Miss. Code. tit. 15, pt. 22, subpt. 8

Current through August 17, 2024
Subpart 8 - Waste Disposal
8.1.1 Cannabis disposal entities shall also comply with all applicable rules and regulations in this Part to include, but not limited to, licensure and registration as a cannabis transportation entity if the cannabis disposal entity transports cannabis and/or cannabis products
8.1.2 All employees shall possess a valid, unrestricted driver's license issued by the State of Mississippi and a valid work permit issued by the Department. The cannabis disposal entity shall also issue each employee an identification badge, with picture. All documents referenced in this Rule shall be in the employee's possession when in a vehicle transporting cannabis and/or cannabis products.
8.1.3 A cannabis disposal entity shall be responsible for any and all cannabis and/or cannabis products within its custody, control, or possession.
8.1.4 Unless specifically licensed by the Department to do so, cannabis disposal entities are prohibited from the following activities related to the medical cannabis program:
1. Growing/cultivating cannabis;
2. Manufacturing/processing cannabis and/or cannabis products;
3. Retail sales of cannabis and/or cannabis products;
4. The resale of cannabis and/or cannabis products to other entities and medical cannabis establishments;
5. Transportation, storage, and delivery of cannabis and/or cannabis products (outside of the purposes of disposal and/or destruction of cannabis waste); and,
6. Provision of cannabis and/or cannabis products directly to qualifying patients and/or caregivers as defined in this Part.
8.1.5 If a cannabis disposal entity is required to store cannabis and/or cannabis products, the storage location shall, at a minimum, meet the following requirements:
1. Cannabis and/or cannabis products shall be stored at location licensed by the Department as part of the cannabis disposal entity's license;
2. Be secure and enclosed with permanent walls;
3. Be locked at all times;
4. Be accessible only to specifically identified employees of the cannabis transportation entity;
5. Have an alarm system that meets the following:
a. Upon attempted unauthorized entry, the alarm system shall transmit a signal directly to a central protection company or a law enforcement agency that has a legal authority to respond. A designated employee of the cannabis transportation entity shall also be notified;
b. Provide continuous, uninterrupted coverage (24 hours/7 days) for all points of ingress and egress to the facility, including without limitation doorways, windows, loading areas;
c. Provide continuous, uninterrupted coverage (24 hours/7 days) of any room with an exterior wall, any room containing a safe, and any room used to store cannabis and/or cannabis products;
d. Be equipped with failure notification systems to notify the transporter and law enforcement of any failure in the alarm system; and,
e. Have the ability to remain operational during a power outage.
6. Have continuous, uninterrupted video surveillance that meets the following:
a. Provide continuous, uninterrupted coverage (24 hours/7 days) for all points of ingress and egress to the facility, including without limitation doorways, windows, loading areas, and parking areas;
b. Provide continuous, uninterrupted coverage (24 hours/7 days) of any room with an exterior wall, any room containing a safe, and any room used to store cannabis and/or cannabis products;
c. Digital archiving capabilities for a minimum of (120) days;
d. On-site and off-site monitoring capabilities;
e. Have the date and time embedded on all surveillance recordings without significantly obscuring the picture; and,
f. Use cameras that are capable of recording in both high and low lighting conditions.
8.1.6 All cannabis waste designated for disposal shall be properly weighed and recorded in the state's seed-to-sale system at the following points at minimum:
1. On-site at the medical cannabis establishment for which the cannabis disposal entity is providing services; and,
2. At the final destination where disposal/destruction occurs.
8.1.7 Cannabis waste shall be disposed of either via a process which renders the waste unusable and unrecognizable through physical destruction or a recycling process that the waste disposal facility is authorized by Mississippi law to carry out.
8.1.8 The disposal/destruction of cannabis waste shall be done under video surveillance by video surveillance and made available to the Department upon request.
8.1.9 Medical cannabis and/or cannabis products shall be rendered unusable by grinding and incorporating the cannabis waste with other ground materials, so the resulting mixture is at least fifty percent 50% non-cannabis waste by volume. This includes compostable mixed waste and non-compostable mixed waste meeting the requirements below.
8.1.10 Grinding and incorporating the cannabis waste into compostable mixed waste until it is unusable and unrecognizable: Cannabis waste to be disposed of as compost or in another organic waste method may be mixed with the following types of waste materials:
1. Food waste;
2. Yard waste;
3. Vegetable based grease oils;
4. Agricultural Materials;
5. Biodegradable products and paper;
6. Clean wood;
7. Fruits and vegetables; or
8. Plant matter.
9. Bokashi or other compost activators; or,
10. Other materials or methods approved by the Department that will render the cannabis waste unusable and unrecognizable.
8.1.11 Grinding and incorporating the cannabis waste into non-compostable mixed waste until it is unusable and unrecognizable: Cannabis waste to be disposed of in a landfill or another disposal method, such as incineration, may be mixed with the following types of waste materials:
1. Paper waste;
2. Cardboard waste;
3. Plastic waste;
4. Soil;
5. Nonrecyclable plastic;
6. Broken glass;
7. Sawdust; or
8. Other materials or methods approved by the Department that will render the cannabis waste unusable and unrecognizable.
8.1.12 Licensure and/or permitting may also be required through the Mississippi Department of Environmental Quality for cannabis disposal entities as well as local permitting, dependent upon the location of the cannabis disposal entity.

Miss. Code. tit. 15, pt. 22, subpt. 8

Miss. Code Ann. §§ 41-137-1 - 41-137-67.
Adopted 1/13/2024