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 41-137-9 - Protections for the medical use of cannabis

(1)
There is a presumption that a registered qualifying patient is engaged in the medical use of medical cannabis under this chapter if the person is in possession of a registry identification card and an amount of medical cannabis that does not exceed the allowable amount of medical cannabis. There is a presumption that a registered designated caregiver is assisting in the medical use of medical cannabis under this chapter if the person is in possession of a registry identification card and an amount of medical cannabis that does not exceed the allowable amount of medical cannabis. These presumptions may be rebutted by evidence that conduct related to medical cannabis was not for the purpose of treating or alleviating a registered qualifying patient's debilitating medical condition or symptoms associated with the registered qualifying patient's debilitating medical condition under this chapter.
(2)
Subject to the conditions, limitations, requirements and exceptions set forth in this chapter, the following activities related to medical cannabis shall be considered lawful:
(a)
The purchase, transportation or possession of up to the allowable amount or medical use of medical cannabis;
(b)
Financial reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of medical cannabis;
(c)
Compensating a dispensary for goods or services provided;
(d)
The provision, by a professional or occupational licensee, of advice or services related to medical cannabis activities allowed under this chapter, to the extent such advice or services meet or exceed the applicable professional or occupational standard of care;
(e)
Providing or selling equipment used to ingest medical cannabis to a cardholder, nonresident cardholder or to a medical cannabis establishment;
(f)
Acting as a designated caregiver to assist a registered qualifying patient with the act of using or administering medical cannabis;
(g)
Activities by a medical cannabis establishment or a medical cannabis establishment agent that are allowed by its license and registration;
(h)
Activities by a dispensary or a dispensary agent to possess, store or sell medical cannabis products, educational materials and products used to ingest medical cannabis to cardholders, nonresident cardholders and other dispensaries, or to purchase or otherwise acquire medical cannabis products from cannabis cultivation facilities, cannabis processing facilities, cannabis research facilities or other dispensaries;
(i)
Activities by a cannabis cultivation facility, cannabis processing facility or agents of these facilities to:
(i)
Possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack or store medical cannabis;
(ii)
Purchase or otherwise acquire medical cannabis and cannabis products from medical cannabis establishments; or
(iii)
Sell, supply or transfer medical cannabis products, equipment used to ingest medical cannabis, and related supplies and educational materials to other cannabis cultivation facilities, cannabis processing facilities or dispensaries.
(j)
Activities by a cannabis research facility, a cannabis testing facility or agents of these facilities to:
(i)
Purchase or otherwise acquire medical cannabis from medical cannabis establishments;
(ii)
Possess, produce, process, compound, convert, prepare, pack, test, repack and store medical cannabis and cannabis products obtained from medical cannabis establishments; or
(iii)
Sell, supply or transfer medical cannabis, educational materials and equipment used to ingest medical cannabis to cannabis cultivation facilities, cannabis processing facilities, cannabis testing facilities and cannabis research facilities.
(k)
Activities by a cannabis transportation entity or a cannabis disposal entity to transport, supply, deliver, dispose of or destroy cannabis, as applicable.
(3)
Any medical cannabis, cannabis product, equipment used to ingest medical cannabis, or other interest in or right to property that is possessed, owned or used in connection with the medical use of medical cannabis as authorized by this chapter, or acts incidental to such use, shall not be seized or forfeited. This chapter shall not prevent the seizure or forfeiture of medical cannabis exceeding the allowable amounts of medical cannabis, nor shall it prevent seizure or forfeiture if the basis for the action is unrelated to the medical cannabis that is possessed, processed, transferred or used pursuant to this chapter.
(4)
Possession of, or application for, a registry identification card shall not:
(a)
Constitute probable cause or reasonable suspicion;
(b)
Be used to support a search of the person or property of the person possessing or applying for the registry identification card; or
(c)
Subject the person or property of the person to inspection by any governmental agency.
(5)
It is the public policy of the State of Mississippi that contracts related to medical cannabis that are entered into by cardholders, medical cannabis establishments, medical cannabis establishment agents and those who allow property to be used by those persons, should be enforceable to the extent that those activities comply with the other provisions of this chapter. It is the public policy of the State of Mississippi that no contract entered into by a cardholder, a medical cannabis establishment, or a medical cannabis establishment agent, or by a person who allows property to be used for activities that are authorized under this chapter, shall be unenforceable on the basis that activities related to cannabis are prohibited by federal law.
(6)
An applicant for a professional or occupational license shall not be denied a license based on previous employment related to medical cannabis activities that are allowed under this chapter.
Added by Laws, 2022, ch. 303, SB 2095,§ 5, eff. 2/2/2022.