reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 3 - Distance Requirements › Section 35-11-3-100

Current through June 25, 2024
The main point of entry to a dispensary cannot be located
				  within 1,000 feet of the nearest property boundary line of any school, church
				  or child care facility unless the dispensary applicant is able to obtain a
				  waiver from the school, church or child care facility. Regardless of the
				  waiver, a dispensary may not be located within 500 feet of any school, church
				  or child care facility property boundary line. The property boundary line to be
				  considered is the parcel of land on which a school, church or child care
				  facility is located. It does not include parcels of land owned by a school,
				  church or child care facility but on which such a facility is not
				  located.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 3 - Distance Requirements › Section 35-11-3-101

Current through June 25, 2024
The following applies under this Chapter for purposes of
				  property boundary line measurements:
1.
				The applicable property boundary line for a church facility shall be the parcel
				of land on which a structure exists or is in the process of being constructed
				at the time of application where worship services are held on a regularly
				occurring basis to include religious ceremonies, religious counseling and/or
				religious studies. The applicable property boundary line does not include
				parking lots, fields on which no church facilities are located or other parcels
				owned by churches unless the parcel also includes a church facility.
2. The applicable property boundary line for
				a childcare facility shall be the parcel of land on which a structure exists or
				is in the process of being constructed at the time of application and for which
				the Mississippi Department of Health has issued a childcare facility license or
				would have issued a childcare facility license but for an applicable exemption
				under Miss. Code Ann. Section
				43-20-5.
				The applicable property boundary line does not include parking lots, fields on
				which no childcare facilities are located or other parcels owned by a child
				care center unless the parcel also includes a child care facility.
3. The applicable property boundary line for
				a school shall be the parcel of land on which a facility exists or is in the
				process of being constructed at the time of application used for the teaching
				of children, whether owned or leased by the school, including instructional
				staff members and students, and which is in session each school year. This
				includes, but is not limited to, public, private, church and parochial programs
				for kindergarten, elementary, junior high and high schools. The applicable
				property boundary line does not include parking lots, fields on which no school
				facility is located or other parcels owned by a school unless the parcel also
				includes a school facility.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 3 - Distance Requirements › Section 35-11-3-102

Current through June 25, 2024
The main point of entry for a dispensary cannot be located
				  within 1,500 feet of the main point of entry for an existing dispensary. When
				  two completed applications are received and the main points of entry for each
				  are within 1,500 feet of the other, the first applicant to be issued a license
				  will be controlling. The second applicant will not be eligible to receive a
				  license for its applied location with the listed main point of
				  entry.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 3 - Distance Requirements › Section 35-11-3-103

Current through June 25, 2024
All measurements shall be made using a straight line,
				  point-to-point method. When a main point of entry constitutes an end point,
				  measurement shall begin at the mid-point of the door if a single door; and the
				  point where the doors meet for dual door entrances.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 3 - Distance Requirements › Section 35-11-3-104

Current through June 25, 2024
If the premises construction is complete at the time of
				  application, the Department will investigate the application based on the
				  completed construction when reviewing distance requirements. If the building
				  construction is complete but there are planned changes to the main point of
				  entry prior to opening, the Department will investigate the application based
				  on the premises map or sketch included with the application. If the application
				  is based on proposed building construction not completed at the time of
				  application, the Department will investigate the application based on the
				  survey and construction plans submitted with the application. The determination
				  as to whether a license should be issued will be based on these respective
				  documents. Therefore, any change to these documents or actual placement of a
				  main point of entry which would have materially affected the decision of the
				  Department to issue a license could subject the license to future
				  revocation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 4 - Annual Renewal › Section 35-11-4-100

Current through June 25, 2024
Active licenses must be renewed on an annual basis. Licenses
				  are valid for one year from the date of issuance. At the time of renewal the
				  licensee must demonstrate continued compliance with all applicable licensing
				  criteria.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 4 - Annual Renewal › Section 35-11-4-102

Current through June 25, 2024
A license shall not be renewed by the Department if:
1. Outstanding fines are owed to the
				Department;
2. An owner or
				individual with an economic interest has been convicted of a disqualifying
				felony;
3. The licensed entity has
				not engaged in licensed activity at the licensed premises for a period of 1
				year or more, unless the licensed entity submits evidence of reasonable
				justification, including without limitation death, illness, natural disaster,
				or other circumstances beyond the licensee's control. This exception is not
				available to dispensaries that have not completed construction according to the
				plans submitted by the licensee during the application process;
4. Renewal will result in any person having a
				direct or indirect ownership or economic interest of great than 10% in more
				than 5 dispensary licenses;
5. The
				licensed entity owes delinquent taxes; or
6. The licensed entity no longer meets all
				eligibility requirements for the issuance of a dispensary permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 4 - Annual Renewal › Section 35-11-4-103

Current through June 25, 2024
The Department shall send notification to each licensee of
				  the duty to renew no later than 60 days prior to the expiration date of an
				  active license. Notification will be completed by mailing or e-mailing the
				  renewal notice to the address listed by the licensee on its application or
				  latest renewal, as applicable.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 4 - Annual Renewal › Section 35-11-4-105

Current through June 25, 2024
The licensee shall submit proof, through a renewed local
				  authorization certification form, that the licensee is still in compliance with
				  all requisite local permits and licenses and is in good standing with the
				  municipality or other local entity wherein the licensee's facility is
				  located.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 5 - Department Approval Required for Transfer › Section 35-11-5-101

Current through June 25, 2024
An application for the transfer of ownership interests
				  must:
1. Be completed on forms made
				available by the Department;
2. Be
				submitted to the Department; and
3.
				Be accompanied by all required forms and supplemental information, provided by
				the person or entity seeking to assume an ownership interest, similar to that
				required in an application for a dispensary license to demonstrate compliance
				with all applicable requirements for licensure.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 6 - Temporary Appointee › Section 35-11-6-100

Current through June 25, 2024
Ownership or operations generally may not be transferred to a
				  person or business entity prior to the approval of an application for transfer
				  of ownership interests. However, in case of death or physical or mental
				  disability of any licensee, the estate, trustee, or guardianship of the
				  licensee shall be allowed to operate the permitted business for a period not
				  exceeding sixty (60) days after the death or disability. During the 60-day
				  period, any member of the licensee's immediate family may make application to
				  the Department for the unexpired portion of the license of the decedent to be
				  assigned to him.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 6 - Temporary Appointee › Section 35-11-6-101

Current through June 25, 2024
If such application is approved, the applicant shall be
				  granted the right, without payment of an additional permit fee, to operate the
				  licensed place of business for the unexpired portion of the time of the
				  original license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 7 - Approval for Transfer of Licensed Premises Location › Section 35-11-7-100

Current through June 25, 2024
A licensee must submit an update to its license to the
				  Department for approval prior to any relocation of a dispensary even if the
				  move is entirely within a premises in control of the licensee. This includes,
				  but is not limited to, expansions, changes in actual address or changes to
				  co-location of multiple establishment types. A licensee may request to transfer
				  its location within the city it is currently located within or to a different
				  city or county location.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 7 - Approval for Transfer of Licensed Premises Location › Section 35-11-7-101

Current through June 25, 2024
The dispensary must update its account within the medical
				  cannabis license portal with the following information:
1. Documentation from the local government
				confirming that the proposed relocation would comply with all local zoning
				restrictions.
2. Updated facility
				plan, security plan, operating plan, and proof of compliance with permitting
				requirements.
3. Updated survey
				showing that all distance requirements are met and/or a distance waiver has
				been attained, as applicable.
4. A
				new sales tax permit for the location has been obtained if the move is to a new
				address.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 8 - Security Plans › Section 35-11-8-100

Current through June 25, 2024
An applicant must have a security plan that is included in
				  its operation plan that is approved by the Department as part of the initial
				  application process. This security plan will list the measures that will be
				  taken by the dispensary to ensure that medical cannabis products are properly
				  secured and safe. It shall include information relating to surveillance
				  systems, camera placement, door security, alarm systems, and measures taken to
				  secure manners of egress and ingress onto the premises. At a minimum, the
				  security plan must meet all requirements set forth in these
				  regulations.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 8 - Security Plans › Section 35-11-8-101

Current through June 25, 2024
A licensee must notify the Department in writing of any
				  proposed changes to a security plan and must have approval prior to
				  implementing any change. The Department will notify a licensee in writing
				  whether the change is approved.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 8 - Security Plans › Section 35-11-8-102

Current through June 25, 2024
The Department may withdraw approval of the security plan at
				  any time if there have been one or more documented instances of theft or loss
				  of cannabis products on the licensed premises within the past year. If the
				  Department withdraws its approval of the security plan, the licensee will be
				  given thirty (30) days to modify the plan in a manner that satisfactorily
				  safeguard against future theft or loss of cannabis products. Failure to modify
				  in a satisfactory manner within the prescribed time may result in suspension or
				  revocation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 9 - Securing Cannabis and Cannabis Products › Section 35-11-9-100

Current through June 25, 2024
A licensee is responsible for the security of all cannabis
				  products on the licensed premises, providing adequate safeguards against theft
				  or diversion of cannabis products, and records that are required to be
				  kept.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 9 - Securing Cannabis and Cannabis Products › Section 35-11-9-102

Current through June 25, 2024
During all hours when the licensee is not operating, a
				  licensee must ensure that:
1. All
				points of ingress and egress from a licensed premises are securely locked and
				any keys or key codes to the enclosed area remain in the possession of the
				licensee, licensee representative, or authorized personnel; and
2. All cannabis products on a dispensary's
				premises are kept in a locked, secured location or enclosure within any area
				such that cannabis products are not visible from any area outside the licensed
				premises.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 10 - Alarm System › Section 35-11-10-101

Current through June 25, 2024
The security alarm system for the licensed premises
				  must:
1. Be able to detect unauthorized
				entry onto the licensed premises and unauthorized activity within any limited
				access area where cannabis and/or cannabis products are present; and
2. Be programmed to notify the licensee,
				licensee representative or authorized personnel and, unless properly
				deactivated by user, local law enforcement in the event of an unauthorized
				entry.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 10 - Alarm System › Section 35-11-10-102

Current through June 25, 2024
A dispensary that has at least one authorized representative
				  physically present on the licensed premises at all times when it is closed for
				  business is not required to comply with Paragraph 100 and Paragraph 101(a) and
				  (b) of this rule.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 11 - Video Surveillance › Section 35-11-11-101

Current through June 25, 2024
Video surveillance equipment must, at a minimum:
1. Consist of:
a. Digital video recorders;
b. Video monitors;
c. Digital archiving devices;
d. A minimum of one monitor on premises
				capable of viewing video; and
e.
				Interface devices, if required to adequately operate system or machinery such
				as a mouse and keyboard.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 11 - Video Surveillance › Section 35-11-11-102

Current through June 25, 2024
A dispensary must have cameras that continuously record, 24
				  hours a day:
1. In all areas where
				cannabis products may be present, including but not limited to point of sales
				areas, on the licensed premises;
2.
				All points of ingress and egress to and from areas where cannabis products may
				be present as well as any entrance or exit door from the premises;
3. All areas in which the dispensary provides
				parking for cardholders;
4. All
				areas in which the dispensary receives medical cannabis products from a third
				party or loads up medical cannabis products for transportation to a third
				party.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 11 - Video Surveillance › Section 35-11-11-103

Current through June 25, 2024
A licensee must:
1.
				In all areas where camera coverage is required, use cameras that record at a
				minimum resolution of HD 1080p and record at least 20 fps (frames per
				second);
2. Use cameras that are
				capable of recording in both high and low lighting conditions;
3. Have and keep surveillance recordings for
				a minimum of 120 calendar days;
4.
				Maintain surveillance recordings in a format that can be easily accessed for
				viewing and easily reproduced;
5.
				Upon request of the Department, keep surveillance recordings for periods
				exceeding the retention period specified in this rule;
6. Have the date and time embedded on all
				surveillance recordings without significantly obscuring the picture;
7. Make video surveillance records and
				recordings available immediately upon request to the Department in a format
				specified by the Department;
8.
				Notify the Department within 48 hours of any equipment failure or system outage
				lasting 30 minutes or more; and
9.
				Back up the video surveillance recordings off-site and in real time for the
				surveillance room or surveillance area.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 11 - Video Surveillance › Section 35-11-11-104

Current through June 25, 2024
A dispensary:
1. May
				not stop the recording or continuous real time back up of the recording for a
				surveillance area unless all other cameras on the licensed premises are shut
				down under this section or in instances where maintenance must be performed on
				an individual camera. During such a time the area formerly under surveillance
				must be monitored at all times by an employee of the licensee.
2. Must resume all required recording no
				later than the date and time specified in the notice submitted under Paragraph
				104 of this section.
3. May not
				engage in any licensed privileges in any areas where recording was stopped
				under this section.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 11 - Video Surveillance › Section 35-11-11-105

Current through June 25, 2024
A dispensary may stop recording in areas where cannabis
				  and/or cannabis products are not present due to seasonal closures or prolonged
				  periods of inactivity of at least thirty (30) days. At least 24 hours before
				  stopping recording, a dispensary must submit written notice to the Department.
				  The notice must include:
1. A copy of
				the licensee's plot plan or diagram showing which cameras will be deactivated,
				the total number of cameras that will be deactivated, and a description or list
				of areas or applicable labels of the deactivated cameras.
2. The date and time recording will
				stop.
3. An explanation for why
				recording will be stopped.
4. The
				date and time recording will resume.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 11 - Video Surveillance › Section 35-11-11-106

Current through June 25, 2024
A dispensary may not engage in any privileges of the license
				  in an area that does not have camera coverage as required by law or in an area
				  where camera coverage has been stopped, including but not limited to
				  possessing, storing, transferring, or receiving cannabis
				  products.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 13 - Use of Inducements › Section 35-11-13-100

Current through June 25, 2024
Dispensaries may utilize inducements to assist qualified
				  patients. Inducements must not persuade or influence the use of medical
				  cannabis outside of practitioner recommendations and/or limitations or the
				  amounts allowed by the Mississippi Medical Cannabis Act. Examples of authorized
				  inducements include:
1. The use of
				discount cards;
2. The use of
				coupons;
3. The use of "punch
				cards" to offer discounts/free products;
4. Promotion of sales/discounts on medical
				cannabis, including "buy one, get one" discounts, and daily/weekly/monthly deal
				discounts; and
5. The giving away
				of educational materials, including but not limited to, branded
				merchandise.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 14 - Building Signage Requirements › Section 35-11-14-100

Current through June 25, 2024
Each dispensary is required to place a sign on its exterior
				  in a conspicuous location that may be clearly viewed by the public that
				  identifies the name of the entity that owns the dispensary and lists the
				  license number issued by the Department.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 15 - Controlling Access to Areas of the Premises Designated for Retail Sales › Section 35-11-15-100

Current through June 25, 2024
A dispensary shall maintain control of areas of the premises
				  designated for sales to ensure that only authorized individuals are able to
				  enter, using one of the following arrangements:
1. Stationing an employee at the entry door
				during all hours of public operation. The employee shall check for valid
				identification and control entry to the premises; or
2. Keeping entry doors locked. The
				establishment shall use a door buzzer or other means to alert employees that a
				person wants to enter the premises. An employee shall check for valid
				identification before allowing entry.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 15 - Controlling Access to Areas of the Premises Designated for Retail Sales › Section 35-11-15-101

Current through June 25, 2024
Individuals are prohibited from entering unless they are
				  either over the age of 21 or they are under the age of 21, accompanied by a
				  guardian and have a valid patient card.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 15 - Controlling Access to Areas of the Premises Designated for Retail Sales › Section 35-11-15-104

Current through June 25, 2024
A dispensary can be located in the same building as another
				  business, but the dispensary cannot share a premises. The licensed premises of
				  the dispensary cannot share common entries or exits with other businesses.
				  Additionally, there cannot be an entrance or exit within the interior of the
				  dispensary connecting it with another business.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 16 - Items that Dispensaries are Authorized to Sell on the Premises › Section 35-11-16-100

Current through June 25, 2024
Dispensaries may only sell certain items on the licensed
				  premises. This includes medical cannabis, equipment used for medical cannabis,
				  or related supplies and educational materials. These items may only be sold to
				  cardholders.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 16 - Items that Dispensaries are Authorized to Sell on the Premises › Section 35-11-16-102

Current through June 25, 2024
Cannabis products include cannabis flower or trim of no more
				  than 30% total THC, cannabis tinctures, oils and concentrates of no more than
				  60% total THC, and edible cannabis products of no more than 60% total
				  THC.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 16 - Items that Dispensaries are Authorized to Sell on the Premises › Section 35-11-16-105

Current through June 25, 2024
Dispensaries are prohibited from selling items outside this
				  scope of categories on the licensed premises. This prohibition includes, but is
				  not limited to, clothing, food that does not contain cannabis, beverages that
				  do not contain cannabis, propane or butane, and vaping products that do not
				  contain cannabis.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 17 - Point of Sale Areas › Section 35-11-17-102

Current through June 25, 2024
A patient may handle cannabis products without the
				  supervision of a licensee or employee only following the completion of a sale
				  and once the purchased items are no longer within the premises or within an
				  area that the licensee controls. This language should not be construed to
				  require that a patient be escorted from the premises after
				  purchase.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 18 - General Requirements › Section 35-11-18-101

Current through June 25, 2024
Licensees have the responsibility to control their conduct
				  and the conduct of employees, customers, contractors and visitors on the
				  licensed premises at all times. Licensees shall ensure that at all times during
				  operating hours and hours of apparent activity that there is an on-site
				  employee authorized to cooperate with the Department during inspections of the
				  premises and requests to review business records or surveillance videos. Except
				  as otherwise provided by law, licensees or employees may not:
1. Use or be under the influence of alcoholic
				beverages, cannabis or controlled substances on the licensed
				premises;
2. Permit any disorderly
				or visibly intoxicated person to remain on the licensed premises;
3. Engage in or allow behavior on the
				licensed premises that provokes conduct which presents a threat to public
				safety;
4. Engage in, or permit any
				employee or other person to engage in, conduct on the licensed premises that is
				prohibited by law; or
5. Engage in
				or permit any employee or other person to engage in the consumption of any type
				of cannabis product on the premises.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 18 - General Requirements › Section 35-11-18-106

Current through June 25, 2024
Licensees shall be accountable for any criminal or
				  regulatory misconduct by its employees which occur on any part of the licensed
				  premises whether the licensee or a manager is present or not. Such misconduct
				  may result in a fine, suspension or revocation of the license depending upon
				  the type of misconduct that occurs.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 18 - General Requirements › Section 35-11-18-107

Current through June 25, 2024
Licensees shall be accountable for any criminal or regulatory
				  misconduct by nonemployees when the Department finds that the licensee or
				  licensee's employees knew or reasonably should have known about the
				  non-employee misconduct and did not take any action to stop the misconduct.
				  Such misconduct may result in a fine, suspension or revocation of the license
				  depending upon the type of misconduct that occurs.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 18 - General Requirements › Section 35-11-18-108

Current through June 25, 2024
Licensees must report medical cannabis dispensing
				  information every twenty-four (24) hours to the Prescription Monitoring Program
				  implemented and operated by the Mississippi Board of Pharmacy under Miss. Code
				  Ann. Section
				  73-21-127.
				  The dispensary information reported will be subject to rules and guidelines
				  promulgated by the Mississippi Board of Pharmacy and will include, but not be
				  limited to, the qualified patient's registry identification card number and the
				  amount of medical cannabis dispensed to the patient.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 19 - Operating Hours › Section 35-11-19-101

Current through June 25, 2024
The operating plan shall state the hours ("normal business
				  hours") during which it will:
1. Sell
				or transfer cannabis products, along with cannabis paraphernalia, on the
				licensed premises to individuals upon presentation of a car;
2. Refuse to sell any item to any person;
				or
3. Provide consultations between
				employees and cardholders.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 19 - Operating Hours › Section 35-11-19-102

Current through June 25, 2024
The following activities should be conducted during normal
				  business hours as stated in the operating plan or two hours before or two hours
				  after such normal business hours:
1.
				Accept deliveries of permitted items and manage its inventory;
2. Enter transfers or deliveries into the
				tracking system;
3. Conduct
				employee training; or
4. Perform
				administrative work, cleaning or maintenance.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 19 - Operating Hours › Section 35-11-19-104

Current through June 25, 2024
If a local government alters the business hours applicable to
				  a dispensary, the dispensary shall amend its operating plan and submit the
				  amended operating plan to the Department for approval within thirty (30) days
				  of the local government's action.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 20 - Employees › Section 35-11-20-100

Current through June 25, 2024
A dispensary may not employ anyone who has been convicted of
				  a disqualifying felony offense or is under the age of twenty-one (21). A
				  dispensary may not employ any individual who does not have a valid work
				  permit.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 20 - Employees › Section 35-11-20-102

Current through June 25, 2024
An individual will not be able to work at a dispensary until
				  after he or she receives a work permit and completes eight (8) hours of
				  continuing education relating to medical cannabis. Thereafter, it is the
				  individual's responsibility to annually complete five (5) hours of continuing
				  education relating to medical cannabis to maintain such certification. An
				  individual is required to renew his or her permit every five (5)
				  years.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 21 - Sales Limits › Section 35-11-21-100

Current through June 25, 2024
A cardholder may not receive more than six (6) MMCEU's from a
				  dispensary or combination of dispensaries during any rolling seven-day period.
				  "Rolling" shall be calculated by reviewing the previous six
				  days.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 21 - Sales Limits › Section 35-11-21-101

Current through June 25, 2024
A resident cardholder may not receive more than twenty-four
				  (24) MMCEU's during any rolling thirty-day period from a dispensary or a
				  combination of dispensaries. A nonresident cardholder may not receive more than
				  twelve (12) MMCEU's from a dispensary or a combination of dispensaries during
				  any rolling fifteen-day period. "Rolling" shall be calculated by reviewing the
				  previous twenty-nine day or fourteen-day period, as
				  applicable.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 21 - Sales Limits › Section 35-11-21-102

Current through June 25, 2024
A cardholder's patient card may indicate that the patient is
				  restricted to receiving an MMCEU amount less than the amounts stated in
				  Paragraphs 100 and 101 above. It may also indicate that the patient is
				  restricted to receiving medical cannabis products in certain forms. A
				  dispensary is required to restrict its sales to any such patient to match the
				  limitations set forth on the patient card.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 21 - Sales Limits › Section 35-11-21-103

Current through June 25, 2024
A dispensary is required to report to the Department the
				  identity of any individual who communicates the intent to divert cannabis
				  products to individuals who do not have cards, across state lines or to be
				  engaging in the unlicensed sale of cannabis. Such communication must be done as
				  soon as reasonably possible.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 21 - Sales Limits › Section 35-11-21-104

Current through June 25, 2024
A dispensary shall report any criminal activity of which it
				  is aware related to the unlicensed sale or diversion of cannabis, cannabis
				  products or cannabis plants. Failure to report such activity to the Department
				  may result in penalties up to and including license suspension, revocation, and
				  monetary fines.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 22 - Dispensing of Cannabis Products › Section 35-11-22-100

Current through June 25, 2024
Before a dispensary may sell cannabis products to a
				  cardholder, including resident cardholders, non-resident cardholders and
				  designated primary caregiver cardholders, the dispensary employee will:
1. Verify the validity of the patient card by
				scanning the card;
2. Verify that
				the amount of cannabis products the patient or the designated caregiver is
				requesting would not cause the patient to exceed the applicable MMCEU purchase
				and possession restrictions for cardholders or any applicable restrictions on
				the form of medical cannabis product that may be sold to the patient;
				and
3. Enter the following
				information into the electronic tracking system:
a. The number of the registry identification
				card of the patient or the name of the designated primary caregiver of the
				patient;
b. The amount, sale price,
				package identification number, and type of cannabis product
				dispensed;
c. Whether the cannabis
				product was dispensed to the patient or to the designated primary caregiver of
				the patient;
d. The date and time
				at which the cannabis product was dispensed;
e. The employee's work permit number;
				and
f. The license number of the
				dispensary.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 23 - Storage and Sale of Cannabis Products › Section 35-11-23-102

Current through June 25, 2024
A dispensary may only sell concentrated cannabis, edible
				  cannabis products and cannabis-infused products obtained from a facility for
				  the production of such products which holds a license issued by the Mississippi
				  Department of Health or from another dispensary licensed by the Department.
				  Each dispensary shall maintain a file which contains test results for any such
				  approved product at the dispensary and shall make the file available for review
				  upon request.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 24 - Prohibited Conduct › Section 35-11-24-100

Current through June 25, 2024
In addition to any other prohibitions and restrictions by
				  law, a dispensary must not:
1. Conduct
				any transaction without face-to-face verification of the purchaser's identity
				and cardholder status by scanning the registry identification card;
2. Sell cannabis product that has not passed
				mandatory testing as required by regulations issued by the Mississippi
				Department of Health;
3. Sell
				cannabis product that has not been purchased from a licensed cultivator,
				processor or dispensary;
4. Sell
				cannabis product that is not properly packaged or labeled in accordance with
				applicable rules or statutes;
5.
				Give away cannabis products, immature cannabis plants or cannabis
				seedlings;
6. Sell or give away:
a. Mature cannabis plants;
b. Food that does not contain cannabis
				intended for medical treatment; or
c. Any item that is not considered to be a
				cannabis product, equipment used for cannabis products, or related supplies and
				educational materials.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 25 - Records Required to Be Kept for Current Year and Three (3) Proceeding Calendar Years › Section 35-11-25-100

Current through June 25, 2024
The following records shall be maintained in physical and/or
				  electronic format for a minimum of three (3) years:
1. Records regarding the disposal of cannabis
				products.
2. General Business
				Records, including purchase and sales information.
3. Records of all required inventory
				reports.
4. Records of each
				transaction, including the amount of cannabis product dispensed, the amount of
				compensation received, and the registry identification number of the qualifying
				patient or designated caregiver.
5.
				Personnel Records.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 25 - Records Required to Be Kept for Current Year and Three (3) Proceeding Calendar Years › Section 35-11-25-101

Current through June 25, 2024
General Business Records shall include itemized invoices for
				  all cannabis products purchased, sales made, all bank statements and cancelled
				  checks, and all other books and accounts as may be necessary to determine the
				  financial position of the business. All itemized purchase invoices and tickets
				  shall bear the items purchased, the date of purchase, name of the seller and
				  purchaser. Cash register tapes may not be used in lieu of itemized invoices for
				  record purposes.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 25 - Records Required to Be Kept for Current Year and Three (3) Proceeding Calendar Years › Section 35-11-25-102

Current through June 25, 2024
All required records will be adequate in substance to conform
				  with generally accepted accounting practices. All records will be open for
				  examination by the Department during regular business hours.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 27 - Duty to Report › Section 35-11-27-100

Current through June 25, 2024
Each licensee employee is responsible to monitor for unusual
				  usage, or questionable disposition of medical cannabis. Each dispensary
				  employee, immediately upon discovery of any fraudulent or otherwise unlawful
				  recommendation, unusual usage or questionable disposition will notify the
				  Department.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 27 - Duty to Report › Section 35-11-27-102

Current through June 25, 2024
Cannabis product thefts or unexplained losses must be
				  reported to the Department in writing irrespective of whether the cannabis or
				  cannabis product is recovered and/or the responsible parties are identified and
				  action taken against them. Written reports must be provided to the Department
				  within 48 hours following the discovery of such theft or loss.
1. The written report must include:
a. The name, address, and license number of
				the dispensary;
b. The amount and
				type of cannabis product lost or stolen;
c. The circumstances surrounding the loss or
				theft;
d. The date the loss or
				theft was discovered;
e. The person
				who discovered the loss or theft;
f. The person responsible for the loss or
				theft if known; and
g. Any other
				information that the reporter believes might be helpful in establishing the
				cause of the loss or theft.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 28 - Schedule of Disciplinary Actions › Section 35-11-28-100

Current through June 25, 2024
In addition to any applicable criminal actions, the following
				  schedule shall be used when administratively disciplining dispensaries for
				  violating statutory and/or regulatory requirements. The Department reserves the
				  right to increase penalties based on aggravating circumstances. Graduating
				  penalties as a result of multiple violations within a given time period shall
				  be based on a rolling two-year period.
Violation
First Offense
Second Offense
Third Offense
Failure of an employee to possess an active work
								permit
$5,000
$10,000
$20,000 and one week suspension
Employment of someone under the age of 21 or with a
								disqualifying felony
$5,000
$10,000
$20,000 and one week suspension
Failure to assist Department during recall of
								product
$5,000
$10,000 and one week suspension
$20,000 and two week suspension
Failure to comply with approved security
								plan
$5,000
$10,000 and one week suspension
$20,000 and two week suspension
On-site use of cannabis or alcohol by
								employees
$5,000
$10,000 and one week suspension
$20,000 and two week suspension
On-site use of cannabis or alcohol by patient or
								nonemployee
$5,000
$10,000 and one week suspension
$20,000 and two week suspension
Permitting access to a noncardholder under the age
								of 21
$5,000
$10,000 and two week suspension
Revocation
Failure to sufficiently maintain
								records
$10,000
$10,000 and one week suspension
$20,000 and two week suspension
Extraction of THC on premises or possession, sale
								or storage of equipment that may be utilized for this purpose
$10,000
$20,000 and two week suspension
Revocation
Unlawful acquisition, transfer, purchase or sale of
								product unless otherwise listed
$10,000
$20,000 and two week suspension
Revocation
Sale in amounts exceeding applicable limits or
								type
$10,000
$20,000 and two week suspension
Revocation
Negligent failure to accurately track
								inventory
$5,000
$10,000 and one week suspension
$20,000 and two month suspension
Willful failure to accurately track
								inventory
$10,000 and one week suspension
$20,000 and two week suspension
Revocation
Falsification of records
$10,000 and one week suspension
$20,000 and two week suspension
Revocation
Sale to non-cardholder
$10,000 and one week suspension
$20,000 and two week suspension
Revocation
Refusal to permit access by ABC Agents as required
								by law
Two week Suspension
Revocation
Threat against law enforcement
Two week Suspension
Revocation
Opening a dispensary to patients during a license
								suspension period
Revocation
General Penalty if not specifically
								listed
$5,000
$10,000
$20,000 and one week suspension
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 29 - Appeal Process for Medical Cannabis Dispensaries › Section 35-11-29-100

Current through June 25, 2024
The Department may fine, suspend, or revoke a Medical
				  Cannabis Dispensary License at its discretion for a violation of the
				  Mississippi Medical Cannabis Act or any rules and regulations by the licensee
				  or any of its employees or agents. If a licensee wishes to appeal this
				  decision, the licensee shall file its administrative appeal within twenty (20)
				  days of receipt of the initial notice. The Review Board shall then conduct a
				  hearing on the record, at which time the burden shall be on the licensee to
				  prove that the Department's decision was:
1. Unsupported by substantial
				evidence;
2. Arbitrary or
				capricious;
3. Beyond the power of
				the administrative agency to make; or
4. Violated some statutory or constitutional
				right of the aggrieved party.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 29 - Appeal Process for Medical Cannabis Dispensaries › Section 35-11-29-101

Current through June 25, 2024
The Department shall provide its initial notice of
				  suspension, revocation, fine, or other sanction by personal delivery or mailing
				  by certified mail, signature required, to the medical cannabis dispensary at
				  the address on the registration certificate. If the licensee fails to appeal
				  the initial notice within the prescribed time, the decision becomes final and
				  cannot be further appealed.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 29 - Appeal Process for Medical Cannabis Dispensaries › Section 35-11-29-201

Current through June 25, 2024
A licensee that disagrees with an action taken by the
				  Department regarding a Medical Cannabis Dispensary License shall have the
				  option of requesting a hearing before the Review Board by filing an appeal.
				  This appeal must be submitted, in writing, to the Review Board within twenty
				  (20) days of receipt of the initial notice. A Review Board Appeal Petition,
				  which can be found on the Department's Website, may be used to make the
				  appeal.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 29 - Appeal Process for Medical Cannabis Dispensaries › Section 35-11-29-203

Current through June 25, 2024
A licensee or authorized representative will be notified of
				  the hearing by mail at the last known address. The last known address will be
				  the mailing address provided in the written request for appeal or any
				  subsequent address change notification to the Review Board. The hearing notice
				  will contain the time, place, and date of the hearing. Notice to the licensee's
				  authorized representative constitutes notice to the licensee.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 11 - Cannabis Dispensaries › Chapter 29 - Appeal Process for Medical Cannabis Dispensaries › Section 35-11-29-205

Current through June 25, 2024
When an appeal or other document is required to be filed
				  with the Review Board within any number of days, the day of the act, event, or
				  default from which the designated period of time begins to run shall not be
				  included. The last day of the period so computed shall be included unless it is
				  a Saturday, a Sunday, legal holiday, or any other day when the offices of the
				  Agency are in fact closed, with or without legal authority, in which event the
				  period runs until the end of the next day which is not a Saturday, a Sunday, a
				  legal holiday, or any other day when the office of the Agency is closed. Legal
				  holidays for the Agency are found at Miss. Code Ann. §
									3-3-7(1). Mailing
				  does not constitute filing, and the time period within which the appeal,
				  objection, or other document has to be filed is not extended because of
				  mailing.