In May 2021, the Mississippi Supreme Court overturned IM 65, which the people voted for with a supermajority of 74 percent. This measure made medical cannabis legal for qualifying patients in the state. But, on a technicality, the court struck it down. Lawmakers quickly sprang into action writing their own bill similar to IM 65. Once they came to a compromise, they presented their draft to Governor Tate Reeves, R. He had said he would call for a special session. 

But the governor never called for a special session. Instead, Governor Reeves kept requesting changes. But when the amount of cannabis a patient could purchase was discussed, lawmakers pushed back against Reeve’s demands. Because Governor Reeves couldn’t come to an agreement with lawmakers, a special session never happened. 

Regular Legislative Session

The 2022 regular legislative session began on January 4 in Mississippi. And lawmakers wasted no time bringing SB 2095 forward. This would legalize medical cannabis similar to IM 65, which voters approved, but with a few more restrictions. 

Around two dozen medical conditions qualify for medical cannabis under SB 2095. These patients, after receiving a prescription from their doctor, can purchase up to 3.5 grams of cannabis a day from stated licensed dispensaries. They are limited to three ounces of cannabis a month. Smoking and vaping medical cannabis is allowed under SB 2095, which is something not many other states currently offer, such as Alabama. But patients can’t smoke or vape in public or in motor vehicles. That remains illegal. 

The Department of Health will oversee the medical cannabis market in Mississippi. They would issue patient cards, which will cost $25 a patient, as well as licenses for cultivators, distributors, transporters, and retailers. 

The Senate introduced the bill and passed it within a few days of introduction. When it moved to the House, a few amendments were added. After the House approved the bill with a supermajority of 60 percent of lawmakers in favor, SB 2095 returned to the Senate. Some adjustments were made and SB 2095 went to a bicameral conference committee for final approval before moving to Governor Reeves. 

Approval

Once SB 2095 moved to Governor Reeves, he had five days to sign the bill. If he didn’t, then SB 2095 would become a law without the governor’s signature. But Governor Reeves signed the bill on Wednesday February 2, the last day he had the chance. 

While not completely on board with the bill, Governor Reeves said he does appreciate all the work lawmakers put into the bill, bringing forth several different versions after each request he made. “There is no doubt that there are individuals in our state who could do significantly better if they had access to medically prescribed doses of cannabis,” the governor posted on social media. 

“There are also those who really want a recreational marijuana program that could lead to more people smoking and less people working, with all of the societal and family ills that that brings,” he added. 

Next Steps

The Department of Health now takes the reins when it comes to licensing. The application will open up in 120 days, with the first licenses issued one month after that. Dispensaries will begin in 150 days, with licenses coming one month after that. There is currently no limit to the number of licenses that can be issued, leaving the market open for both big and small businesses to operate. This means Mississippi could see their medical cannabis market open before the end of 2022. 

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