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 41-137-23 - Issuance and denial of registry identification cards

(1)
No later than one hundred twenty (120) days after February 2, 2022, the MDOH shall begin issuing registry identification cards to qualifying patients who submit the following:
(a)
A written certification issued by a practitioner within six (6) months immediately preceding the date of the application;
(b)
The application or renewal fee;
(c)
The name, address, social security number, and date of birth of the qualifying patient;
(d)
The name, address, and telephone number of the qualifying patient's practitioner issuing the written certification;
(e)
The name, address, social security number, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient; and
(f)
If more than one (1) designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers is needed due to the patient's age or medical condition.
(2)
If the qualifying patient is unable to submit the information required by subsection (1) of this section due to the person's age or medical condition, the person responsible for making medical decisions for the qualifying patient may do so on behalf of the qualifying patient.
(3)
Except as provided in subsection (5) of this section, the MDOH shall:
(a)
Verify the information contained in an application or renewal submitted under this section and approve or deny an application or renewal within ten (10) days of receiving a completed application or renewal application; and
(b)
Issue registry identification cards to a qualifying patient and his or her designated caregiver(s), if any, within five (5) days of approving the application or renewal. A designated caregiver must have a registry identification card for each of his or her qualifying patients.
(4)
(a)
The MDOH shall require criminal background checks in order to carry out this section.
(b)
The MDOH shall require that the prospective designated caregiver or caregiver's applicant apply for or authorize the division to obtain state and national criminal background checks to be conducted by the Mississippi Justice Information Center of the Department of Public Safety and the Federal Bureau of Investigation.
(c)
Such criminal background checks shall conform to the applicable federal standards, and shall include the taking of fingerprints.
(d)
The applicant shall authorize the release of such criminal background checks to the MDOH, and shall be responsible for the payment of any fee associated with the criminal background checks.
(e)
Upon completion of such criminal background checks, the Mississippi Justice Information Center of the Department of Public Safety shall forward to the MDOH all information obtained concerning the applicant.
(5)
The MDOH shall not issue a registry identification card to a qualifying patient who is younger than eighteen (18) years of age, unless:
(a)
The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of medical cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and
(b)
The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:
(i)
Acknowledge the potential harms related to the use of medical cannabis;
(ii)
Allow the qualifying patient's medical use of medical cannabis;
(iii)
Serve as the qualifying patient's designated caregiver; and
(iv)
Control the acquisition of the medical cannabis, the dosage and the frequency of the use of medical cannabis by the qualifying patient.
(6)
If a designated caregiver is an entity licensed to provide health care services, residential care services or day care services, then:
(a)
The MDOH may provide a single registry identification card to the entity, regardless of the number of registered qualifying patients the entity serves; and
(b)
The MDOH may issue individual registry identification cards for employees of the entity that may transport medical cannabis.
(7)
The MDOH shall provide an electronic or physical list of registered qualifying patients who have designated the entity as their caregiver. This list shall be updated with each additional designation.
(8)
The MDOH may deny an application or renewal of a qualifying patient's registry identification card only if the applicant:
(a)
Did not provide the required information or materials;
(b)
Previously had a registry identification card revoked;
(c)
Provided false information; or
(d)
Failed to meet the other requirements of this chapter.
(9)
The MDOH may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if the applicant:
(a)
Does not meet the definition of "designated caregiver" under Section
41-137-3
;
(b)
Did not provide the information required;
(c)
Previously had a registry identification card revoked;
(d)
Provided false information;
(e)
Is younger than twenty-one (21) years of age and is not the parent or legal guardian of the qualifying patient who the designated caregiver would assist; or
(f)
Failed to meet the other requirements of this chapter.
(10)
The MDOH shall give written notice to the qualifying patient of the reason for denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver.
(11)
Denial of an application or renewal is considered a final MDOH action, subject to judicial review in accordance with Section
41-137-59
.
Amended by Laws, 2023, ch. 436, HB 1158,§ 2, eff. 3/27/2023.
Added by Laws, 2022, ch. 303, SB 2095,§ 12, eff. 2/2/2022.