I Can See Clearly Now the Rain Is Gone: As Major Legislative Deadline Passes, New Laws Governing Mississippi Cannabis and Potential Ibogaine Clinical Trials Emerge

As the frozen precipitation is continuing to thaw across the upper part of Mississippi, the Mississippi legislature continues to forge ahead in this year’s legislative session. If you tuned into the webinar we hosted on January 14, you heard our Mississippi government affairs colleague, Spencer Ritchie, discuss the cannabis-related legislation he expected to see this legislative session. Now one month into the session and shortly after the deadline for bills to make it through the committee deadline, several of the bills Spencer referenced during the webinar are alive and marching towards passage. The Mississippi Legislature also seems poised to pass legislation authorizing clinical trials to study the potential benefits of ibogaine — something we wrote about potentially occurring back in August 2025.

Right To Try (HB 1152)

Rep. Lee Yancey’s HB 1152, which passed the house on February 5, would provide a patient’s treating medical provider with the ability to petition the Mississippi Department of Health to approve a patient’s use of medical cannabis if the patient has a “nonqualifying debilitating or terminal illness.” The bill defines “nonqualifying debilitating or terminal illness” to mean an illness that is (a) chronic, progressive, severely disabling or terminal in nature; and (b) not specifically listed as a debilitating medical condition under the Medical Cannabis Act. A treating medical provider is the patient’s physician, nurse practitioner, or physician assistant who maintains a defined provider-patient relationship and has primary responsibility for managing the patient’s condition. HB 1152 sets forth an eligibility and petition process that the treating medical provider can follow to obtain department approval for the patient to access medical cannabis. The state health officer, currently Dr. Daniel Edney, will review all such petitions and make the decision whether to approve or deny them. The bill will immunize providers who utilize the petition process in good faith from civil, criminal, and administrative liability.

Elimination of THC Potency Limit in Tinctures, Oils, and Concentrates (SB 895)

Yancey’s HB 895, which passed the House on February 4, will remove from the Mississippi Medical Cannabis Act the total THC potency limit that currently governs cannabis tinctures, oils, and concentrates (currently limited to 60% total THC). Cannabis flower must still contain a total THC content of no more than 30%.

Extension of Patient Card Renewal Requirements and Removal of Six-Month Follow-Up Visit Requirement (HB 895)

Yancey’s HB 895 also extends to 24 months (a) the period during which a practitioner’s written certification that a patient has a qualifying medical condition is valid and (b) the deadline for registered patients to renew their patient identification cards. Currently, patients must renew every 12 months and practitioner certifications are valid for only 12 months. A practitioner, however, has authority to require follow up visits before 24 months have elapsed or to impose a shorter period of time on the validity of certifications. HB 895 will also extend the validity of resident-designated caregiver identification cards to five years.

Terminally Ill Qualifying Patients Access to Medical Cannabis in Hospitals (HB 1034)

Rep. Kevin Felsher’s HB 1034, which passed the House on February 4, will require certain defined healthcare facilities to allow terminally ill qualifying patients to use medical cannabis in those facilities, including hospitals and skilled nursing or hospice facilities. The covered healthcare facilities do not include chemical dependency recovery hospitals or emergency departments of healthcare facilities while the patient is receiving emergency services and care. The bill defines “terminally ill” to mean a prognosis of life of one year or less, if the disease follows its natural course, as determined by the physician. The bill further defines the parameters under which the patient can use medical cannabis, including a prohibition on smoking or vaping delivery methods of use. The bill also recognizes that certain federal actions may be taken related to the healthcare facilities administration of medical cannabis and allows that facility to suspend compliance with the bill if those federal actions occur.

Easing Ability of Designated Caregiver to Obtain Medical Cannabis for Qualifying Patient (HB 513)

Rep. Becky Currie’s HB 1711, which passed the Public Health and Human Services Committee on February 3, will allow a registered designated caregiver to acquire medical cannabis at a dispensary for a qualifying patient without the patient being present. The bill also will not require a designated caregiver to have a new background check until five years after the caregiver’s last background check.

Fees and Tax Revenues Generated by Medical Cannabis Program to Be Deposited into the MS Public Health Trust Fund (HB 513)

Rep. Sam Creekmore’s HB 513, which passed the Public Health and Human Services and Appropriation committees on January 29, will direct 12.5% of all fees, tax revenues, and fines collected by the Departments of Revenue and Health pursuant to the medical cannabis act to be deposited into the Mississippi Public Health Trust Fund. The deposited amounts must be equal to the amount of all fees and tax revenues collected less the amount appropriated by the Legislature to these departments for the administration of the medical cannabis program for the upcoming fiscal year. This requirement will last through July1, 2030, at which point the funds will go back to being deposited in the state general fund.

Ibogaine Clinical Trial Legislation (HB 314)

Creekmore’s HB 314, which passed the House on January 21 and was transmitted to the Senate on January 27, will establish a consortium through which certain entities can seek authority to conduct a drug development clinical trial with ibogaine and to secure FDA approval of ibogaine for treatment of certain disorders and conditions. The consortium must include a drug developer, an institution of higher learning, and a hospital. A lead institution of higher learning will submit a proposal to the Department of Health regarding the details of the proposed plans for the consortium activities. The legislature is to appropriate funds directly for the operation of this consortium, and the Department of Health will enter into an interagency contract with the lead institution of higher learning to facilitate the operation of the consortium. The bill further details the procedures that a drug developer who has been approved to be a part of the consortium must follow to seek approval for drug development for the anticipated ibogaine clinical trials. The bill further prescribes how revenue generated by the intellectual property associated with the ibogaine drug development clinical trials must be allocated, including a requirement that 20% of such revenue must go the state general fund.

Ballot Initiative Legislation (SCR 518)

A new legislative session brings a new proposal to restore Mississippi’s ballot initiative process within the Mississippi Constitution, which the Mississippi Supreme Court eradicated in 2021 after the medical cannabis ballot initiative passed with support from a large majority of Mississippians. Via SCR 518, Sen. Jeremy England seeks to revive this citizen tool by creating a new framework for Mississippi voters to place initiatives on ballots. Per the proposal, 10% of the state’s total active registered voters must provide signatures for the initiative. That is approximately 170,000 signatures. The proposal further limits how many signatures can derive from one congressional district and states that an initiative that may cause the state substantial cost or expenditure of state funds must receive 60% votes in approval. Other initiatives must only receive approval of a majority of registered voters and not fewer than 40% approval.

The proposed legislation also would permit the legislature to add an alternative initiative on the same ballot, in which case the initiative receiving the most votes prevails. If the bill passes, the new initiative process must be approved by voters before becoming law — as it will amend the state constitution.

While not directly tied to cannabis, this legislative proposal deserves mention due to the role the state’s prior ballot initiative process had on the existing cannabis program, and how a new ballot initiative process could alter or expand cannabis access in Mississippi.

As it moves into the next phase of the 2026 session, the Mississippi Legislature has no shortage of cannabis and natural medicine related legislation before it. We’ll be keeping an eye on how these bills progress through the system, so you don’t have to. Stay tuned.