Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 22 - Medical Cannabis Program › Subpart 3 - Medical Cannabis Establishment Licenses, Background Checks, and Work Permits › Section 15-22-3.4 - Licensure: Regular and Provisional

Current through June 25, 2024
3.4.1
				A license, issued by the Department, shall be obtained for each medical
				cannabis establishment prior to the commencement of any commercial cannabis
				activities authorized by this Part and the Mississippi Medical Cannabis Act.
				Activities outside of the authority granted to medical cannabis establishments
				by virtue of these rules, licensure and registration with the Department and
				the Mississippi Medical Cannabis Act may be considered suspected illegal
				activities and reported to proper authorities as such.
3.4.2 All operational medical cannabis
				establishments shall be currently licensed and registered by the Department and
				adhere to all regulations set forth by the Department.
3.4.3 To be licensed and registered by the
				Department, cannabis testing entities shall be accredited as defined in this
				Part.
3.4.4 To be licensed and
				registered by the Department, cannabis testing entities shall test at least one
				analyte required by the Department.
3.4.5 To maintain an active license and
				registration certificate, cannabis testing entities shall maintain
				accreditation, as defined in this Part.
3.4.6 Any loss of accreditation status by a
				cannabis testing entity will result in immediate revocation of the license and
				registration of the cannabis testing facility.
3.4.7 Any cannabis testing entity that has a
				license revoked for failure to maintain accreditation, as defined in this Part,
				may file a written petition to the Department to reinstate the cannabis testing
				entity's license once the cannabis testing entity submits proof of
				accreditation, as defined in this Part. A reinstatement of a license is
				required prior to the cannabis testing entity resuming cannabis testing
				operations.
3.4.8 A medical
				cannabis establishment shall not be within 1,000 feet of the nearest property
				boundary line of a school, church or child care facility that exists or has
				acquired necessary real property for the operation of such facility before the
				date of the medical cannabis establishment application unless the entity has
				received approval from the school, church or child care facility and received
				the applicable waiver from their licensing agency, provided that the main point
				of entry of the cannabis establishment is not located within five hundred (500)
				feet of the nearest property boundary line of any school, church or child care
				facility.
3.4.9 Regular Licensure.
				A license shall be issued for the specific business/entity identified on the
				application and is valid only for the owner, premises and name designated on
				the application and Department issued license and the location for which it is
				issued.
Upon issuance of a license, the licensee may begin
				  operations; provided that it may not commence cultivating, producing or
				  dispensing cannabis or cannabis products until it receives a written notice
				  authorizing commencement from the Department, following the Department's
				  initial inspection to determine compliance with this Part.
3.4.10 Provisional Licensure. Within its
				discretion, the Department may issue a provisional license when a temporary
				condition of non-compliance with the regulations contained in this Part exists.
				A provisional license shall be issued only if the Department is satisfied that
				preparations are being made to qualify for a regular license and that the
				health and safety of patients and the public will not be endangered. The
				Department identifies opportunities for diversion, such as a lack of
				plant/package tags and insufficient security measures, as dangers to the health
				and safety of patients and the public.
3.4.11 A provisional license may be issued
				when the following conditions exist:
A. Prior
				to the medical cannabis establishment's start date of operations and subsequent
				to meeting the licensure requirements for the development of all required
				standard operating procedures. The license issued under this provision shall be
				valid until the issuance of a regular license but shall generally not exceed
				four (4) months following date of issuance, whichever may be sooner.
B. When a temporary issue of non-compliance
				with these regulations exists that does not endanger the health and safety of
				patients and the public (at the discretion of the Department). The license
				issued under this provision shall be valid until the issues of non-compliance
				are remedied and evidence of compliance is submitted to the Department. The
				license issued under this provision shall be valid until the issuance of a
				regular license but shall generally not exceed four (4) months following date
				of issuance, whichever may be sooner.