Mississippi.

_Information provided is current as of January 3, 2026, and companies are encouraged to consult with legal counsel on these types of complex matters.
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Mississippi - State Specific Information

Mississippi's approach to cannabis regulation presents unique challenges and opportunities for employers navigating the evolving landscape of workplace drug policies. Since legalizing medical cannabis in 2022, the state has maintained strict employment protections for businesses while creating pathways for patient access. Understanding these regulations is essential for HR professionals, business owners, and compliance officers operating within the Magnolia State.

Cannabis Legalization Status in Mississippi

Mississippi took a significant step forward in cannabis policy when it legalized medical marijuana through Senate Bill 2095 in 2022. This legislation established a comprehensive framework for patient access while preserving employer rights in the workplace.

Current Legal Status:

• Medical Use: Legalized in 2022 (SB 2095)
• Recreational Use: Not legal

It's important to note that while medical cannabis is permitted, Mississippi maintains one of the more conservative regulatory approaches in the country, particularly regarding employment matters.

Patient Possession and Purchase Limits

Mississippi uses a unique measurement system called Mississippi Medical Cannabis Equivalency Units (MMCEUs) to regulate patient purchases. Understanding these limits helps employers contextualize what registered patients are legally permitted to possess.

Weekly and Monthly Allowances

Registered patients in Mississippi can purchase:

• Weekly limit: Up to 6 MMCEUs (approximately 21 grams of flower)
• Monthly cap: 24 MMCEUs (approximately 3 ounces)

THC Potency Restrictions

Mississippi has implemented strict potency caps on cannabis products:

• Flower: Maximum 30% THC
• Concentrates and edibles: Maximum 60% THC

These potency limits are among the regulatory measures designed to balance patient access with public safety concerns.

Non-Resident Patient Access

Mississippi offers a pathway for visiting patients to access medical cannabis legally. Non-residents who hold a valid medical cannabis card from their home state can apply for a temporary 15-day Mississippi medical card. This provision accommodates travelers while maintaining regulatory oversight.

State Regulatory Agencies

Two primary agencies oversee Mississippi's medical cannabis program:

1. Mississippi State Department of Health (MSDH): Handles patient registration, licensing, and health-related regulatory matters
2. Mississippi Department of Revenue (MDOR): Manages tax collection and financial compliance for cannabis businesses

Employers seeking clarification on regulations should consult these agencies or work with legal counsel familiar with Mississippi's cannabis laws.

Workplace Drug Testing and Employment Policies

Mississippi's approach to cannabis in the workplace strongly favors employer rights. This section is critical for businesses developing or updating their drug-free workplace policies.

Zero-Tolerance State Status

Mississippi is classified as a strict zero-tolerance state regarding cannabis and employment. This designation carries significant implications:

• Employers are not required to accommodate medical cannabis use
• Companies may terminate employees for positive THC tests
• Businesses can refuse to hire applicants who test positive for THC
• These rights apply regardless of the individual's registered patient status

This means that even employees with valid medical cannabis cards have no employment protections related to their cannabis use in Mississippi.

Documentation Best Practices

While Mississippi law provides substantial latitude to employers, establishing robust documentation remains a key risk mitigant. Companies should:

• Maintain clear, written drug-free workplace policies
• Ensure consistent application of testing protocols
• Document all employment decisions related to drug testing
• Train supervisors on proper procedures and legal requirements

Safety-Sensitive Positions

Mississippi does not have a statewide statutory definition for safety-sensitive positions. However, employers should be aware of applicable federal guidelines.

Federal DOT Standards

The state follows federal Department of Transportation (DOT) rules for safety-sensitive classifications. Under DOT regulations, safety-sensitive positions are defined as jobs that directly impact:

• Public safety
• Transportation operations

Employers in transportation, aviation, rail, and other DOT-regulated industries must continue to comply with federal drug testing requirements, which prohibit cannabis use regardless of state law.

Ryan's Law: Terminal Patient Protections

A significant new regulation takes effect on July 1, 2026. House Bill 1034, known as Ryan's Law, introduces specific requirements for healthcare facilities.

Key Provisions

Ryan's Law mandates that:

• Hospitals must allow terminally ill patients to use medical cannabis
• Nursing homes must permit medical cannabis use by terminally ill residents
• Only non-smokable forms of cannabis are covered under this protection

Healthcare employers should prepare policies and staff training to ensure compliance with this new requirement.

Privacy Laws and Confidentiality Requirements

Mississippi law includes important privacy protections related to drug testing that all employers must observe.

Miss. Code § 71-7-15

Under this statute, Mississippi mandates strict confidentiality for all drug testing information. Protected information includes:

• Drug test reports
• Statements related to testing
• All test results

Employers must implement appropriate safeguards to protect this sensitive information and limit access to authorized personnel only. Violations of confidentiality requirements could expose companies to legal liability.

Compliance Recommendations for Employers

Given Mississippi's regulatory framework, employers should consider the following strategies:

Policy Development

1. Review and update drug-free workplace policies to reflect current law
2. Clearly communicate that medical cannabis cards do not provide workplace protections
3. Specify consequences for positive drug tests in employment agreements

Testing Protocols

1. Establish consistent testing procedures across the organization
2. Train HR personnel on proper documentation requirements
3. Ensure compliance with confidentiality mandates under state law

Legal Consultation

Given the complexity of cannabis-related employment law, companies are encouraged to consult with legal counsel when:

• Developing or revising drug testing policies
• Making employment decisions based on cannabis-related matters
• Addressing unique situations involving medical cannabis patients

Looking Ahead

Mississippi's cannabis laws continue to evolve, as evidenced by the upcoming implementation of Ryan's Law in July 2026. Employers should stay informed about legislative developments that could affect workplace policies.

While recreational cannabis remains illegal in Mississippi, the national trend toward broader legalization means businesses should be prepared for potential future changes. Maintaining flexible, well-documented policies will help organizations adapt as the regulatory landscape shifts.