Mississippi Senate Approves Right to Try Medical Cannabis Act

The Mississippi Senate has approved House Bill 1152, titled the Right to Try Medical Cannabis Act. The measure has already passed the full House 104 to 7. Because the Senate made slight changes to bill prior to its passage, the proposal must now return to the House for a concurrence vote. If the House agrees to the Senate’s amendments, the bill would then be sent to Governor Tate Reeves for consideration.

Filed by State Representative Lee Yancey (R), the legislation would create a new path for people with serious illnesses that are not currently included on Mississippi’s list of qualifying medical marijuana conditions to access the state’s medical marijuana program on a case-by-case basis.

Under the proposal, a patient’s treating medical provider would be allowed to submit a petition to the Mississippi Department of Health requesting authorization for the patient to use medical marijuana even if their condition is not already recognized under state law. To qualify, the patient would need to have an illness that is chronic, progressive, severely disabling or terminal in nature.

The petition would need to include details about the patient’s diagnosis, prognosis, treatment history, and an explanation of how medical marijuana could provide benefit. The bill would leave final authority over these requests with the State Health Officer, who would have 45 days to approve or deny a petition.

If a petition is approved, the patient could then apply for a registry identification card through Mississippi’s existing medical marijuana program and would be subject to the same rules and limitations as other patients.

The measure also says the State Health Officer’s decision would be final and not subject to court appeal. In addition, the Department of Health would be allowed to limit the type, form or amount of medical marijuana authorized for approved patients based on public health and safety considerations.

The Senate-amended version also adds some additional guardrails for providers, including language requiring that petitions be made in good faith and in accordance with generally accepted medical standards. Providers who submit petitions in good faith would continue to be protected from civil, criminal and administrative liability solely for participating in the process.

Patients approved through the new pathway would be required to undergo reevaluation 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 identified.

If enacted, the Right to Try Medical Cannabis Act would take effect July 1, 2026.