Mississippi cannabis cultivator license

Mississippi Cannabis Cultivator License

The Mississippi Medical Cannabis Act, as it is now known, is headed to Gov. Tate Reeves with supermajority approval in both the House and Senate. The House enacted a version of the act that slightly modified the altered version that the House sent back to the Senate on January 19, 2022, by a vote of 103-13. Gov. Reeves has the option of signing the bill into law, allowing it to sit for five days, after which it would become law, or vetoing the bill, which will almost certainly be overturned by the act’s supermajority support in both chambers of the legislature. Medical marijuana is officially legal in Mississippi, unless there is a dramatic turn of events in the near future.

A full version of the act, passed in the form of a conference committee report, is here.

The Mississippi Medical Cannabis Act, Senate Bill 2095, was a follow-up to the 2020 initiative and mostly followed its provisions, save for lowering the monthly purchase limit from five to four ounces. It was introduced in the Senate on January 11, enacted in that chamber on January 16, and passed with amendments in the state House on January 19. The measure was sent to a bicameral committee for reconciliation and was passed by the Senate 46–4 and the House 103–13 in a final vote on January 26, 2022, with enactment requiring the state governor’s signature as of January 2022.

Mississippi medical marijuana license types

The Mississippi Department of Health must issue licenses for the following license types:

  • Cultivator license
  • Processor license
  • Disposal license
  • Research facility license
  • Testing facility license

On the other hand, the Mississippi Department of Revenue must issue licenses for medical marijuana dispensaries.

Mississippi medical marijuana cultivator license tiers and application fees

The medical marijuana cultivation facility license is divided in micro-cultivators and cultivators, and these categories are divided in tiers in the following manner:

  • Micro-cultivators:
    • Tier 1: A cannabis cultivation facility with a canopy of one thousand (1,000) square feet or less shall be subject to a one-time nonrefundable license application fee of One Thousand Five Hundred Dollars ($1,500.00). The annual license fee shall be a nonrefundable fee of Two Thousand Dollars ($2,000.00).
    • Tier 2: A cannabis cultivation facility with a canopy of more than one thousand (1,000) square feet but not more than two thousand (2,000) square feet shall be subject to a one-time nonrefundable license application fee of Two Thousand Five Hundred Dollars ($2,500.00). The annual license fee shall be a nonrefundable fee of Three Thousand Five Hundred Dollars ($3,500.00).
  • Cultivators:
    • Tier 1: A cannabis cultivation facility with a canopy of not less than two thousand (2,000) square feet but not more than five thousand (5,000) square feet shall be subject to a one-time nonrefundable license application fee of Five Thousand Dollars ($5,000.00). The annual license fee shall be a nonrefundable fee of Fifteen Thousand Dollars ($15,000.00).
    • Tier 2: A cannabis cultivation facility with a canopy of not less than five thousand (5,000) square feet but not more than fifteen thousand (15,000) square feet shall be subject to a one-time nonrefundable license application fee of Ten Thousand Dollars ($10,000.00). The annual license fee shall be a nonrefundable fee of Twenty-five Thousand Dollars ($25,000.00).
    • Tier 3: A cannabis cultivation facility with a canopy of not less than fifteen thousand (15,000) square feet but not more than thirty thousand (30,000) square feet shall be subject to a one-time nonrefundable license application fee of Twenty Thousand Dollars ($20,000.00). The annual license fee shall be a nonrefundable fee of Fifty Thousand Dollars ($50,000.00).
    • Tier 4: A cannabis cultivation facility with a canopy of not less than thirty thousand (30,000) square feet but not more than sixty thousand (60,000) square feet shall be subject to a onetime nonrefundable license application fee of Thirty Thousand Dollars ($30,000.00). The annual license fee shall be a nonrefundable fee of Seventy-five Thousand Dollars ($75,000.00).
    • Tier 5: A cannabis cultivation facility with a canopy of not less than sixty thousand (60,000) square feet but not more than one hundred thousand (100,000) square feet shall be subject to a one-time nonrefundable license application fee of Forty Thousand Dollars ($40,000.00). The annual license fee shall be a nonrefundable fee of One Hundred Thousand Dollars ($100,000.00).
    • Tier 6: A cannabis cultivation facility with a canopy of one hundred thousand (100,000) square feet or more shall be subject to a one-time nonrefundable license application fee of Sixty Thousand Dollars ($60,000.00). The annual license fee shall be a nonrefundable fee of One Hundred Fifty Thousand Dollars ($150,000.00).

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Mississippi medical marijuana cultivator license requirements

People can apply as individuals or entities. All the license applicants must meet the minimum qualifications for a license, which are the following:

  • If the applicant applies as an individual, it must be an individual who:
    • Is at least 21 years old.
    • Has not previously held a cannabis business license that has been revoked.
    • Has not been convicted of a disqualifying felony offense.
    • If possessing a professional or occupational license, that the license is in good standing.
    • Has submitted a sworn statement indicating that he or she is a true and actual owner of the entity for which the license is desired, and that he or she intends to carry on the business authorized for himself or herself and the entity and not as the agent for any other entity.
    • Has no outstanding tax delinquencies owed to the State of Mississippi.
    • Is not serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022.
    • Is not the spouse of a person serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022.
  • If the applicant applies on behalf of an entity, the applicant shall:
    • Be legally authorized to submit an application on behalf of the entity.
    • Serve as the primary point of contact with the MDOR MDOH.
    • Submit sufficient proof that the entity has no owner, board member, officer, or anyone with an economic interest in the entity who:
      • Is under the age of 21.
      • Has previously held a cannabis business license that has been revoked.
      • Has been convicted of a disqualifying felony offense.
      • Owes delinquent taxes to the State of Mississippi.
      • Is serving as a member of the Mississippi Senate or Mississippi Senate or Mississippi House of Representatives through December 31, 2022.
      • Is the spouse of a person serving as a member of the Mississippi Senate or Mississippi House of Representatives through December 31, 2022.
    • Submit sufficient proof that if an owner, board member, officer or anyone with an economic interest in the entity has or had a professional or occupational license, that the license is in good standing.

Other than this, applicants for medical marijuana cultivation facility licenses must also meet additional criteria, by also submitting sufficient proof of the following:

  • If a natural person, proof that the person has been a resident of the State of Mississippi and a citizen of the United States of America for at least 3 years prior to the application date.
  • If a business entity, proof that at least 35% of the equity ownership interests in the entity are held by individuals who have been residents of the State of Mississippi and citizens of the United States of America for at least 3 consecutive years prior to the application date.

Finally, a micro-cultivator shall meet the minimum qualifications mentioned above, as well as additional criteria, by submitting sufficient proof of the following:

  • If a natural person, proof that the person has been a resident of the State of Mississippi and a citizen of the United States of America for at least 3 years prior to the application date.
  • If a business entity, provide proof that:
    • It was registered as an entity with the Secretary of State in Mississippi; and
    • 100% of the equity ownership interest in the entity are held by individuals who have been residents of the State of Mississippi and citizens of the United States of America for at least 3 consecutive years prior to the application date.

How to prove Mississippi residency

In accordance to the Mississippi Medical Cannabis Act, to prove Mississippi residency it would be sufficient for an individual to submit 2 of the following documents:

  • Mississippi Tax Return Form 80-105 or Form 80-205 for each of the three years preceding the application without schedules, worksheets, or attachments, and redacted to remove all financial information and all but the last 4 digits of the individual’s social security number for the 3 years preceding the application.
  • Ownership, lease, or rental documents for place of primary domicile for the 3 years preceding the application.
  • Vehicle registration for the 3 years preceding the application.

RELATED POST: How To Get a Medical Marijuana Business License in Mississippi

tom

tom

Licensed to practice since 2008, Thomas Howard has represented numerous financial institutions in litigation to enforce their security interests.
tom

tom

Licensed to practice since 2008, Thomas Howard has represented numerous financial institutions in litigation to enforce their security interests.

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