15 Miss. Code. R. 22-3.8

Current through October 18, 2024
Section 15-22-3.8 - Renewal of Licensure
3.8.1 Regular licenses issued by the Department under this Part require annual renewal.
3.8.2 The Department shall send notification to each licensee of the duty to renew at least sixty (60) days prior to the expiration date of an active license. Notification will be to the email address of the primary contact person designated by the licensee on its application or latest renewal, as applicable.
3.8.3 License Renewal Process.
A. A license issued under this Part may be renewed annually if the medical cannabis establishment:
1. Submits to the Department a renewal application in the manner prescribed by the Department within thirty (30) days prior to the expiration date on the license that includes as applicable:
a. Copy of current Certificate of Good Standing from the Mississippi Secretary of State's Office;
b. New, updated or revised service agreements;
c. Any new or updated Standard Operating Procedures;
d. Updated and/or revised diagram of the licensee's premises;
e. Copy of licensee's current insurance policy;
f. Updated vehicle information (transportation and disposal licensees);
2. Continues to meet all the requirements of this Part; and,
3. Submits proof that the licensee remains in compliance with all requisite local permits and licenses; and,
4. Submits the renewal fee for the license to the Department as required in Rule 3.2.2.
B. Before renewing a license, the Department may require further information and documentation and may conduct additional background checks to determine that the licensee continues to meet the requirements of this Part.
C. A licensee whose license is not renewed shall cease all operations immediately upon expiration of the license, schedule a close out inspection with the Department, and destroy all cannabis and cannabis products in the licensee's possession in a manner approved by the Department.
3.8.4 At the time of renewal, the licensee shall ensure that all material changes to the required plans and/or standard operating procedures have been communicated in writing to the Department.
3.8.5 An inspection by the Department within sixty (60) days prior to expiration of a license issued under this Part may be required at the Department's discretion for renewal of the license.
3.8.6 A license may be suspended, revoked, and shall not be renewed by the Department if:
A. Outstanding fines are owed to the Department;
B. An owner has been convicted of a disqualifying felony;
C. The medical cannabis establishment has not engaged in licensed activity at the licensed premises for a period of one (1) year, unless the medical cannabis establishment submits evidence of reasonable justification, including without limitation death, illness, natural disaster, or other circumstances beyond the medical cannabis establishment's control;
D. Renewal will result in any person having a direct or indirect ownership or economic interest of greater than ten percent (10%) in more than one (1) Mississippi cannabis cultivation entity license; more than one (1) Mississippi cannabis processing entity license; and more than five (5) Mississippi cannabis dispensary licenses;
E. The licensed entity owes delinquent taxes. Applicants who have completed an agreed upon payment plan and/or are following an agreed upon payment plan are not considered to be delinquent;
F. The licensed entity no longer meets all eligibility requirements for the issuance of a medical cannabis establishment license;
G. The licensed entity does not meet regulatory requirements set by the Department; and/or,
H. The licensed entity provides of misleading, incorrect, false or fraudulent information.
3.8.7 The application for renewal of a medical cannabis establishment license may be denied after consideration by the Department of the licensee's demonstrated history of violations of the rules in this Part. The number and severity of violations will be considered by the Department.
3.8.8 If the license of a medical cannabis establishment expires (by date), isn't renewed, or is suspended or revoked, operations of that establishment that are authorized by rules and regulations in this Part and the MS Medical Cannabis Act must cease as instructed by the Department.

15 Miss. Code. R. 22-3.8

Adopted 1/13/2024