How to get a Mississippi dispensary license

February 4, 2022

Mississippi Governor Tate Reeves just signed the Mississippi Medical Cannabis Act into law, making it the 37th state to do so. The law is 445 pages long and can be found here.

Now that what appeared like a dream in Mississippi has become a reality, you might wonder what individuals and companies interested in entering this booming industry should do to best position themselves for success when applications open. Below, we go over some of the provisions of the new law that you should be aware of at this early point if you want to open a dispensary.

What is a Mississippi cannabis dispensary license?

Unlike the other types of licenses which must be issued by the state’s Department of Health, Mississippi cannabis dispensary licenses must be issued by the Mississippi Department of Revenue (MDOR).

A medical cannabis dispensary is defined by the act as an entity licensed and registered with the MDOR that acquires and sells, transfer, supplies of dispenses medical cannabis or related supplies to the state’s cardholders.

In this sense, a Mississippi cannabis dispensary license is a legal document that allows its holder to participate in the state’s industry as a retail store.

What is the application fee for a Mississippi dispensary license?

According to the Act:

A medical cannabis dispensary shall be subject to a one-time nonrefundable license application fee of Fifteen Thousand Dollars ($15,000.00). The annual license fee shall be a nonrefundable fee of Twenty-five Thousand Dollars ($25,000.00).

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Mississippi cannabis dispensary 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- Has not previously held a cannabis business license that has been revoked.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 these requirements, the act specifies that no medical cannabis dispensary in Mississippi can be located within a one-thousand-five-hundred-feet radius from the main point of entry of the dispensary to the main point of entry of another cannabis dispensary.

How to get a cannabis license in Mississippi

Any prospective medical cannabis establishment, according to the act, must submit all of the following requirements:

An application including all the requirements of Section 18.16.a
Standard operating procedures consistent with the desired type of license, including procedures to ensure accurate recordkeeping and adequate security measures.
If the municipality or county where the establishment would be located has enacted zoning restrictions, a sworn statement certifying that the establishment follows such restrictions.
If the municipality or county where the proposed medical cannabis establishment would be located requires a local registration, license, or permit, then proof of receiving such registration, license or permit.
If the application is on behalf of an entity, verification that none of the principal officers or board members have served as a principal officer or board member for a medical cannabis establishment that has had its license revoked.
If the application is on behalf of an entity, verification that none of the principal officers or board members is under twenty-one (21) years of age.

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.

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