Will Municipalities Or Cities Be Able To Ban Marijuana Businesses In Mississippi?
The constitutional amendment through Initiative 65 provides that no municipality or county government can prohibit a medical marijuana business from being in the municipality or in the county so long as the medical marijuana business is not within 500 feet of a church or school. In fact, the Initiative goes on to say that a medical marijuana business can operate anywhere a pharmacy is allowed to operate.
The Initiative sets out all of the restrictions which would be placed on a medical marijuana business. I am sure some municipalities and counties will seek to pass ordinances and restrict certain locations; these matters would need to be taken up in suits, and the decisions would ultimately be rendered by the Supreme Court of Mississippi, which should validate the language in the constitutional amendment which prohibits municipalities and counties from placing certain restrictions on medical marijuana businesses.
How Can I Start Preparing My Marijuana Business License Application? Is The Application Available To View Now?
An application for a medical marijuana business in Mississippi is not available at this time. This application will be prepared by the State Department of Health. There will be a comment period in late spring (probably around May or June), during which time people can look at the regulations and offer comments on the proposed regulations that the State Department of Health is considering. I am sure one of those documents will be the application form and process, which will be finalized by July 1, 2021, after which individuals/companies will be able to apply.
Many businesses should look to other states to get an idea of what those states have been doing, although Mississippi medical marijuana law may very well be unique. We will try to assist and offer comments which would render our regulations and application processes in Mississippi to be consistent with what is reasonable and a part of the standard of the industry, so that it provides some continuity across the country.
When Should We Hire A Medical Marijuana Lawyer To Assist Us With Applying For And Setting Up Our Medical Marijuana Business In Mississippi? Is It Ever Too Early To Start Planning?
It is never too early to start planning and to hire an attorney to make sure that your business complies with the proposed rules and regulations in Mississippi. Since this is a new industry in Mississippi with rules and regulations being written, I believe it’s that much more important to hire an attorney who has a sense of what is going on, how the Initiative came about, and what the State Department of Health will be trying to accomplish with the rules and regulations. I believe that the time to hire a medical marijuana lawyer is now.
What Will Early Planning With The Help Of A Medical Marijuana Business Lawyer Do For Our Business?
Many people would say that in business, the ‘first to market’ is a very important concept. If someone is first to market with few to no glitches, then their business has a much better chance of succeeding. Having an attorney to help prepare for all of the requirements and ensure that the business application is filed in a timely manner will be helpful in allowing the business to operate early. In my opinion, one of the primary benefits of having an attorney onboard to help navigate those requirements is that it will assist the business owner in being first to market.
For more information on Medical Marijuana in Mississippi, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (601) 871-3377 today.
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