Mississippi Marijuana Business Licenses
Status: In Mississippi, qualifying patients may use and possess medical cannabis. State licensed businesses may cultivate, process, dispense, and/or transport medical cannabis.
| CBD Program | Medical Program | Recreational Program | Are Applications Open? |
| Legal | Legal | Not legal | Closed |
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Number of Mississippi Marijuana Business Licenses Licenses Available
| Dispensaries | Cultivation | Manufacturing/Processing | Transportation |
| TBD | TBD | TBD | TBD |
You can read the full text of the Mississippi Marijuana Business Licenses law at: http://billstatus.ls.state.ms.us/documents/2022/pdf/SB/2001-2099/SB2095SG.pdf
Mississippi Medical Cannabis Program License Guidelines
SB 2095 establishes the following business licensing structure:
“Medical Cannabis Cultivation Facilities” – means a business entity licensed and registered by the Mississippi Department of Health that acquires, grows, cultivates and harvests medical cannabis in an indoor, enclosed, locked and secure area.
The cannabis cultivation facility license application fee shall be subject to the following tiers:
- Micro-cultivators
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- Tier 1. A cannabis cultivation facility with a canopy of 1,000 square feet or less shall be subject to a one-time nonrefundable license application fee of $1,500.00. The annual license fee shall be a nonrefundable fee of $2,000.00.
- Tier 2. A cannabis cultivation facility with a canopy of more than 1,000 square feet but not more than 2,000 square feet shall be subject to a one-time nonrefundable license application fee of $2,500.00. The annual license fee shall be a nonrefundable fee of $3,500.00.
- Cultivators
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- Tier 1. A cannabis cultivation facility with a canopy of not less than 2,000 square feet but not more than 5,000 square feet shall be subject to a one-time nonrefundable license application fee of $5,000.00. The annual license fee shall be a nonrefundable fee of $15,000.00.
- Tier 2. A cannabis cultivation facility with a canopy of not less than 5,000 square feet but not more than 15,000 square feet shall be subject to a one-time nonrefundable license application fee of $10,000.00. The annual license fee shall be a nonrefundable fee of $25,000.00.
- Tier 3. A cannabis cultivation facility with a canopy of not less than 15,000 square feet but not more than 30,000 square feet shall be subject to a one-time nonrefundable license application fee of $20,000.00. The annual license fee shall be a nonrefundable fee of $50,000.00.
- Tier 4. A cannabis cultivation facility with a canopy of not less than 30,000 square feet but not more than 60,000 square feet shall be subject to a one-time nonrefundable license application fee of $30,000.00. The annual license fee shall be a nonrefundable fee of $75,000.00.
- Tier 5. A cannabis cultivation facility with a canopy of not less than 60,000 square feet but not more than 100,000 square feet shall be subject to a one-time nonrefundable license application fee of $40,000.00. The annual license fee shall be a nonrefundable fee of $100,000.00.
- Tier 6. A cannabis cultivation facility with a canopy of 100,000 square feet or more shall be subject to a one-time nonrefundable license application fee of $60,000.00. The annual license fee shall be a nonrefundable fee of $150,000.00.
“Medical Cannabis Processor Facilities” – means a business entity that is licensed and registered by the Mississippi Department of Health that: acquires or intends to acquire cannabis from a cannabis cultivation facility, possesses cannabis with the intent to manufacture a cannabis product, manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract and sells or intends to sell a cannabis product to a medical cannabis dispensary, cannabis testing facility or cannabis research facility.
The cannabis processing facility license application fee shall be subject to the following tiers:
- Micro-processors
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- Tier 1. A cannabis processing facility which processes less than 2,000 pounds of dried biomass cannabis material annually shall be subject to a one-time nonrefundable license application fee of $2,000.00. The annual license fee shall be a nonrefundable fee of $3,500.00.
- Tier 2. A cannabis processing facility which processes not less than 2,000 pounds but less than 3,000 pounds of dried biomass cannabis material annually shall be subject to a one-time nonrefundable license application fee of $2,500.00. The annual license fee shall be a nonrefundable fee of $5,000.00.
- Processors
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- A cannabis processing facility which processes not less than 3,000 pounds of biomass cannabis material annually shall be subject to a one-time nonrefundable license application fee of $15,000.00. The annual license fee shall be a nonrefundable fee of $20,000.00.
“Medical Cannabis Dispensary” – means an entity licensed and registered with the MDOR that acquires, possesses, stores, transfers, sells, supplies or dispenses medical cannabis, equipment used for medical cannabis, or related supplies and educational materials to cardholders.
- A medical cannabis dispensary shall be subject to a one-time nonrefundable license application fee of $15,000.00. The annual license fee shall be a nonrefundable fee of $25,000.00.
“Cannabis Transportation Entity” – means an independent entity licensed and registered by the Mississippi Department of Health that is involved in the commercial transportation of medical cannabis.
- Cannabis transportation entities shall be subject to a one-time nonrefundable application fee of $5,000.00. The annual license fee shall be a nonrefundable fee of $7,500.00.
“Cannabis Disposal Entity” – means a business licensed and registered by the Mississippi Department of Health that is involved in the commercial disposal or destruction of medical cannabis.
- Cannabis disposal entities shall be subject to a one-time nonrefundable application fee of $5,000.00. The annual license fee shall be a nonrefundable fee of $7,500.00.
“Cannabis Testing Facility” – means an independent entity licensed and registered by the Mississippi Department of Health that analyzes the safety and potency of cannabis.
- Cannabis testing facilities shall be subject to a one-time nonrefundable application fee of $10,000.00 and an annual license fee of $15,000.00. A cannabis testing facility shall not employ an agent or employee who also is employed or has ownership at any other medical cannabis establishment.
“Cannabis Research Facility” – means a research facility at any university or college in this state or an independent entity licensed and registered by the Mississippi Department of Health pursuant to this chapter that acquires cannabis from cannabis cultivation facilities and cannabis processing facilities in order to research cannabis, develop best practices for specific medical conditions, develop medicines and provide commercial access for medical use.
- Cannabis research facilities shall be subject to a one-time nonrefundable application fee of $10,000.00 and an annual license fee of $15,000.00. A research facility at any university or college in this state shall be exempt from all fees imposed under this section.
Additional Information:
- There is no numerical cap on business licenses.
- No individual or business may have more than 10% ownership interest in more than the following: one cultivation license, one processing license, and up to four dispensaries.
- Applications for cultivation facilities, processing facilities, cannabis transportation entities, disposal entities, testing facilities and research facilities will be available 120 days after February 2, 2022, and licenses will be awarded one month after that.
- Applications for dispensaries will be available 150 days after February 2, 2022, with licenses awarded one month after that.
The state of Mississippi will soon begin accepting applications for medical cannabis businesses. To be proactive and begin preparing for the medical cannabis program, view our recommended resources below.
RECOMMENDED MISSISSIPPI MARIJUANA BUSINESS PLANS:
- Mississippi Application Guide & Checklist
- Marijuana Business Plan Package
- Business & Operations Plan Template
- Cultivation Plan Template
- Manufacturing/Processing Plan Template
- Environmental Plan Template
- Financial Plan Template
- Fire Safety Plan Template
- Inventory Control Plan Template
- Patient Education Plan Template
- Patient Recordkeeping Plan Template
- Product Safety Plan Template
- Security Plan Template
- Staffing Plan Template
- Suitability of Proposed Facility Plan Template
- Transportation Plan Template
The History of Mississippi Marijuana Business Licenses Marijuana
Mississippi Gov. Phil Bryant signed a limited medical marijuana bill also known as Harper Grace’s Law on April 17, 2014. The law allows for state residents suffering from a debilitating epileptic condition a legal protection for the use and possession of CBD oil, a marijuana extract. The law only allows for the National Center for Natural Products Research at the University of Mississippi to produce and the Department of Pharmacy Services at the University of Mississippi to dispense the CBD oil.
On November 30, 2017, the Mississippi Department of Health announced the addition of autism and obstructive sleep apnea to the state’s limited medical marijuana program. Starting July 1, 2018, patients who suffer from these conditions will be eligible to apply for the program.
A campaign group known as Mississippians for Compassionate Care proposed a 2020 ballot initiative to legalize a medical marijuana program in the state. Initiative 65 qualified for the November 2020 ballot and was filed with the Mississippi State Legislature on January 7, 2020. Proponents of the measure submitted more than 214,000 signatures in September, of which, 105,686 were found to be valid. To qualify for the ballot, 86,185 valid signatures were required.
The Mississippi State Legislature passed House Concurrent Resolution 39 as a legislative alternative to the initiative, which appeared on the ballot as Alternative 65A. The legislature’s alternative was less robust. It restricted smoking to only terminally ill patients and did not define qualifying conditions, tax rates, possession limits, or the licensing structure for a regulated dispensing system. Details would be decided by the legislature if voters passed it into law.
On November 3, 2020, Mississippi voters successfully legalized a medical cannabis program for the state. Measure 1 was split up into two parts for voters to respond to. The first question of whether Mississippi should allow medical marijuana passed with 66.84% voting in favor of legalization. The second question of whether Initiative No. 65 or Initiative No. 65A should be enacted the establish a medical cannabis program passed with 73.39% voting in favor of Initiative No. 65, the more comprehensive initiative backed by Mississippians for Compassionate Care.
However, on May 14, 2021, the Mississippi Supreme Court ruled in favor of a state mayor who filed a legal challenge against the voter-approved medical cannabis ballot measure, nullifying its certification by the Secretary of State. Therefore, a medical cannabis program is no longer being implemented in the state.
On January 26, 2022, the Mississippi Legislature approved the Mississippi Medical Cannabis Act, SB 2095, creating a medical cannabis program in the state. Gov. Tate Reeves signed the bill into law on February 2, 2022. The bill provides a middle ground between what citizens voted into law in 2020 and the extremely restricted approach many lawmakers were working toward. The Mississippi Department of Health will oversee the new industry and establish a nine-member advisory committee to make recommendations on issues such as patient access and safety.
Qualifying Medical Conditions:
- Cancer, Parkinson’s, Huntington’s, muscular dystrophy, glaucoma, spastic quadriplegia, HIV, AIDS, hepatitis, amyotrophic lateral sclerosis (ALS), Crohn’s, ulcerative colitis, sickle cell anemia, Alzheimer’s, agitation of dementia, PTSD, autism, pain refractory to opioid management, diabetic/peripheral neuropathy, spinal cord disease or severe injury.
- A chronic medical condition (or its treatment) that produces either cachexia or wasting, severe nausea, seizures, severe and persistent muscle spasms, or chronic pain defined as, “a pain state in which the cause of the pain cannot be removed or otherwise treated, and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts by a practitioner”.
- Conditions approved by the MDOH after a petition process.
Tentative Program Timeline:
- April 17, 2014 – Mississippi governor signed a limited medical marijuana bill, Harper Grace’s Law
- November 30, 2017 – the Mississippi Department of Health announced the addition of autism and obstructive sleep apnea to the state’s limited medical marijuana program
- July 1, 2018 – patients who suffer from the above conditions can now eligible to apply for the program
- September 5, 2019 – the campaign group submitted more than 105,000 signatures verified by local clerks to the Secretary of State to qualify it for the November 2020 ballot
- January 7, 2020 – the amendment qualified for the 2020 ballot and was filed with the Mississippi State Legislature
- November 3, 2020 – Voters passed Initiative 65, legalizing a medical marijuana program.
- July 1, 2021 – The department shall adopt final rules and regulations to govern the new program.
- August 15, 2021 – The department shall begin issuing identification cards and treatment center licenses.
- February 2, 2022 – Gov. Tate Reeves signed a bill to legalize medical cannabis in the state.
- June 1, 2022 – The state will begin accepting medical cannabis business applications for cultivation facilities, processing facilities, cannabis transportation entities, disposal entities, testing facilities, and research facilities.
- July 1, 2022 – The state will begin accepting medical cannabis business applications for dispensaries.