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Summary of differences between federal and state regulations
Medical marijuana
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:
- Permit, accommodate, or allow the use of medical cannabis,
- Modify any job or working conditions of any employee who engages in the medical use of cannabis,
- Pay for or reimburse an individual or entity for costs associated with the use of medical cannabis.
An employer may:
- Establish or enforce a drug-testing policy,
- Discipline an employee for ingesting medical marijuana in the workplace or for working while under the influence of medical marijuana,
- Refuse to hire, discharge, discipline, or otherwise take an adverse employment action against an individual with respect to hiring, discharging, tenure, terms, conditions, or privileges of employment as a result, in whole or in part, of that individual’s use of medical cannabis, regardless of the individual’s impairment or lack of impairment resulting from use of medical cannabis,
- Follow any federal requirements, including regulations adopted by the Department of Transportation in Title 49 of the Code of Federal Regulations.
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:
- The workers’ compensation premium discount available to employers who establish a drug-free workplace program in accordance with Section 71-3-201 et seq., or
- An employer’s right to deny or establish legal defenses to the payment of workers’ compensation benefits to an employee on the basis of a positive drug test or refusal to submit to or cooperate with a drug test, as provided under Section 71-3-7 and Section 71-3-121.
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.
Recreational marijuana
Mississippi has no law permitting the use of recreational marijuana.