Montgomery County Supervisors discussed the Mississippi Medical Cannabis Act with Rep. Lee Yancey during a regular meeting on Monday at the courthouse.
Yancey, who co-wrote the bill, provided details about the bill – also called the Medical Marijuana Law – to help board members decide if they would opt in or opt out of the programs associated with the act.
“We just wanted to put something in place on a limited basis that we could use to try and help relieve the pain and suffering of those whose only alternative at this point is opioids,” said Yancy in a phone call with the board.
Supervisors have until May 1 to make a decision. If they do not make a choice by the deadline, the county is automatically opted into the program.
On Feb. 2, Gov. Tate Reeves signed the bill to make medical marijuana legally available to patients, according to The National Law Review website.
During the supervisors’ meeting, Yancy said patients suffering from one of 28 “debilitating” diseases, including Cancer, AIDS, HIV, Multiple Sclerosis and ALS can get a medical marijuana card from the Mississippi Department of Health.
“We tried to make this where you really had to have something wrong with you in order to get it. You have to have a face-to-face visit with a practitioner. This would be a doctor, a nurse practitioner, optometrist or physician assistant. They would certify that you have one of those conditions and send you with a recommendation for a medical cannabis card. You take that card to the dispensary, and they would verify that you have that condition,” said Yancey.
Patients would be able to only purchase a limited amount, .75 ounces per week, three ounces per month, he said.
“Basically, you can’t use it until you get home. You can’t use it in any public place. You can’t use it in your car,” said Yancey.
A person who can get a medical cannabis card is called a qualifying patient, but many might be in hospice or a nursing home and are not able to go pick up their prescription, he said.
“There’s another card called designated caregiver. This person would be in charge of going and getting the medicine,” said Yancy. “They would have to pass a background check and also get a license from the Department of Health.”
Yancy and the board discussed the three programs in the Medical Marijuana Law, including cultivation, processing and dispensing.
The law allows for “a limited program that has cultivation facilities where they grow it. It’s got to be an enclosed and locked facility. It’s not opened to the public and [will be] licensed by the Department of Health,” said Yancey.
The processing facility turns the plants into a finished product, and dispensaries sell it, he said.
“The dispensaries are the only places that are opened to the public,” said Yancey.
He told the board they could choose to opt out of either of the programs or all of the programs.
If the county chooses to opt into the program, the products would fall under state tax rates, according to Yancy.
“[At the dispensary,] it’s taxed to the 7 percent rate. The same diversion that cities get on groceries, they would also get from this. There is also an excise tax of 5 percent collected at the cultivation and processing levels,” said Yancy.
Sheriff Jeff Tompkins asked Yancy what would be sold at dispensaries.
Yancey said three different of types cannabis would be available.
“One is flower, which is generally smoked. Some of it will be pre-rolled, and it’ll look like cigarettes. Some of it will be just the flower itself. The second kind is concentrated where it might be a cream or a lotion,” said Yancy.
He added the product will be sold in various forms to meet the needs of patients, who might suffer from nausea or seizures.
“There are droplets that go under your tongue,” said Yancy. “There are infused products in food like gummies or chocolates or even some types of beverages.”
In an effort to make sure patients receive the prescribed amount and producers generate the legal amount, tracking programs and regulations will be enforced by the Department of Health and the Department of Revue with the help of local law officials, Yancy said.
“There are three types of tracking programs with this. One is the ‘seed to sale’ tracking program that starts as soon as the seedling is planted. That tag would follow that plant all the way through the process until it’s either sold in a dispensary or it’s destroyed,” said Yancy.
Another tracking program is the verification program, where a patient’s card is scanned at a dispensary and their identification is validated with their driver’s license, he said.
“The third type of verification level is also at the dispensary. The prescription monitoring level – the same thing the pharmacies use to make sure you don’t go hoping from place to place to place, trying to use your card and getting more than the allowable amount,” said Yancy.
Board members and Attorney Alan “Devo” Lancaster asked about locations for dispensaries and cultivation in regards to zoning.
“The cultivators and processors can be in areas that are zoned agricultural, industrial, and they can be in commercial locations only by a vote by the supervisors and/or aldermen,” said Yancy. “Dispensaries can be in any place zoned commercial.”
He also addressed an ordinance and distance requirement question posed by Chancery Clerk Ryan Wood.
“[Dispensaries] cannot be within 1,000 feet of a school, church or daycare unless they get a waiver from the school, church or daycare, and then, they cannot be within 500 feet. So, 500 feet is the closest they can be with that group’s permission,” Yancy said. “They cannot be within 1,500 feet of each other – dispensaries.”
If the county chooses to opt out of the program completely, citizens can try to override the board’s decision by working with the Mississippi Cannabis Trade Association, Yancy said.
They would have to obtain 1,500 signatures or 20 percent of voters, which ever is less, to have the matter voted on within 60 days of the board’s decision.
