Mississippi House Sends Right to Try Medical Cannabis Act to Senate After 104 to 7 Vote
- The Mississippi House approved House Bill 1152, the Right to Try Medical Cannabis Act, by a 104 to 7 vote, advancing it to the Senate.
- The bill allows patients with serious, chronic, or terminal illnesses not currently qualifying under the state’s medical marijuana program to access cannabis through a physician-submitted petition process.
- The State Health Officer will be the sole decision-maker on petitions, with 45 days to respond, and decisions are final with no appeal allowed; approved patients must follow existing program rules.
- If enacted, the law would take effect July 1, 2026, and requires annual reporting by the Department of Health on petition outcomes, illnesses approved, and safety trends.
The Mississippi House has approved House Bill 1152, titled the Right to Try Medical Cannabis Act, sending the measure to the Senate on a decisive 104 to 7 vote. Filed by State Representative Lee Yancey (R), the proposal creates a new pathway for patients with serious illnesses that are not currently listed under Mississippi’s qualifying medical marijuana conditions to access the state’s program through a case-by-case petition process.
Earlier this week, the House also approved two other medical cannabis bills, signaling continued legislative attention to refining how the state’s program functions for patients.
House Bill 1152 would allow a patient’s treating medical provider to petition the Mississippi Department of Health to authorize medical marijuana use even if the patient’s condition is not included on the state’s list of qualifying debilitating conditions. To qualify, the patient must have an illness that is chronic, progressive, severely disabling, or terminal in nature.
The patient’s physician, nurse practitioner, or physician assistant would need to maintain an ongoing provider–patient relationship and submit a formal petition outlining the diagnosis, prognosis, past treatment history, and an explanation of how medical marijuana could provide benefit.
“Very simply, a person who has a condition that nothing else is working to bring them any type of relief may have their practitioner, doctor, petition the health department to let this person try medical cannabis,” Yancey said.
Under the bill, the State Health Officer would act as the sole decision-maker on these petitions and would have 45 days to approve or deny each request. If approved, the patient could then apply for a registry identification card under Mississippi’s existing medical marijuana program and would be subject to all current rules and limits.
The measure specifies that decisions made by the State Health Officer would be final and not subject to appeal in court. It also gives the Department of Health authority to limit the type, form, or volume of marijuana authorized for approved patients based on public health and safety considerations.
Medical providers who submit petitions in good faith would be shielded from civil, criminal, and administrative liability. Patients approved through the process would be required to undergo reevaluations by their provider at least once every 12 months.
The Department of Health would also be required to submit an annual report to legislative leaders detailing how many petitions were received, granted, or denied, along with general categories of illnesses approved and any safety trends observed.
If enacted, the Right to Try Medical Cannabis Act would take effect July 1, 2026.