Cannabis Law: Mississippi Medical Marijuana Laboratories and Testing Facilities

On March 30, 2021, the Mississippi Department of Health filed the proposed regulations for the laboratory and testing facilities in the state’s medical marijuana program. These proposed regulations give insight to the requirements for these laboratories or testing facilities.

What is a testing facility?
A medical marijuana testing facility is defined by Mississippi regulations as any facility or entity that performs testing of medical marijuana and products. These facilities can acquire, possess, test and transport medical marijuana.

Mississippi medical marijuana testing facility requirements

Location
The regulations state that all testing facilities or laboratories must be physically located within the state of Mississippi.

Application requirements
There are several requirements for the testing facility or laboratory application. It must include:

• Information about the facility director
• Description of the organization and management of the facility
• List of testing methods used
• Management plan for key personnel
• Client information protection plan
• Policies regarding the receipt of samples
• Policy regarding legal chain of custody of product
• Reporting procedures
• Destruction policy
• Quality control criteria
• List of directors
• Ownership interest list
• Description of facilities and equipment
• Safety procedures

Ownership requirements
In order to own a testing facility or laboratory, an organization must be registered with the Mississippi Secretary of State as a cannabis-related business. The applicants must also submit:

• An attestation signed and dated by the owner that the owner has not been convicted of an excluded felony offense
• An attestation signed and dated by the owner that the owner does not have a direct or indirect familial or financial relationship with or interest in a medical marijuana treatment center/dispensary, related medical marijuana business entity or management company
• An attestation signed and dated by the owner that the independent medical marijuana testing facility will not test marijuana or marijuana products for a designated caregiver with whom the owner has a direct or indirect familial or financial relationship
• An attestation signed and dated by the owner pledging not to divert marijuana to any individual or entity that is not allowed to possess marijuana
• Mississippi driver’s license
• The owner’s fingerprints on a fingerprint card or a live scan print

Test results
In order to have proficient testing, the regulations state that the facility must have “satisfactory” test results regarding the analyte tested.

Operating procedures
These facilities must develop standard operating procedures regarding the facility’s method of obtaining the samples to be tested. The samples must be not less than 0.5% of the weight of the harvest batch, and they should not exceed 50 pounds.

Reliability
The testing facilities must also develop a quality assurance program to assure the reliability and validity of the data produced from said facility.

Inspections
Once a facility submits an application, the Mississippi Department of Health is allowed to enter and inspect the facility unannounced and to conduct proficiency testing.

Transportation
Medical marijuana must remain out of the public view during transit, be secured at all times, and be temperature-controlled.

Suspension
If a facility does not comply with these requirements, the Mississippi Department of Health may suspend the certification for said facility.

For more information on requirements for Mississippi medical marijuana laboratories and testing facilities, click here.