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Under the Medical Cannabis Act, which took effect on February 2, 2022, individuals can use medical cannabis to treat certain conditions. The law contains many employer-friendly provisions.
Use of medical cannabis
Qualified patients can use medical marijuana to treat debilitating medical conditions including chronic pain, cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, glaucoma, HIV, AIDS, hepatitis, Crohn’s disease, sickle-cell anemia, post-traumatic stress disorder, and other conditions listed in the act.
Medical marijuana products include cannabis flower, cannabis extracts, edible cannabis products, beverages, oils, ointments, suppositories, tinctures, topical products, and beverages. The act limits the amount of cannabis that can be possessed.
Employer protections
Employers are not required to:
An employer may:
An employer may not be denied any benefit under state law for employing a medical marijuana cardholder.
Workers’ compensation
The medical marijuana law does not alter or impact:
No right of action
An individual cannot undertake legal action against an employer for refusing to hire, discharging, disciplining or otherwise taking an adverse employment action against an individual with respect to hiring, discharging, tenure, terms, conditions or privileges of employment due to the individual’s use of medical marijuana.
Additional provisions
Medical cannabis cannot be smoked or vaped in a public place or in a motor vehicle.
An individual cannot operate, navigate, or be in actual physical control of any motor vehicle, aircraft, train, motorboat or other conveyance in a way that violates state or federal law as a result, in whole or in part, of that individual’s use of medical marijuana.
The act does not authorize any individual to act with negligence, gross negligence, recklessness, in breach of any applicable professional or occupational standard of care, or to effect an intentional wrong, as a result, in whole or in part, of that individual’s use of medical marijuana.
Previous legalization
Voters had previously legalized medical marijuana by passing Ballot Measure 1 and Initiative 65 in November 2020. However, the constitutionality of the initiative was invalidated by the Mississippi Supreme Court.
Mississippi has no law permitting the use of recreational marijuana.