Update on Medical Marijuana in Mississippi: Proposed Rules on Advertising, Marketing, Tracking & Labeling | Bradley Arant Boult Cummings LLP

Earlier this week, the Mississippi Department of Health (MSDH) released a second set of proposed rules and regulations, including Part 3 (advertising and marketing) and Part 4 (tracking and labeling). The MSDH published the proposed Subsection 1 (Product Safety / Laboratory Requirements) on March 30, 2021. Click here to view Bradley’s summary of these suggested sections.

Here are the highlights of the proposed Subsection 3 (Promotion and Marketing):

All licensed companies participating in the Mississippi Medical Marijuana Program are prohibited from advertising or marketing through the media or mass communication. Products cannot be displayed in shop windows or in public. Licensed companies can establish their brands by creating a website that contains general information necessary to care for qualified patients. Branding cannot target minors or other specific individuals or promote non-medicinal marijuana use. Licensed companies are prohibited from using incentives such as discounts, coupons, or similar sales promotions. It is permissible to conduct one-on-one meetings to educate individuals about the risks and benefits of medical marijuana.

Here are the highlights of the proposed Subsection 4 (Tracking and Labeling):

All medical marijuana and products must be packaged and labeled in accordance with regulations prior to distribution and sale. Treatment centers and pharmacies must document and dispose of all defective products in accordance with this ordinance. The regulation provides a list of requirements for packaging, including the fact that the packaging must minimize visual attractiveness for minors, contain certain warnings, not use product names, packaging or labels that are similar to food or candy, and not claim to be sanitary Can raise benefits. The regulation contains requirements for the construction of the container, including the fact that the container must be opaque, resealable and child-proof. The regulation provides a list of requirements for labeling, including certain information for retail products, plain writing, and information for main display boards. Labels and packaging for food containing marijuana products must also comply with existing requirements under state law. Packages must contain the Mississippi Universal Symbol. The regulation provides for separate labeling requirements for cultivators before they are sold to manufacturers. The regulation contains a list of warnings that must be visible at the point of sale in retail outlets. All licensed companies must use a seed-to-sale tracking system to document the retention chain of all products in real time. The regulation requires that all plants, plant materials, products and plant waste must be labeled with certain information about the licensed company and the plant or product. Growers, processors and pharmacies are required to provide the MSDH with a monthly inventory report to be sold through the seed sales tracking system.

The MSDH offers the public two opportunities to comment on the proposed regulations. First, the public can comment on the proposed rules and regulations through an online form found here. Second, a virtual hearing will be held on May 11, 2021 at 10:30 a.m. CST where the MSDH will discuss the proposed rules and regulations. You can find meeting details here.

Other proposed rules and regulations will follow shortly. Initiative 65 Section 5 (2) provides a list of nine categories for which the MSDH is expected to establish rules and regulations, including the issuance of ID cards and the use of medical marijuana in assisted living facilities and treatment center qualifications. You can find the full list here.