Section 15-22-3.1 - Application for Medical Cannabis Establishment License3.1.1 An application and all required documentation shall be completed by the applicant and submitted to the Department using the Department's Online Licensing Portal.3.1.2 At a minimum, an application for licensure as a medical cannabis establishment shall include the following: A. The names and other required information for all individuals and legal entities who are applicants;B. The proposed physical location of the cannabis facility;C. A map or sketch of the premises proposed for licensure, including the defined boundaries of the premises and a scaled floorplan sketch of all enclosed areas with clear identification of the main entrance, walls, all areas of ingress and egress, and all limited access areas. This map shall provide accurate measurements that allow the Department, at a minimum, to determine the precise main entrance location in reference to the rest of the premises. This map shall also clearly identify the distinct areas utilized for commercial cannabis activities (i.e., cultivation activities, processing activities, storage, etc.). This map shall identify all locations of security cameras, exterior lighting, secure access areas and fencing;D. If the application is based on proposed construction not completed at the time of application, the applicant shall submit construction plans for the proposed building which will be the basis for the application investigation. These plans shall, at a minimum, provide accurate measurements that allow the Department to determine the precise main entrance location in reference to the rest of the building. If the application is based on an existing building, photos of the interior, exterior and the surrounding property should be submitted at the time of application;E. An operating plan that demonstrates the following at a minimum: 1. The applicant's organization chart;2. Job descriptions and minimum qualifications for each position;3. An explanation of whether the applicant has experience operating businesses in highly-regulated industries, including but not limited to the cannabis industry under the laws of Mississippi or any other state or jurisdiction within the United States;4. Employee training plan; andF. Standard Operating Procedures that demonstrate at a minimum how the applicant's proposed premises and business will comply with applicable laws and rules regarding: 2. Employment practices adhering to state and federal law;3. Record-keeping systems;4. Preventing diversion of cannabis and/or cannabis products;5. Types and quantities of cannabis products that will be produced at the facility;6. Methods of cultivation or processing of cannabis and/or cannabis products, as applicable based on category of license applied for;7. Inventory control and tracking;8. Procedures for proper labeling and packaging;9. Transportation of cannabis and/or cannabis products, as applicable based on category of license applied for;11. Recall of cannabis and/or cannabis products;G. If the municipality or county where the proposed cannabis facility will be located has enacted zoning restrictions, a sworn attestation by the applicant certifying that the proposed cannabis facility is in compliance with the restrictions;H. If the municipality or county where the proposed cannabis facility will be located requires a local registration, license, or permit, then the applicant shall include a copy of such registration, license or permit issued to the applicant with the application submitted to the Department. If construction is still underway at the time of application, then the applicant shall include a signed attestation containing the following information: 1. A list of all local requirements not yet obtained;2. Anticipated dates that the applicant will obtain each location registration, license and/or permit;3. An attestation that acknowledges that the applicant is aware of the outstanding need for local registrations, licenses and/or permits and will provide delinquent documents within 10 business days of their receipt as a condition of licensure;I. The names and other required information for all persons and/or entities who directly or indirectly own ten percent (10%) or more of the medical cannabis establishment applicant entity;J. If the applicant is a business entity, the names and other required information for each principal officer and board member of the medical cannabis establishment applying for licensure;K. Fingerprint cards or electronic fingerprints collected by a live scan (or like) vendor for any person who directly or indirectly owns ten percent (10%) or more of the medical cannabis establishment applicant in order to perform a criminal background check to determine whether a disqualifing felony offense is present. The signed and notarized Background Check Affidavit for each applicant should also be submitted at the time of application; and,L. Other information that may be required by the Department.3.1.3 All information and documents required by the Department including but not limited to the following shall accompany an application for licensing as a cannabis testing entity:A. Initial applications for regular and/or provisional licensing as a cannabis testing entity shall require:1. The legal name of the prospective cannabis testing entity;2. The physical address of the prospective cannabis testing entity's facility, which shall not be within one thousand (1,000) feet of the nearest property boundary line of a school, church, or child care facility which exists or has acquired necessary real property for the operation of such facility before the date of the cannabis testing facility application unless the proposed entity has received approval from the school, church or child care facility and received the applicable waiver from the entity that licenses or accredits any such school or child care facility, provided that the main point of entry of the cannabis testing facility is not located within five hundred (500) feet of the nearest property boundary line of any school, church or child care facility;3. The name of each owner, principal officer, board member, and lab director of the proposed cannabis testing entity;4. An attestation that the information provided to the Department to apply for a cannabis testing entity license is true and correct;5. The signatures of the owners of the cannabis testing entity and the technical laboratory director and the date each signed;6. For each owner: a. An attestation signed and dated by the owner that the owner has not been convicted of an excluded felony offense;b. An attestation signed and dated by the owner that the owner does not have a direct or indirect familial or financial relationship with or interest in a cannabis dispensary, cannabis cultivation entity, cannabis processing entity, cannabis disposal entity or cannabis research entity;c. An attestation signed and dated by the owner pledging not to divert cannabis to any individual who or entity that is not allowed to possess cannabis; and,7. Verification for each principal officer or board member that they are at least twenty-one (21) years of age.8. Verification for each principal officer or board member that they are at least twenty-one (21) years of age;9. A valid certificate of accreditation, issued by an accreditation body, as defined in this Chapter, that attests to the laboratory's competence to perform testing, including all the required analytes for the relevant test methods:f. Residual solvents and processing chemicals;g. Terpenoids (if performed); and,10. A copy of the cannabis testing facility's most recent assessment by the laboratory's accreditation body, the laboratory's responses to any findings of non-compliance with standards or recommendations, and the corrective actions taken by the laboratory to address the findings or recommendations;11. Laboratory standard operating procedures for all testing methods;12. Laboratory test method verification and validation documentation for all testing methods, including final data reports approved by the laboratory director, validation material package inserts and all supporting data including instrument raw data and calculation tools;13. Laboratory standard operating procedures for security measures;14. Laboratory standard operating procedures for the sampling of cannabis or cannabis products;15. Laboratory standard operating procedures for the transportation of cannabis or cannabis products;16. Laboratory standard operating procedures for the reporting of test results for cannabis or cannabis products;17. Laboratory standard operating procedures for the disposal of samples, digestates, leachates and extracts or other sample preparation products;18. Testing staff initial and/or ongoing demonstration of capability for all applicable tests.19. All completed proficiency testing. For new applications, a testing entity shall successfully analyze one set of proficiency testing samples for all required analytes prior to being licensed.B. In addition to the above, applications for renewal of a cannabis testing entity license shall also include:1. A valid certificate of accreditation, issued by an accreditation body, as defined in this Part, that attests to the laboratory's competence to perform testing, including all the required analytes for the relevant test methods: f. Residual solvents and processing chemicals;h. Terpenoids, if performed.2. A copy of the cannabis testing entity's most recent assessment by the laboratory's accreditation body, the laboratory's responses to any findings of non-compliance with standards or recommendations, and the corrective actions taken by the laboratory to address the findings or recommendations;3. Any new or updated laboratory standard operating procedures for all testing methods;4. Any new or updated laboratory test method verification and validation documentation for all testing methods, including final data reports approved by the laboratory director, validation material package inserts and all supporting data including instrument raw data and calculation tools;5. Any new or updated laboratory standard operating procedures for security measures;6. Any new or updated laboratory standard operating procedures for the sampling of cannabis or cannabis products;7. Any new or updated laboratory standard operating procedures for the transportation of cannabis or cannabis products;8. Any new or updated laboratory standard operating procedures for the reporting of test results for cannabis or cannabis products;9. Any new or updated laboratory standard operating procedures for the disposal of samples, digestates, leachates and extracts or other sample preparation products; and,10. Testing staff initial demonstration of capability for all applicable tests.3.1.4 The Department will review an application for licensure to determine if it is complete. An application will not be considered complete if the applicant does not provide all information required by the application form, the full application and license fees have not been paid, or all of the additional information required under these rules is not submitted. If items are missing/require correction/require additional information, the Department will send notification to the applicant that the application has been returned for action and provide a description of the requisite information. The applicant will need to resubmit an amended application and/or supporting documents for a license if the application is returned for action.3.1.5 Upon review, the Department may return an application for action, an applicant will have three opportunities for correction. If an applicant is unable to present a complete and correct application, as determined by the Department, after these three attempts, the application will be denied. Upon denial, if the entity chooses to apply again, a new application and supporting documents meeting the requirements of this Part shall be submitted.
3.1.6 Once all required information is received and the fees have been paid, the Department will send notification to the applicant that it has received a completed application. Once the application has been deemed complete, the Department will review the application and issue a determination within thirty (30) days of receiving the completed application. Applications will be processed in the order in which a completed application is filed by the applicant. Review will be initiated based on the order in which a complete application is filed; however, the duration of the review will depend upon the information provided by the applicant.