RALNA Legislative Update May 11, 2021

The Mississippi Department of Health is developing regulations to implement the state’s medical marijuana program, including a specific regulation on the use of medical marijuana in long term care settings (including assisted living).

Under the proposed regulation, assisted living providers who facilitate the residents’ use of medical marijuana must be approved by the Department as a Caregiver Institution/Program and obtain a Caregiver Institution/Program Identified Card.

The proposed rule allows assisted living providers to adopt reasonable written requirements on the use of medical marijuana by their residents, including:

a. That the facility will not store or maintain the patient’s supply of medical marijuana;
b. That only the identified caregivers, with training required by the long-term care setting, are responsible for facilitating the use of medical marijuana by qualified patients;
c. That only physicians affiliated with the long-term care settings, either as employees or through a contractual relationship, can provide physician certification for individuals seeking to participate in the medical marijuana program;
d. That medical marijuana be consumed by a method other than smoking;
e. That medical marijuana be consumed only in place specified by the long-term care program; and,
f. That the long-term care settings have plans for safe administration and monitoring of residents/clients who use medical marijuana.

Assisted living providers would not be able to unreasonably limit a qualified resident’s access to or use of medical marijuana authorized unless failing to do so would cause the provider to lose a monetary or licensing-related benefit under federal law or regulations.

Timeline for adoption:

The first public comment period is closed. The Board will review the comments that were submitted and post the regulation for a second public comment period estimated to occur June 2 – 27, 2021.

The regulation and timeline can be found here.

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