Section 15-22-3.4 - Licensure: Regular and Provisional3.4.1 A license, issued by the Department, shall be obtained for each medical cannabis establishment prior to the commencement of any commercial cannabis activities authorized by this Part and the Mississippi Medical Cannabis Act. Activities outside of the authority granted to medical cannabis establishments by virtue of these rules, licensure and registration with the Department and the Mississippi Medical Cannabis Act may be considered suspected illegal activities and reported to proper authorities as such.3.4.2 All operational medical cannabis establishments shall be currently licensed and registered by the Department and adhere to all regulations set forth by the Department.3.4.3 To be licensed and registered by the Department, cannabis testing entities shall be accredited as defined in this Part.3.4.4 To be licensed and registered by the Department, cannabis testing entities shall test at least one analyte required by the Department.3.4.5 To maintain an active license and registration certificate, cannabis testing entities shall maintain accreditation, as defined in this Part.3.4.6 Any loss of accreditation status by a cannabis testing entity will result in immediate revocation of the license and registration of the cannabis testing facility.3.4.7 Any cannabis testing entity that has a license revoked for failure to maintain accreditation, as defined in this Part, may file a written petition to the Department to reinstate the cannabis testing entity's license once the cannabis testing entity submits proof of accreditation, as defined in this Part. A reinstatement of a license is required prior to the cannabis testing entity resuming cannabis testing operations.3.4.8 A medical cannabis establishment shall not be within 1,000 feet of the nearest property boundary line of a school, church or child care facility that exists or has acquired necessary real property for the operation of such facility before the date of the medical cannabis establishment application unless the entity has received approval from the school, church or child care facility and received the applicable waiver from their licensing agency, provided that the main point of entry of the cannabis establishment is not located within five hundred (500) feet of the nearest property boundary line of any school, church or child care facility.3.4.9 Regular Licensure. A license shall be issued for the specific business/entity identified on the application and is valid only for the owner, premises and name designated on the application and Department issued license and the location for which it is issued. Upon issuance of a license, the licensee may begin operations; provided that it may not commence cultivating, producing or dispensing cannabis or cannabis products until it receives a written notice authorizing commencement from the Department, following the Department's initial inspection to determine compliance with this Part.
3.4.10 Provisional Licensure. Within its discretion, the Department may issue a provisional license when a temporary condition of non-compliance with the regulations contained in this Part exists. A provisional license shall be issued only if the Department is satisfied that preparations are being made to qualify for a regular license and that the health and safety of patients and the public will not be endangered. The Department identifies opportunities for diversion, such as a lack of plant/package tags and insufficient security measures, as dangers to the health and safety of patients and the public.3.4.11 A provisional license may be issued when the following conditions exist:A. Prior to the medical cannabis establishment's start date of operations and subsequent to meeting the licensure requirements for the development of all required standard operating procedures. The license issued under this provision shall be valid until the issuance of a regular license but shall generally not exceed four (4) months following date of issuance, whichever may be sooner.B. When a temporary issue of non-compliance with these regulations exists that does not endanger the health and safety of patients and the public (at the discretion of the Department). The license issued under this provision shall be valid until the issues of non-compliance are remedied and evidence of compliance is submitted to the Department. The license issued under this provision shall be valid until the issuance of a regular license but shall generally not exceed four (4) months following date of issuance, whichever may be sooner.3.4.12 Upon acceptance of a license issued by the Department to operate as a medical cannabis establishment pursuant to this Part and the Medical Cannabis Act, the licensee shall: A. Post the license or permit in a location in the medical cannabis establishment that is conspicuous;B. Comply with the provisions of the Act and the rules and regulations contained in this Part;C. Comply with directives of the Department including time frames for corrective actions specified in inspection reports, audit reports, notices, orders, warnings, and other directives issued by the Department in regard to the license holder's medical cannabis business or in response to community emergencies;D. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with rules in this Part or a directive of the Department, including time frames for corrective actions specified in inspection reports, audit reports, notices, orders, warnings, and other directives; and,E. Bear the financial responsibility for all compliance and inventory tracking obligations and responsibilities set forth in Mississippi statutes and rules in this Part.3.4.13 Licensees shall register with the Mississippi Department of Revenue for tax purposes.