Pending

 

SUBSTITUTE NO 1 FOR AMENDMENT NO 1 PROPOSED TO

 

Senate Bill No. 2765

 

BY: Representative Lamar

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 


     SECTION 1.  The purpose of Sections 1 through 10 of this act is to ensure the availability of and safe access to medical marijuana for qualified persons with debilitating medical conditions.

     SECTION 2.  (1)  Except as otherwise provided for in Sections 1 through 10 of this act, a qualified patient or caregiver shall not be subject to criminal or civil sanctions for the use of medical marijuana, obtained from a medical marijuana treatment center, for a debilitating medical condition.

     (2)  Except as otherwise provided for in Sections 1 through 10 of this act, a physician shall not be subject to criminal or civil sanctions solely for issuing a physician certification to a person diagnosed with a debilitating medical condition.

     (3)  Except as otherwise provided for in Sections 1 through 10 of this act, a medical marijuana treatment center and its officers, owners, operators, employees, contractors, and agents shall not be subject to criminal or civil sanctions for processing medical marijuana in compliance with regulations prescribed by the department.

     SECTION 3.  (1)  Except as otherwise provided for in Sections 1 through 10 of this act, nothing in Sections 1 through 10 of this act shall:

          (a)  Affect or repeal laws relating to the use of marijuana that is not intended for use for a debilitating medical condition.

          (b)  Authorize the use of medical marijuana for anyone other than a qualified patient, and, where authorized by Sections 1 through 10 of this act, for caregivers and officers, owners, operators, employees, contractors, and agents of treatment centers.

          (c)  Permit a person to operate any motor vehicle, aircraft, train, or boat while consuming or impaired by medical marijuana.

          (d)  Require accommodation for the use of medical marijuana or require any on-site use of medical marijuana in any public or private correctional institution, detention facility, or place of education, or employment.

          (e)  Require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the use of medical marijuana.

          (f)  Override any public laws, ordinances, regulations, or rules or any private rules, regulations, or provisions related to smoking in or on public or private places.

          (g)  Affect any existing drug testing laws, regulations, or rules.

     (2)  It is unlawful for any person to smoke medical marijuana in a public place.  Any person who violates this subsection may, upon conviction, be punished by a fine of not more than One Hundred Dollars ($100.00).

     SECTION 4.  For purposes of Sections 1 through 10 of this act, the following terms shall have the following meanings:

          (a)  "Caregiver" shall mean a person who is at least twenty-one (21) years of age, who complies with the regulations prescribed by the department, and who assists with a qualified patient's use of medical marijuana.  The department may limit the number of qualified patients a caregiver may assist at any one (1) time.  A qualified patient may have more than one (1) caregiver.  A caregiver is prohibited from consuming medical marijuana provided for use by a qualified patient.

          (b)  "Criminal or civil sanctions" shall mean arrest; incarceration; prosecution; penalty; fine; sanction; the denial of any right, privilege, license, certification; and/or to be subject to disciplinary action by a licensing board or commission; and/or to be subject to seizure and/or forfeiture of assets pursuant to any Mississippi law, local ordinance, or board, commission, or agency regulation or rule.

          (c)  "Debilitating medical condition" shall mean cancer, epilepsy or other seizures, Parkinson's disease, Huntington's disease, muscular dystrophy, multiple sclerosis, cachexia, post-traumatic stress disorder, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, chronic or debilitating pain, amyotrophic lateral sclerosis, glaucoma, agitation of dementias, Crohn's disease, ulcerative colitis, sickle-cell anemia, autism with aggressive or self-injurious behaviors, pain refractory to appropriate opioid management, spinal cord disease or severe injury, intractable nausea, severe muscle spasticity, or another medical condition of the same kind or class to those herein enumerated and for which a physician believes the benefits of using medical marijuana would reasonably outweigh potential health risks.

          (d)  "Department" shall mean the Mississippi State Department of Health or its successor agency.

          (e)  "Medical marijuana" shall have the meanings given as of July 1, 2018, in Section 41-29-105(r) and/or Section 41-29-105(o), of the Mississippi Code of 1972, and which is used to treat the symptoms and/or effects of a debilitating medical condition as provided for in Sections 1 through 10 of this act.

          (f)  "Medical marijuana identification card" shall mean a document, prescribed by and issued by the department, which identifies a person as a qualified patient or caregiver or officer, owner, operator, employee, contractor, or agent of a medical marijuana treatment center.

          (g)  "Medical marijuana treatment center" shall mean an entity that is registered with and licensed and regulated by the department and that processes medical marijuana, related supplies, and/or educational materials.  A treatment center may engage in one or more of the activities involved in the processing of medical marijuana.

          (h)  "Physician" shall mean a person with a valid Doctor of Medicine or Doctor of Osteopathic Medicine degree and who holds an unrestricted license to practice medicine in the State of Mississippi by the Mississippi Board of Medical Licensure, or its successor agency.

          (i)  "Physician certification" shall mean a form approved by the department, signed and dated by a physician, certifying that a person suffers from a debilitating medical condition for which the use of medical marijuana may mitigate the symptoms and/or effects.  The certification shall remain current for twelve (12) months, unless the physician specifies a shorter period of time, and shall be issued only after an in-person examination of the patient in Mississippi.  A certification shall only be issued on behalf of a minor when the minor's parent or guardian is present and provides signed consent.  Nothing herein shall require a physician to issue a certification.

          (j)  "Process" shall mean to acquire, administer, compound, convert, cultivate, deliver, develop, disburse, dispense, distribute, grow, harvest, manufacture, package, possess, prepare, process, produce, propagate, research, sell, test, transport, or transfer medical marijuana or any related products such as foods, tinctures, aerosols, oils, or ointments.

"Qualified patient" shall mean a person who has been diagnosed with a debilitating medical condition and who has been issued a physician certification.

          (k)  "Use" shall mean the acquisition, possession, preparation, use or use with an accessory, delivery, transfer, or administration of medical marijuana by a qualified patient or caregiver.  For purposes of this paragraph, "accessory" shall have the meaning given in Section 41-29-105(v), Mississippi Code of 1972, as of July 1, 2018.

     SECTION 5.  (1)  The department shall implement, administer, and enforce the provisions of Sections 1 through 10 of this act and shall issue reasonable rules and regulations, pursuant to the Mississippi Administrative Procedures Act, in the discharge of its responsibilities.

     (2)  The department shall prescribe reasonable rules and regulations pursuant to this section that shall include, but not be limited to, tracking and labelling of medical marijuana; qualifications for and safe and secure processing of medical marijuana by medical marijuana treatment centers; restrictions on advertising and marketing; issuance of medical marijuana identification cards; standards for testing facilities; use of medical marijuana in nursing homes, hospices, and assisted living facilities; reciprocal agreements with other states for patients registered in medical marijuana programs; qualifications of and limitations on caregivers and officers, owners, operators, employees, contractors, and agents of treatment centers; implementation and operation of a statewide data base system to support the utilization of identification cards; and penalties for violations of Sections 1 through 10 of this act.

     (3)  The rules and regulations shall not limit the number of licensed medical marijuana treatment centers nor set the price of medical marijuana.

     (4)  The rules and regulations shall require the department to issue an identification card or a license for a treatment center within a reasonable time following an application for a card or license.

     (5)  The department shall issue a qualified patient a medical marijuana identification card upon presentation of a physician certification.  Such card shall be renewed, as applicable, upon presentation of a new physician certification, but in no case shall a card have an expiration term longer than twelve (12) months.  A qualified patient is authorized to receive medical marijuana from a treatment center upon presentation of his or her identification card.

     (6)  The department and medical marijuana treatment centers shall protect the confidentiality of all qualified patients.  All records containing the identity of qualified patients, caregivers, and physicians shall be confidential and exempt from disclosure under the Mississippi Public Records Act or any related statute, regulation, or rule pertaining to the public disclosure of records.

     (7)  The department may establish an advisory committee to assist the department in the promulgation of rules and regulations and the regulation and enforcement of the provisions of Sections 1 through 10 of this act.

     (8)  The department shall adopt final rules and regulations pursuant to Sections 1 through 10 of this act no later than July 1, 2021.  The department shall begin issuing identification cards and treatment center licenses no later than August 15, 2021.

     (9)  The department is authorized to adopt and levy administrative fines to enforce the provisions of Sections 1 through 10 of this act.  Payment of any fines shall be deposited in the special fund created by Section 6 of this act.

     (10)  The department is authorized to adopt and levy the following sanctions, singly or in combination, when it finds an applicant or licensee has committed any violation of Sections 1 through 10 of this act or department rules or regulations:  revoke or suspend a license, censure a licensee, impose a fine in an amount not to exceed Five Thousand Dollars ($5,000.00) for the first violation and an amount not to exceed Twenty-five Thousand Dollars ($25,000.00) for each subsequent violation, place a licensee on a probationary status, require the licensee to file regular reports and submit to reasonable requirements and restrictions, revoke probationary status of a licensee and impose other authorized sanctions, and refuse to issue or renew a license, restrict a license, or accept a voluntary surrendering of a license.  The department is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements of a licensee.  The notice and hearing requirements and judicial review provisions contained in Section 43-11-11, Mississippi Code of 1972, as of July 1, 2018, shall apply to the denial, suspension, or revocation of a license.

     SECTION 6.  There is created in the State Treasury a special fund which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund.  The department shall administer the fund and make expenditures from the fund upon appropriation by the Legislature for costs or other services or programs associated with Sections 1 through 10 of this act.  Fund balances shall not revert to the General Fund.  The department shall have the authority to utilize these special funds to escalate personnel positions in the department where needed, as non-state-service, to administer and enforce the provisions of Sections 1 through 10 of this act.

     SECTION 7.  A medical marijuana identification card issued pursuant to Sections 1 through 10 of this act shall serve to identify a person as a qualified patient or caregiver or officer, owner, operator, employee, contractor, or agent of a medical marijuana treatment center and thus exempt such person from criminal or civil sanctions for the conduct authorized by Sections 1 through 10 of this act.

     SECTION 8.  (1)  Medical marijuana treatment centers shall not provide to a qualified patient, during any one fourteen-day period, an amount of medical marijuana that exceeds two and five-tenths (2.5) ounces by weight.  At no one time shall a qualified patient possess more than two and five-tenths (2.5) ounces of medical marijuana.  The weight limitation herein shall not include any ingredients combined with medical marijuana to prepare edible products, topical products, ointments, oils, tinctures, or other products.

     (2)  Medical marijuana shall only be dispensed to a qualified patient or caregiver with a current medical marijuana identification card by a medical marijuana treatment center.

     (3)  All contracts under Sections 1 through 10 of this act and related to the operation of medical marijuana treatment centers shall be enforceable and rules applicable to other similar businesses by the Department of Revenue shall apply to medical marijuana treatment centers created pursuant to Sections 1 through 10 of this act.

     (4)  No medical marijuana treatment center shall be located within five hundred (500) feet of a pre-existing school, church, or licensed child care center.

     (5)  Except as otherwise provided in Sections 1 through 10 of this act, any zoning ordinances, regulations and/or provisions of a municipality or county shall be consistent with Sections 1 through 10 of this act and shall not impair the availability of and reasonable access to medical marijuana.  Zoning provisions applicable to retail dispensaries shall be no more restrictive than those for a licensed retail pharmacy and zoning provisions applicable to other businesses that fall within the definition of medical marijuana treatment centers shall be no more restrictive than other comparably sized and staffed lawful commercial or industrial businesses.

     SECTION 9.  No later than two (2) years from the implementation of Sections 1 through 10 of this act, and every two (2) years thereafter, the department shall provide to the Legislature a comprehensive public report of the operation of Sections 1 through 10 of this act.

     SECTION 10.  The provisions of Sections 1 through 10 of this act are declared to be severable, and if any provision, word, phrase, or clause of Sections 1 through 10 of this act or the application thereof shall be held invalid, such invalidity shall not affect the validity of the remaining portions of Sections 1 through 10 of this act.

     SECTION 11.  Section 41-29-125, Mississippi Code of 1972, is amended as follows:

     41-29-125.  (1)  The State Board of Pharmacy may promulgate rules and regulations relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state and the distribution and dispensing of controlled substances into this state from an out-of-state location.

          (a)  Every person who manufactures, distributes or dispenses any controlled substance within this state or who distributes or dispenses any controlled substance into this state from an out-of-state location, or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state or the distribution or dispensing of any controlled substance into this state from an out-of-state location, must obtain a registration issued by the State Board of Pharmacy, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing or the Mississippi Board of Veterinary Medicine, as appropriate, in accordance with its rules and the law of this state.  Such registration shall be obtained annually or biennially, as specified by the issuing board, and a reasonable fee may be charged by the issuing board for such registration.

          (b)  Persons registered by the State Board of Pharmacy, with the consent of the United States Drug Enforcement Administration and the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing or the Mississippi Board of Veterinary Medicine to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.

          (c)  The following persons need not register and may lawfully possess controlled substances under this article:

              (1)  An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment;

              (2)  A common or contract carrier or warehouse, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

              (3)  An ultimate user or a person in possession of any controlled substance pursuant to a valid prescription or in lawful possession of a Schedule V substance as defined in Section 41-29-121.

          (d)  The State Board of Pharmacy may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if it finds it consistent with the public health and safety.

          (e)  A separate registration is required at each principal place of business or professional practice where an applicant within the state manufactures, distributes or dispenses controlled substances and for each principal place of business or professional practice located out-of-state from which controlled substances are distributed or dispensed into the state.

          (f)  The State Board of Pharmacy, the Mississippi Bureau of Narcotics, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing and the Mississippi Board of Veterinary Medicine may inspect the establishment of a registrant or applicant for registration in accordance with the regulations of these agencies as approved by the board.

     (2)  Whenever a pharmacy ships, mails or delivers any Schedule II controlled substance listed in Section 41-29-115 to a private residence in this state, the pharmacy shall arrange with the entity that will actually deliver the controlled substance to a recipient in this state that the entity will:  (a) deliver the controlled substance only to a person who is eighteen (18) years of age or older; and (b) obtain the signature of that person before delivering the controlled substance.  The requirements of this subsection shall not apply to a pharmacy serving a nursing facility or to a pharmacy owned and/or operated by a hospital, nursing facility or clinic to which the general public does not have access to purchase pharmaceuticals on a retail basis.

     (3)  This section does not apply to any of the actions regarding the cultivation, manufacture, processing, sale, distribution, dispensing, purchase, possession, use and testing of medical marijuana that are lawful under Sections 1 through 10 of this act and in compliance with the implementing regulations adopted by the State Department of Health.

     SECTION 12.  Section 41-29-127, Mississippi Code of 1972, is amended as follows:

     41-29-127.  (a)  The State Board of Pharmacy shall register an applicant to manufacture or distribute controlled substances included in Sections 41-29-113 through 41-29-121 unless it determines that the issuance of that registration would be inconsistent with the public interest.  In determining the public interest, the State Board of Pharmacy shall consider the following factors:

          (1)  Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;

          (2)  Compliance with applicable state and local law;

          (3)  Any convictions of the applicant under any federal and state laws relating to any controlled substance;

          (4)  Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;

          (5)  Furnishing by the applicant of false or fraudulent material in any application filed under this article;

          (6)  Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and

          (7)  Any other factors relevant to and consistent with the public health and safety. 

     (b)  Registration under subsection (a) does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, other than those specified in the registration. 

     (c)  Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V, as set out in Sections 41-29-115 through 41-29-121, if they are authorized to dispense or conduct research under the law of this state.  The State Board of Pharmacy need not require separate registration under this section for practitioners engaging in research with nonnarcotic controlled substances in the said Schedules II through V where the registrant is already registered therein in another capacity.  Practitioners registered under federal law to conduct research with Schedule I substances, as set out in Section 41-29-113, may conduct research with Schedule I substances within this state upon furnishing the State Board of Health evidence of that federal registration. 

     (d)  Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this article.

     (e)  This section does not apply to any of the actions regarding the cultivation, manufacture, processing, sale, distribution, dispensing, purchase, possession, use and testing of medical marijuana that are lawful under Sections 1 through 10 of this act and in compliance with the implementing regulations adopted by the State Department of Health.

     SECTION 13.  Section 41-29-136, Mississippi Code of 1972, is amended as follows:

     41-29-136.  (1)  "CBD solution" means a pharmaceutical preparation consisting of processed cannabis plant extract in oil or other suitable vehicle.

     (2)  (a)  CBD solution prepared from (i) Cannabis plant extract that is provided by the National Center for Natural Products Research at the University of Mississippi under appropriate federal and state regulatory approvals, or (ii) Cannabis extract from hemp produced pursuant to Sections 69-25-201 through 69-25-221, which is prepared and tested to meet compliance with regulatory specifications, may be dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center (UMMC Pharmacy) after mixing the extract with a suitable vehicle.  The CBD solution may be prepared by the UMMC Pharmacy or by another pharmacy or laboratory in the state under appropriate federal and state regulatory approvals and registrations.

          (b)  The patient or the patient's parent, guardian or custodian must execute a hold-harmless agreement that releases from liability the state and any division, agency, institution or employee thereof involved in the research, cultivation, processing, formulating, dispensing, prescribing or administration of CBD solution obtained from entities authorized under this section to produce or possess cannabidiol for research under appropriate federal and state regulatory approvals and registrations.

          (c)  The National Center for Natural Products Research at the University of Mississippi and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are the only entities authorized to produce cannabis plants for cannabidiol research.

          (d)  Research of CBD solution under this section must comply with the provisions of Section 41-29-125 regarding lawful possession of controlled substances, of Section 41-29-137 regarding record-keeping requirements relative to the dispensing, use or administration of controlled substances, and of Section 41-29-133 regarding inventory requirements, insofar as they are applicable.  Authorized entities may enter into public-private partnerships to facilitate research.

     (3)  (a)  In a prosecution for the unlawful possession of marijuana under the laws of this state, it is an affirmative and complete defense to prosecution that:

              (i)  The defendant suffered from a debilitating epileptic condition or related illness and the use or possession of CBD solution was pursuant to the order of a physician as authorized under this section; or

              (ii)  The defendant is the parent, guardian or custodian of an individual who suffered from a debilitating epileptic condition or related illness and the use or possession of CBD solution was pursuant to the order of a physician as authorized under this section.

          (b)  An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from the home based solely upon the possession or use of CBD solution by the child or parent, guardian or custodian of the child as authorized under this section.

          (c)  An employee of the state or any division, agency, institution thereof involved in the research, cultivation, processing, formulation, dispensing, prescribing or administration of CBD solution shall not be subject to prosecution for unlawful possession, use, distribution or prescription of marijuana under the laws of this state for activities arising from or related to the use of CBD solution in the treatment of individuals diagnosed with a debilitating epileptic condition.

     (4)  This section does not apply to any of the actions regarding the cultivation, manufacture, processing, sale, distribution, dispensing, purchase, possession, use and testing of medical marijuana that are lawful under Sections 1 through 10 of this act and in compliance with the implementing regulations adopted by the State Department of Health.

     (5)  This section shall be known as "Harper Grace's Law."

     ( * * *56)  This section shall stand repealed from and after July 1, 2021.

     SECTION 14.  Section 41-29-137, Mississippi Code of 1972, is amended as follows:

     41-29-137.  (a)  (1)  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II, as set out in Section 41-29-115, may be dispensed without the written valid prescription of a practitioner.  A practitioner shall keep a record of all controlled substances in Schedule I, II and III administered, dispensed or professionally used by him otherwise than by prescription.

          (2)  In emergency situations, as defined by rule of the State Board of Pharmacy, Schedule II drugs may be dispensed upon the oral valid prescription of a practitioner, reduced promptly to writing and filed by the pharmacy.  Prescriptions shall be retained in conformity with the requirements of Section 41-29-133.  No prescription for a Schedule II substance may be refilled unless renewed by prescription issued by a licensed medical doctor.

     (b)  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV, as set out in Sections 41-29-117 and 41-29-119, shall not be dispensed without a written or oral valid prescription of a practitioner.  The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.

     (c)  A controlled substance included in Schedule V, as set out in Section 41-29-121, shall not be distributed or dispensed other than for a medical purpose.

     (d)  An optometrist certified to prescribe and use therapeutic pharmaceutical agents under Sections 73-19-153 through 73-19-165 shall be authorized to prescribe oral analgesic controlled substances in Schedule IV or V, as pertains to treatment and management of eye disease by written prescription only.

     (e)  Administration by injection of any pharmaceutical product authorized in this section is expressly prohibited except when dispensed directly by a practitioner other than a pharmacy.

     (f)  (1)  For the purposes of this article, Title 73, Chapter 21, and Title 73, Chapter 25, Mississippi Code of 1972, as it pertains to prescriptions for controlled substances, a "valid prescription" means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by:

              (A)  A practitioner who has conducted at least one (1) in-person medical evaluation of the patient, except as otherwise authorized by Section 41-29-137.1 through June 30, 2021; or

              (B)  A covering practitioner.

          (2)  (A)  "In-person medical evaluation" means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals.

              (B)  "Covering practitioner" means a practitioner who conducts a medical evaluation other than an in-person medical evaluation at the request of a practitioner who has conducted at least one (1) in-person medical evaluation of the patient or an evaluation of the patient through the practice of telemedicine within the previous twenty-four (24) months and who is temporarily unavailable to conduct the evaluation of the patient.

          (3)  A prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire is not a valid prescription.

          (4)  Nothing in this subsection (f) shall apply to:

              (A)  A prescription issued by a practitioner engaged in the practice of telemedicine as authorized under state or federal law; or

              (B)  The dispensing or selling of a controlled substance pursuant to practices as determined by the United States Attorney General by regulation.

     (g)  This section does not apply to any of the actions regarding the cultivation, manufacture, processing, sale, distribution, dispensing, purchase, possession, use and testing of medical marijuana that are lawful under Sections 1 through 10 of this act and in compliance with the implementing regulations adopted by the State Department of Health.

     SECTION 15.  Section 41-29-139, Mississippi Code of 1972, is amended as follows:

     41-29-139.  (a)  Transfer and possession with intent to transfer.  Except as authorized by this article, it is unlawful for any person knowingly or intentionally:

          (1)  To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or

          (2)  To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance.

     (b)  Punishment for transfer and possession with intent to transfer.  Except as otherwise provided in Section 41-29-142, any person who violates subsection (a) of this section shall be, if convicted, sentenced as follows:

          (1)  For controlled substances classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, other than marijuana or synthetic cannabinoids:

              (A)  If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

              (B)  If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

              (C)  If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than five (5) years nor more than thirty (30) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.

          (2)  (A)  For marijuana:

                   1.  If thirty (30) grams or less, by imprisonment for not more than three (3) years or a fine of not more than Three Thousand Dollars ($3,000.00), or both;

                   2.  If more than thirty (30) grams but less than two hundred fifty (250) grams, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

                   3.  If two hundred fifty (250) or more grams but less than five hundred (500) grams, by imprisonment for not less than three (3) years nor more than ten (10) years or a fine of not more than Fifteen Thousand Dollars ($15,000.00), or both;

                   4.  If five hundred (500) or more grams but less than one (1) kilogram, by imprisonment for not less than five (5) years nor more than twenty (20) years or a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.

              (B)  For synthetic cannabinoids:

                   1.  If ten (10) grams or less, by imprisonment for not more than three (3) years or a fine of not more than Three Thousand Dollars ($3,000.00), or both;

                   2.  If more than ten (10) grams but less than twenty (20) grams, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

                   3.  If twenty (20) or more grams but less than forty (40) grams, by imprisonment for not less than three (3) years nor more than ten (10) years or a fine of not more than Fifteen Thousand Dollars ($15,000.00), or both;

                   4.  If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than five (5) years nor more than twenty (20) years or a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.

          (3)  For controlled substances classified in Schedules III and IV, as set out in Sections 41-29-117 and 41-29-119:

              (A)  If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

              (B)  If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;

              (C)  If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not more than fifteen (15) years or a fine of not more than One Hundred Thousand Dollars ($100,000.00), or both;

              (D)  If thirty (30) or more grams or forty (40) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

          (4)  For controlled substances classified in Schedule V, as set out in Section 41-29-121:

              (A)  If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than one (1) year or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

              (B)  If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;

              (C)  If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not more than ten (10) years or a fine of not more than Twenty Thousand Dollars ($20,000.00), or both;

              (D)  For thirty (30) or more grams or forty (40) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not more than fifteen (15) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

     (c)  Simple possession.  Except as otherwise provided under subsection (i) of this section for lawful purchases made in accordance with Sections 1 through 10 of this act, it is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article.  The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marijuana or synthetic cannabinoids, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate:

     "Dosage unit (d.u.)" means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter.  In the case of lysergic acid diethylamide (LSD) the term, "dosage unit" means a stamp, square, dot, microdot, tablet or capsule of a controlled substance.

     For any controlled substance that does not fall within the definition of the term "dosage unit," the penalties shall be based upon the weight of the controlled substance.

     The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance.

     If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment.

      A person shall be charged and sentenced as follows for a violation of this subsection with respect to:

          (1)  A controlled substance classified in Schedule I or II, except marijuana and synthetic cannabinoids:

              (A)  If less than one-tenth (0.1) gram or two (2) dosage units, the violation is a misdemeanor and punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both.

              (B)  If one-tenth (0.1) gram or more or two (2) or more dosage units, but less than two (2) grams or ten (10) dosage units, by imprisonment for not more than three (3) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

              (C)  If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

              (D)  If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.

          (2)  (A)  Marijuana and synthetic cannabinoids:

                   1.  If thirty (30) grams or less of marijuana or ten (10) grams or less of synthetic cannabinoids, by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00).  The provisions of this paragraph (2)(A) may be enforceable by summons if the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons.  A second conviction under this section within two (2) years is a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00), not more than sixty (60) days in the county jail, and mandatory participation in a drug education program approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that a drug education program is inappropriate.  A third or subsequent conviction under this paragraph (2)(A) within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) and confinement for not more than six (6) months in the county jail.

     Upon a first or second conviction under this paragraph (2)(A), the courts shall forward a report of the conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction.  The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this paragraph (2)(A) and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;

                   2.  Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams of marijuana or not more than ten (10) grams of synthetic cannabinoids is guilty of a misdemeanor and, upon conviction, may be fined not more than One Thousand Dollars ($1,000.00) or confined for not more than ninety (90) days in the county jail, or both.  For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk.  A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers;

              (B)  Marijuana:

                   1.  If more than thirty (30) grams but less than two hundred fifty (250) grams, by a fine of not more than One Thousand Dollars ($1,000.00), or confinement in the county jail for not more than one (1) year, or both; or by a fine of not more than Three Thousand Dollars ($3,000.00), or imprisonment in the custody of the Department of Corrections for not more than three (3) years, or both;

                   2.  If two hundred fifty (250) or more grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;

                   3.  If five hundred (500) or more grams but less than one (1) kilogram, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both;

                   4.  If one (1) kilogram or more but less than five (5) kilograms, by imprisonment for not less than six (6) years nor more than twenty-four (24) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both;

                   5.  If five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years or a fine of not more than One Million Dollars ($1,000,000.00), or both.

              (C)  Synthetic cannabinoids:

                   1.  If more than ten (10) grams but less than twenty (20) grams, by a fine of not more than One Thousand Dollars ($1,000.00), or confinement in the county jail for not more than one (1) year, or both; or by a fine of not more than Three Thousand Dollars ($3,000.00), or imprisonment in the custody of the Department of Corrections for not more than three (3) years, or both;

                   2.  If twenty (20) or more grams but less than forty (40) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;

                   3.  If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both;

                   4.  If two hundred (200) or more grams, by imprisonment for not less than six (6) years nor more than twenty-four (24) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.

          (3)  A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:

              (A)  If less than fifty (50) grams or less than one hundred (100) dosage units, the offense is a misdemeanor and punishable by not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both.

              (B)  If fifty (50) or more grams or one hundred (100) or more dosage units, but less than one hundred fifty (150) grams or five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

              (C)  If one hundred fifty (150) or more grams or five hundred (500) or more dosage units, but less than three hundred (300) grams or one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.

              (D)  If three hundred (300) or more grams or one thousand (1,000) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.

     (d)  Paraphernalia.  (1)  Except as otherwise provided under subsection (i) of this section for lawful purchases made in accordance with Sections 1 through 10 of this act, it is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law.  Any person who violates this subsection (d)(1) is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of thirty (30) grams or less of marijuana under subsection (c)(2)(A) of this section.

          (2)  It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law.  Except as provided in subsection (d)(3), a person who violates this subsection (d)(2) is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.

          (3)  Any person eighteen (18) years of age or over who violates subsection (d)(2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.

          (4)  It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia.  Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.

     (e)  It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss.  Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.

     (f)  Trafficking.  (1)  Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than ten (10) years nor more than forty (40) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00).  The ten-year mandatory sentence shall not be reduced or suspended.  The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding.

          (2)  "Trafficking in controlled substances" as used herein means:

              (A)  A violation of subsection (a) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids;

              (B)  A violation of subsection (a) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance;

              (C)  A violation of subsection (c) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids;

              (D)  A violation of subsection (c) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance; or

              (E)  A violation of subsection (a) of this section involving one (1) kilogram or more of marijuana or two hundred (200) grams or more of synthetic cannabinoids.

     (g)  Aggravated trafficking.  Any person trafficking in Schedule I or II controlled substances, except marijuana and synthetic cannabinoids, of two hundred (200) grams or more shall be guilty of aggravated trafficking and, upon conviction, shall be sentenced to a term of not less than twenty-five (25) years nor more than life in prison and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00).  The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended.  The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding.

     (h)  Sentence mitigation.  (1)  Notwithstanding any provision of this section, a person who has been convicted of an offense under this section that requires the judge to impose a prison sentence which cannot be suspended or reduced and is ineligible for probation or parole may, at the discretion of the court, receive a sentence of imprisonment that is no less than twenty-five percent (25%) of the sentence prescribed by the applicable statute.  In considering whether to apply the departure from the sentence prescribed, the court shall conclude that:

              (A)  The offender was not a leader of the criminal enterprise;

              (B)  The offender did not use violence or a weapon during the crime;

              (C)  The offense did not result in a death or serious bodily injury of a person not a party to the criminal enterprise; and

              (D)  The interests of justice are not served by the imposition of the prescribed mandatory sentence.

     The court may also consider whether information and assistance were furnished to a law enforcement agency, or its designee, which, in the opinion of the trial judge, objectively should or would have aided in the arrest or prosecution of others who violate this subsection.  The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished.

          (2)  If the court reduces the prescribed sentence pursuant to this subsection, it must specify on the record the circumstances warranting the departure.

     (i)  This section does not apply to any of the actions regarding the cultivation, manufacture, processing, sale, distribution, dispensing, purchase, possession, use and testing of medical marijuana that are lawful under Sections 1 through 10 of this act and in compliance with the implementing regulations adopted by the State Department of Health.

     SECTION 16.  Section 41-29-141, Mississippi Code of 1972, is amended as follows:

     41-29-141.  It is unlawful for any person:

          (1)  Who is subject to Section 41-29-125 to distribute or dispense a controlled substance in violation of Section 41-29-137;

          (2)  Who is a registrant under Section 41-29-125 to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;

          (3)  To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this article;

          (4)  To refuse a lawful entry into any premises for any inspection authorized by this article; or

          (5)  Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this article for the purpose of using these substances, or which is used for keeping or selling them in violation of this article. 

     Any person who violates this section shall, with respect to such violation, be subject to a civil penalty payable to the State of Mississippi of not more than Twenty-five Thousand Dollars ($25,000.00). 

     In addition to the civil penalty provided in the preceding paragraph, any person who knowingly or intentionally violates this section shall be guilty of a crime and upon conviction thereof may be confined for a period of not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00), or both.

     This section does not apply to any of the actions regarding the cultivation, manufacture, processing, sale, distribution, dispensing, purchase, possession, use and testing of medical marijuana that are lawful under Sections 1 through 10 of this act and in compliance with the implementing regulations adopted by the State Department of Health.

     SECTION 17.  Section 41-29-143, Mississippi Code of 1972, is amended as follows:

     41-29-143.  It is unlawful for any person knowingly or intentionally:

          (1)  To distribute as a registrant a controlled substance classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, except pursuant to an order form as required by Section 41-29-135;

          (2)  To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person * * *.; 

          (3)  To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article; or

          (4)  To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance. 

     Any person who violates this section is guilty of a crime and upon conviction may be confined for not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00) or both.

     This section does not apply to any of the actions regarding the cultivation, manufacture, processing, sale, distribution, dispensing, purchase, possession, use and testing of medical marijuana that are lawful under Sections 1 through 10 of this act and in compliance with the implementing regulations adopted by the State Department of Health.

     SECTION 18.  This act shall take effect and be in force from and after its passage.


     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 


     AN ACT TO AUTHORIZE MEDICAL MARIJUANA FOR QUALIFIED PERSONS WITH DEBILITATING MEDICAL CONDITIONS; TO STATE THE PURPOSE OF THIS ACT; TO PROVIDE THAT CERTAIN ACTIONS RELATING TO MEDICAL MARIJUANA SHALL NOT BE SUBJECT TO CIVIL OR CRIMINAL SANCTIONS; TO PROVIDE THAT THIS ACT DOES NOT APPLY TO CERTAIN SITUATIONS AND ACTIVITIES; TO PROVIDE THAT IT IS UNLAWFUL TO SMOKE MEDICAL MARIJUANA IN A PUBLIC PLACE; TO DEFINE CERTAIN TERMS FOR THE PURPOSE OF THIS ACT; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL ADMINISTER THE PROVISIONS OF THIS ACT; TO DIRECT THE DEPARTMENT TO PRESCRIBE RULES AND REGULATIONS ADDRESSING CERTAIN MATTERS RELATING TO MEDICAL MARIJUANA; TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE IDENTIFICATION CARDS TO QUALIFIED PATIENTS UPON PRESENTATION OF A PHYSICIAN CERTIFICATION; TO PROVIDE THAT QUALIFIED PATIENTS ARE AUTHORIZED TO RECEIVE MEDICAL MARIJUANA FROM TREATMENT CENTERS UPON PRESENTATION OF THEIR IDENTIFICATION CARD; TO DIRECT THE DEPARTMENT TO ADOPT FINAL RULES AND REGULATIONS NOT LATER THAN JULY 1, 2021, AND BEGIN ISSUING IDENTIFICATION CARDS AND TREATMENT CENTER LICENSES NOT LATER THAN AUGUST 15, 2021; TO AUTHORIZE THE DEPARTMENT TO ADOPT AND LEVY ADMINISTRATIVE FINES TO ENFORCE THE PROVISIONS OF THIS ACT; TO CREATE A SPECIAL FUND IN THE STATE TREASURY, WHICH SHALL BE ADMINISTERED BY THE DEPARTMENT; TO PROVIDE THAT THE DEPARTMENT MAY MAKE EXPENDITURES FROM THE FUND UPON APPROPRIATION BY THE LEGISLATURE FOR COSTS OR OTHER SERVICES OR PROGRAMS ASSOCIATED WITH THIS ACT; TO PROVIDE THAT MEDICAL MARIJUANA TREATMENT CENTERS SHALL NOT PROVIDE TO A QUALIFIED PATIENT, DURING ANY ONE FOURTEEN-DAY PERIOD, AN AMOUNT OF MEDICAL MARIJUANA THAT EXCEEDS TWO AND FIVE-TENTHS OUNCES BY WEIGHT; TO PROVIDE THAT AT NO ONE TIME SHALL A QUALIFIED PATIENT POSSESS MORE THAN TWO AND FIVE-TENTHS OUNCES OF MEDICAL MARIJUANA; TO PROVIDE THAT MEDICAL MARIJUANA SHALL ONLY BE DISPENSED TO A QUALIFIED PATIENT OR CAREGIVER WITH A CURRENT MEDICAL MARIJUANA IDENTIFICATION CARD BY A MEDICAL MARIJUANA TREATMENT CENTER; TO PROVIDE THAT NO MEDICAL MARIJUANA TREATMENT CENTER SHALL BE LOCATED WITHIN FIVE HUNDRED FEET OF A PRE-EXISTING SCHOOL, CHURCH OR LICENSED CHILD CARE CENTER; TO PROVIDE THAT ANY ZONING ORDINANCES, REGULATIONS AND/OR PROVISIONS OF A MUNICIPALITY OR COUNTY SHALL BE CONSISTENT WITH THIS ACT AND SHALL NOT IMPAIR THE AVAILABILITY OF AND REASONABLE ACCESS TO MEDICAL MARIJUANA; TO PROVIDE THAT ZONING PROVISIONS APPLICABLE TO MEDICAL MARIJUANA RETAIL DISPENSARIES SHALL BE NO MORE RESTRICTIVE THAN THOSE FOR A LICENSED RETAIL PHARMACY, AND ZONING PROVISIONS APPLICABLE TO OTHER BUSINESSES THAT FALL WITHIN THE DEFINITION OF MEDICAL MARIJUANA TREATMENT CENTERS SHALL BE NO MORE RESTRICTIVE THAN OTHER COMPARABLY SIZED AND STAFFED LAWFUL COMMERCIAL OR INDUSTRIAL BUSINESSES; TO AMEND SECTIONS 41-29-125, 41-29-127, 41-29-136, 41-29-137, 41-29-139, 41-29-141 AND 41-29-143, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.