certification from a practitioner, the patient shall be required to make a follow-up visit with the practitioner not less than six (6) months after the date of issuance of the certification for the practitioner to evaluate and determine the effectiveness of the patient's medical use of medical cannabis to treat or alleviate the patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. Qualifying patients may make a follow-up visit with a different practitioner than the practitioner who originally issued their written certification, provided that such practitioner is otherwise registered and acting within their scope of practice and the provisions of this chapter.
(6)
Before dispensing medical cannabis to a cardholder, the dispensary from which the cardholder is obtaining medical cannabis shall verify the identity of the cardholder and the authority of the cardholder to use medical cannabis as provided in Section
41-137-39
and shall determine the maximum amount of medical cannabis that a cardholder is eligible to receive and the amount of medical cannabis that the cardholder has received from all dispensaries during a specified period of time using the statewide seed-to-sale tracking system under Section
41-137-11
.
(7)
(a)
A practitioner shall be registered to issue written certifications to qualifying patients by completing the required application process as set forth by the MDOH. The MDOH shall require a practitioner to complete a minimum of eight (8) hours of continuing education in medical cannabis in order to issue written certifications. After the first year of registration, these practitioners shall complete five (5) hours of continuing education in medical cannabis annually to maintain this registration.
(b)
A practitioner shall not be required to have any additional qualifications to be authorized to certify a qualifying patient for a registry identification card, other than such requirements for practitioners as provided under the Mississippi Medical Cannabis Act.
(c)
A practitioner shall not be required to be registered to certify patients with any state agency or board other than the MDOH.
(8)
Only physicians and doctors of osteopathic medicine may issue written certifications to registered qualifying patients who are minors.
(9)
The requirements of this section shall not apply to a person who is authorized to purchase topical cannabis provided under Section
41-137-39(22)
, and such persons may possess and use such products without being in violation of this chapter.
Amended by Laws, 2023, ch. 436, HB 1158,§ 1, eff. 3/27/2023.
Added by Laws, 2022, ch. 303, SB 2095,§ 3, eff. 2/2/2022.