Mississippi Right to Try Medical Cannabis Act Sent to Governor Reeves With Veto-Proof Majority

A bill that would expand access to Mississippi’s medical marijuana program for people with serious illnesses not currently on the state’s list of qualifying conditions has now been sent to Governor Tate Reeves. Today, the House voted to concur with changes made by the Senate to HB 1152, the Right to Try Medical Cannabis Act, clearing the proposal for the governor’s desk. The measure passed both chambers with veto-proof margins, including a 34 to 17 vote in the Senate and a 104 to 7 vote in the House.

Filed by State Representative Lee Yancey (R), the legislation would create a new pathway for patients with illnesses that are chronic, progressive, severely disabling or terminal in nature to access medical marijuana even if their condition is not already recognized under Mississippi law.

Under the proposal, a patient’s treating medical provider could submit a petition to the Mississippi Department of Health asking that the patient be approved for medical marijuana on a case-by-case basis. The petition would need to include information such as the patient’s diagnosis, prognosis, treatment history, and an explanation of how medical marijuana could help.

Mississippi legalized medical marijuana in 2022 through the Mississippi Medical Cannabis Act, with the state’s first dispensaries opening in January 2023. Under current law, registered patients may purchase up to six medical cannabis equivalency units per week, with no more than 24 in a 30-day period. Qualifying conditions include cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, glaucoma, HIV, AIDS, hepatitis, ALS, Crohn’s disease, ulcerative colitis, sickle cell anemia, autism with severe or self-injurious behavior, agitation associated with Alzheimer’s disease, spinal cord disease or severe injury, neuropathy, chronic pain, PTSD and terminal illness.

Final authority over these requests would rest with the State Health Officer, who would have 45 days to approve or deny a petition. If 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 limits as other patients.

The legislation also says the State Health Officer’s decision would be final and could not be appealed in court. 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 concerns.

Among the Senate changes that remained in the bill are additional guardrails for providers, including language requiring petitions to be submitted in good faith and in accordance with generally accepted medical standards. Providers acting in good faith would remain protected from civil, criminal and administrative liability solely for taking part in the process.

Patients approved through the new pathway would also need to be reevaluated by their provider at least once every 12 months. The Department of Health would 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 signed into law, the Right to Try Medical Cannabis Act would take effect July 1, 2026.