Cannabis Law: Safe and Secure Processing of Medical Marijuana in Mississippi

On May 7, 2021, the Mississippi Department of Health released proposed regulations on processing requirements for medical marijuana.

Record keeping
For record keeping, the proposed regulations state that all licensed entities must keep a copy of certain records onsite and easily accessible. These records can be in either paper or electronic form.

The following records must be maintained for at least five years from the date of creation:

1. Business records
2. Any documents related to the processing, preparation, transportation, sampling and/or testing of medical marijuana
3. Documentation of every instance in which medical marijuana was sold or transferred to/purchased/obtained from another licensed entity

Transaction and possession limits
Regarding medical marijuana transaction and possession limits, the proposed regulations state that a transaction for medical marijuana is limited to 2.5 ounces during a 14-day period. To keep track of the transactions, the dispensaries must verify the qualified patient’s name, unexpired license number or identification number, expiration date and photo identification.

Loss and theft
The proposed regulations also detail procedures for loss and theft at a licensed entity. If an entity believes loss, theft or diversion has occurred, the licensed entity is required to immediately notify the Mississippi Department of Health and law enforcement. The licensed entity must also provide a notice within 72 hours that details the estimated time, location and circumstances of the event.

On-premise regulations
The proposed regulations state that no one under the age of 18 may enter a medical marijuana-licensed premises unless the minor is accompanied by their parent/guardian. Moreover, the licensed premises may not allow consumption of medical marijuana on-site.

Site security
Regarding security, the proposed regulations state that access to the enclosed, locked facility must be limited to the licensed entity’s owners, board members and authorized personnel. In addition, the following security devices are required:

• Devices to detect intrusion
• Interior and/or exterior lighting
• Electronic monitoring

Video cameras must meet several requirements:

• Provide coverage of all entrances
• Show activity adjacent to or occurring in specific locations
• Have resolution of at least 704×480
• Show each point-of-sale location
• Provide coverage of each grow room

Cleaning and sanitation
The proposed regulations also give details on the requirements for cleaning and sanitation. First, these locations must be operated in a clean and sanitary environment to protect medical marijuana from contaminants. Waste must also be removed every 24 hours.

Transporting medical marijuana
For licensed entities responsible for transporting medical marijuana, the proposed regulations require all licensed entities to use an electronic inventory management system.

Licensed entities must also provide copies of the inventory manifests to each originating and receiving entity. These inventory manifests must contain a complete chain of custody of the medical marijuana. These manifests must be kept for at least three years.

Waste
Regarding medical marijuana waste, the proposed regulations state that marijuana products must be stored, managed, and disposed of by:

• Open burning
• Incineration
• Burying
• Mulching
• Composting
• Any other technique approved by the Mississippi Department of Health

The entity must keep a waste disposal log attesting to the lawful disposal of medical marijuana. These records must be kept for at least five years.