TO THE MISSISSIPPI HOUSE OF REPRESENTATIVES:

GOVERNOR'S VETO MESSAGE FOR HOUSE BILL 895

1 am returning House Bill 895: "AN ACT TO AMEND SECTION 41-137-5, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE MANDATORY SIX-MONTH FOLLOW-UP VISIT WITH THE

PRACTITIONER AFTER THE PATIENT RECEIVES THE CERTIFICATION; TO AUTHORIZE THE PRACTITIONER TO REQUEST OR REQUIRE A FOLLOW-UP EVALUATION OF THE PATIENT; TO AMEND SECTION 41-137-25, MISSISSIPPI CODE OF 1972, TO EXTEND THE VALIDITY PERIOD FOR REGISTRY IDENTIFICATION CARDS FOR RESIDENT DESIGNATED CAREGIVERS TO TWO YEARS; TO AMEND SECTION 41-137-39, MISSISSIPPI CODE OF 1972, TO REMOVE THE THC POTENCY LIMITS FOR CANNABIS TINCTURES, OILS AND CONCENTRATES; AND FOR RELATED PURPOSES."


House Bill 895 seeks to make three changes to the Mississippi Medical Cannabis Act (Miss. Code 41-137-1, et seq.)("Act"). First, it amends Miss. Code 41-137-5(5) to remove the mandatory six-month follow-up evaluation by a certified practitioner following the initial receipt of a certification to receive medical marijuana to determine the effectiveness of the patient's use. Second, it amends Miss. Code 41-137-25(2) to extend from one year to two years the validity of resident caregiver identification cards. Third. it amends Miss. Code 41-137-39(11) to remove the 60% total THC potency limit for cannabis tinctures, oils and concentrates--allowing such products to have a 100% THC potency.

Since the adoption of the Act in 2022, it has been a continuing challenge to establish and maintain the appropriate regulatory framework to limit the utilization of marijuana for medical purposes only. To this end, the Act places appropriate safeguards by requiring a person seeking to utilize medical marijuana be diagnosed by a registered healthcare provider with whom the patient has a bona fide relationship with a statutorily enumerated debilitating medical condition, and a finding that the use of medical marijuana will likely provide a medical or palliative benefit. (See Miss. Code 41-137-5(1).) House Bill 895 seeks to erode three important safeguards contained in the Act to minimize the potential diversion of medical marijuana for recreational purposes. The requirement of a mandatory six-month follow-up visit to ensure the patient is receiving a therapeutic benefit from utilizing medical marijuana; requiring caregivers to pass an annual criminal background check; and capping the THC potency at 60% for oils and concentrates are reasonable and necessary checks and balances on the medical marijuana program and do not create unnecessary barriers. I believe the Act, as it exists, has been largely successful in achieving its

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in Mississippi to the treatment of medical conditions, and there is no reason to alter it at this time. Thus, I am vetoing House Bill 895.

Respectfully submitted,

 

TATE REEVES GOVERNOR

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