15 Miss. Code. R. 22-1.2 - Definitions

The following terms shall have the meanings indicated for purposes of the Mississippi State Department of Health's Mississippi Medical Cannabis Program rules and regulations.

1.2.1 Accreditation - The term "accreditation" means being currently deemed as technically competent under ISO/IEC 17025:2017 by an international mutual recognition arrangement signatory that has been found to meet ISO/IEC 17011, Conformity Assessment-Requirements for accreditation bodies accrediting conformity assessment bodies.

1.2.2 Accreditation Body - The term "accreditation body" means an impartial nonprofit organization that operates in conformance with the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) standard 17011 and is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA) for Testing.

1.2.3 Acquire - The term "acquire" means coming to possess cannabis by means of any legal source in compliance with the Mississippi Medical Cannabis Act (the Act) and any rules promulgated under the Act.

1.2.4 Additive - The term "additive" means any non-cannabis derived substance added to regulated cannabis and/or cannabis products to achieve a specific technical and/or functional purpose during processing, storage, or packaging. Additives may be direct or indirect. Direct additives are used to impart specific technological or functional qualities. Indirect additives are not intentionally added but may be present in trace amounts as a result of processing, packaging, shipping, or storage. Botanically Derived Compounds which have been isolated or enriched and subsequently added back into cannabis products are additives.

1.2.5 Advertising - The terms "advertising" and "advertisement" shall mean all representations disseminated in any manner or by any means, other than labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of medical cannabis. Advertising does not include labeling as required by the regulations of the Medical Cannabis Program.

1.2.6 Affiliate - The term "affiliate" means any entity effectively controlling or controlled by another entity or associated with other entities under common ownership or control, including a parent or subsidiary.

1.2.7 Agent - The term "agent" means a person who acts for or on behalf of or represents another (e.g., employee, representative).

1.2.8 Allergen - The term "allergen" means a major food allergen as defined in 21 U.S.C § 321(qq).

1.2.9 Allowable Amount of Medical Cannabis - The term "allowable amount of medical cannabis" means an amount not to exceed the maximum amount of Mississippi Medical Cannabis Equivalency Units ("MMCEU").

1.2.10 Analytical Batch - The term "analytical batch" means a set of no more than twenty (20) samples that are prepared together for the same type of analysis, are sequentially analyzed using the same instrument calibration curve, and have common analytical quality control requirements. The batch shall include testing samples as well as all applicable quality control samples.

1.2.11 Applicant - Ther term "applicant" means a person who registers/applies for an initial work permit or renewal of a work permit who must complete a fingerprint-based background check of the Mississippi Central Criminal Database and the Federal Bureau of Investigation Criminal History Database and must not have a disqualifying felony offense. Once such an applicant passes the criminal background check, the applicant may then work for, or maintain ownership in, a medical cannabis establishment licensed and registered by the Department or MDOR as applicable.

For the purpose of these regulations, the term "applicant" may also be defined as a practitioner, patient, or caregiver, who do not require criminal-based background checks.

1.2.12 Batch - The term "batch" means, with regard to usable medical cannabis, a homogenous, identified quantity of usable medical cannabis, no greater than twenty-five pounds (25 lbs), that is harvested during a specified time period from a specified cultivation area, and with regard to oils, vapors and waxes derived from usable medical cannabis, means an identified quantity that is uniform, that is intended to meet specifications for identity, strength, and composition, and that is)d, packaged and labeled during a specified time period according to a single manufacturing, packaging and labeling protocol.

1.2.13 Batch Number - The term "batch number" means a unique numeric or alphanumeric identifier assigned to a batch by a cultivation or processing entity. The batch number for plant batches shall contain the strain name and date created. The batch number for harvest batches shall contain the strain name and date harvested. The batch number for production batches shall contain the item name and date produced. In the event that multiple batches of the same product or item are created on the same date, a unique suffix shall be added such as a numeric or alphabetical character. (e.g., 1, 2, 3, a, b, c, etc.).

1.2.14 Biosecurity Measures - The term "biosecurity measures" means a set of preventative measures designed to reduce the risk of transmission of infectious diseases in crops, quarantined pests, invasive alien species, and living modified organisms that could impact the safety of cannabis and cannabis products.

1.2.15 Board Member - The term "board member" means an individual serving as a representative on the governing body of a medical cannabis establishment.

1.2.16 Botanically-Derived Compounds - The term "botanically-derived compounds" means organic chemicals that typically have a high vapor pressure at room temperature and are likely to be dispersed into the air. Botanically Derived Compounds include, but are not limited to terpenes, terpenoids, ketones, esters, and other molecules which are naturally occurring in plants and are used to affect the flavor and aroma of cannabis products. Synthetic cannabinoids are not botanically derived compounds and are prohibited.

1.2.17 Brand - The term "brand" shall mean a name, term, design or symbol or any other feature that identifies one seller's goods or services as distinct from those of other sellers. For purposes of these regulations, a company logo is considered a brand.

1.2.18 Branding - The term "branding" shall mean the process of giving a meaning to a specific medical cannabis establishment's business by publicizing the business's name and logo.

1.2.19 Cannabinoid Extract - The term "cannabinoid extract" means a substance obtained by separating cannabinoids from cannabis by any of the following methods:

A. A chemical extraction process using a hydrocarbon-based solvent; or

B. A chemical extraction process using the hydrocarbon-based solvent carbon dioxide if the process uses high heat or pressure.

1.2.20 Cannabis - The term "cannabis" means all parts of the plant of the genus cannabis, the flower, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including whole plant extracts. Such term shall not mean 1) industrial hemp as defined in this Part per Miss. Code § 41-137-25(22) nor 2) cannabis-derived products approved by the federal Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act.

1.2.21 Cannabis Container - The term "cannabis container" means an individual locked and secure container in which an originating medical cannabis establishment places cannabis and/or cannabis products for transport to a receiving medical cannabis establishment.

1.2.22 Cannabis Cultivation Entity - The term "cannabis cultivation entity" means a business entity licensed and registered by the Mississippi Department of Health that acquires, grows, cultivates, and harvests medical cannabis in an indoor, enclosed, locked, and secure area. The terms "cannabis cultivator", "cultivator", or "micro-cultivator" also have the same meaning.

1.2.23 Cannabis Disposal Entity - The term "cannabis disposal entity" means a business licensed and registered by the Mississippi Department of Health that is involved in the commercial disposal or destruction of medical cannabis. These entities may also be known as "waste disposal entities".

1.2.24 Cannabis Facility - The term "cannabis facility" or "facility" means a permanent structure in a fixed location where a medical cannabis establishment operates or conducts commercial cannabis activities.

1.2.25 Cannabis Processing Entity - The term "cannabis processing entity" means a business entity that is licensed and registered by the Mississippi Department of Health that: acquires or intends to acquire cannabis from a cannabis cultivation entity or other cannabis processing entity; possesses cannabis with the intent to manufacture a cannabis product; manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and sells or intends to sell a cannabis product to a medical cannabis dispensary licensed by MDOR or cannabis research entity licensed by the Department. These entities may also be known as "processing entities", "processors", or "cannabis processors".

1.2.26 Cannabis Products - The term "cannabis products" means concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof and are intended for use or consumption by humans. The term includes, without limitation, edible cannabis products, beverages, topical products, ointments, oils, tinctures and suppositories that contain tetrahydrocannabinol (THC) and/or cannabidiol (CBD) except those products excluded from control under Miss. Code §§41-25-113 and 41-25-136. The term medical cannabis products may also be used with the same meaning.

1.2.27 Cannabis Research Entity - The term "cannabis research entity" or "research entity" means a research entity at any university or college in this state or an independent entity licensed and registered by the Mississippi Department of Health pursuant to this chapter that acquires cannabis from cannabis cultivation entities and cannabis processing entities in order to research cannabis, develop best practices for specific medical conditions, develop medicines and provide commercial access for medical use.

1.2.28 Cannabis Testing Entity - The term "cannabis testing entity" or "testing entity" means an independent entity licensed and registered by the Mississippi Department of Health that analyzes the safety and potency of cannabis.

1.2.29 Cannabis Waste - The term "cannabis waste" means:

A. Unused, surplus, returned or out-of-date cannabis; recalled cannabis; plant debris of the plant of the genus cannabis, including dead plants and all unused plant parts, except the term shall not include seeds, roots, stems, and stalks;

B. All product which is deemed to fail laboratory testing and cannot be remediated or decontaminated;

C. All products and inventory from medical cannabis establishments that have gone out of business and/or are unable to legally transfer or sell cannabis and/or cannabis products and inventory to another medical cannabis establishment; or

D. Products and inventory from medical cannabis establishments that may be destroyed and/or rendered unrecognizable and unusable through disposal as a result of Department corrective and/or administrative actions.

E. All cannabis waste must be disposed of by a licensed disposal entity.

1.2.30 Canopy - The term "canopy" means the total surface area within a cultivation area that is dedicated to the cultivation of flowering cannabis plants. The surface area of the plant canopy shall be calculated in square feet. Measurement shall include all of the area within the boundaries where the cultivation of the flowering cannabis plant occurs. If the surface area of the canopy consists of noncontiguous areas, each component area shall be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface of each tier or shelf shall be included in the calculation. Calculation of the area of the plant canopy should not include:

A. The areas within the cultivation area that are used to cultivate immature cannabis plants and seedlings prior to flowering; and,

B. The areas within the cultivation area that are used to support mature cannabis plants.

1.2.31 Commercial Cannabis Activity - The term "commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis or cannabis products as authorized by the Mississippi Medical Cannabis Act or this Part.

1.2.32 Cardholder - The term "cardholder" means a registered qualifying patient or a registered designated caregiver who has been issued and possesses a valid registration identification card by the Mississippi State Department of Health.

1.2.33 Certificate of Analysis - The term "certificate of analysis" means the report prepared for the party requesting testing and the Department about the analytical testing performed and results obtained by the cannabis testing facility. This term may be abbreviated as "COA".

1.2.34 CFR - The abbreviation "CFR" means the Code of Federal Regulations, the compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government which is published by the U.S. Government Printing Office. Citations in this Chapter to the CFR refer sequentially to the Title, Part and Section numbers.

1.2.35 Child Resistant Packaging - The term "child-resistant packaging" means packaging that is:

A. Designed or constructed to be significantly difficult for children under five (5) years of age to open and not difficult for normal adults to use properly as defined by 16 CFR § 1700.15 (1555) and 16 CFR § 1700.20 (1555) to the extent that such laws, rules, regulations do not conflict with the MS Medical Cannabis Act; and

B. Resealable to maintain its child-resistant effectiveness for multiple openings by the patient for any product intended for more than a single use or containing multiple servings.

1.2.36 Church - The term "church" means a permanent building primarily and regularly used as a place of religious worship.

1.2.37 Clone - The term "clone" means a non-flowering plant cut from a mother plant that is capable of developing into a new plant but has shown no signs of flowering.

1.2.38 Concentrate - The term "concentrate" means a product derived from medical cannabis that is kief, hashish, bubble hash, oil, wax, or other product, produced by extracting cannabinoids from the plant through the use of:

A. A mechanical extraction process;

B. A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, food-grade ethanol or steam distillation; or

C. A chemical extraction process using carbon dioxide, provided that the process does not involve the use of high heat or pressure.

1.2.39 Compliance Test Sample - The term "compliance test sample" includes a package derived from a harvest batch package or production batch intended for compliance testing by a licensed cannabis testing entity.

1.2.40 Contaminant - The term "contaminant" means an unacceptable level of an unwanted or objectionable substance, toxin, pollution or foreign material that causes impurity in a product. Contaminants include, but are not limited to, pesticides, microbiology, filth, heavy metals and residual chemical solvents.

1.2.41 Daycare - The term "daycare" means a child-care facility, as defined by Miss. Code § 43-20-5.

1.2.42 Demonstration of Capability - The term "demonstration of capability" means an examination, provided by a medical cannabis testing laboratory, undertaken by an analyst to determine whether he or she is able to correctly, accurately, and repeatedly perform a specific analysis or analyze a specific measurement.

1.2.43 Department - The term "Department" means the Mississippi State Department of Health.

1.2.44 Designated Caregiver - The term "designated caregiver" means a person, at least 21 years of age, who has agreed to assist no more than five (5) registered qualifying patients with their medical use of medical cannabis. A designated caregiver may also be referred to as a "caregiver".

1.2.45 Designated Caregiver Entity - The term "designated caregiver entity" means a health care facility or facility providing residential care services or day services that has agreed to accommodate registered qualifying patients with their medical use of medical cannabis. A designated caregiver entity may also be referred to as a "caregiver entity".

1.2.46 Dispense - The term "dispense" means the retail selling of medical cannabis or medical cannabis products that are packaged and labeled in accordance with the law to a licensed patient, the licensed patient's parent(s) or legal guardian(s) if the licensed patient is a minor, or a licensed caregiver.

1.2.47 Dispose - The term "dispose" or "disposal" means the final disposition of medical cannabis waste by either a process which renders the waste unusable and unrecognizable through physical destruction or a recycling process.

1.2.48 Disqualifying Felony Offense - The term "disqualifying felony offense" means:

A. A conviction for a crime of violence, as defined in Section 97-3-2 Mississippi Code of 1972, as amended, or

B. A conviction for a crime that was defined as a violent crime in the law of the jurisdiction in which the offense was committed, and that was classified as a felony in the jurisdiction where the person was convicted; or

C. A conviction for a violation of a state or federal controlled substances law that was classified as a felony in the jurisdiction where the person was convicted, including the service of any term of probation, incarceration or supervised release within the previous five (5) years and the offender has not committed another similar offense since the conviction A disqualifying felony offense shall not include a conviction that consisted of conduct for which the Mississippi Medical Cannabis Act would likely have prevented the conviction but for the fact that the conduct occurred before the effective date of the Medical Cannabis Act.

1.2.49 D.O. - The term "D.O." means a Doctor of Osteopathy. Also includes DO as an abbreviation.

1.2.50 Economic Interest - The term "economic interest" means holding an ownership interest as a sole proprietor, partner, member, limited partner, member holding at least a ten percent (10%) equity or similar interest, stockholder owning at least ten percent (10%)of available stock, or as any other type of interest that entitles the individual or entity to regular payments for amounts based on a percentage of revenue derived from the licensed medical cannabis establishment's business operations as defined by the Mississippi Medical Cannabis Act.

1.2.51 Edible Cannabis Products - The term "edible cannabis products" means products that:

A. Contain or are infused with cannabis or an extract thereof;

B. Are intended for human consumption by oral ingestion; and,

C. Are presented in the form of foodstuffs, beverages, extracts, oils, tinctures, lozenges and other similar products.

1.2.52 Enclosed - The term "enclosed" means surrounded by roof and walls permanently in place.

1.2.53 Final Form - The term "final form" means cannabis or cannabis product(s) that is in the form in which the cannabis or cannabis product will be consumed or used.

1.2.54 Flowering - The term "flowering" means the reproductive state of cannabis in which the plant is in a light cycle intended to stimulate the production of flowers, trichomes, and cannabinoid characteristics of cannabis. There are physical signs of flower or budding out of the nodes of the stem.

1.2.55 Harvest Batch - The term "harvest batch" means a specifically identified quantity of cannabis that is uniform in strain, cultivated using the same practices, harvested at the same time at the same location and cured under the same conditions. There may be multiple harvest batches for the same strain on the same date.

1.2.56 Harvest Batch Package - The term "harvest batch package" means a package derived from a harvest batch that is restricted by volume to twenty-five pounds (25 lbs) or less of cannabis for testing purposes. If a finished harvest batch (bud/flower, shake/trim) is larger than twenty-five pounds (25 lbs), the harvest batch shall be separated into harvest batch packages for purposes of compliance testing. Harvest batch packages sent only to processors for extraction are not required by the Department to be tested prior to processing, unless the cannabis processing facility requests that of the cannabis cultivation entity supplying the batch.

1.2.57 Homogeneity - The term "homogeneity" means the amount of cannabinoids within a cannabis product being consistent and reasonably equally dispersed throughout the cannabis product, including each portion of the cannabis product.

1.2.58 Homogenization - The term "homogenization" means the process by which the unit increments of a test sample are combined by grinding or mixing prior to testing to obtain uniformity of all components or ingredients.

1.2.59 Identification Badge - The term "identification badge" means a physical badge issued by a licensed medical cannabis establishment to each employee, volunteer, and visitor who has access to the licensee's premises, for purposes of verifying each such person's identity and status.

1.2.60 Immature Cannabis Plants - The term "immature cannabis plants" means seedlings or nonflowering cannabis plants. There are no demonstrated signs of flowering.

1.2.61 Inclusivity - The term "inclusivity" means, related to microbiological method validation, the sensitivity of the test method. It evaluates the ability of the test method to detect a wide range of target organisms by a defined relatedness.

1.2.62 Indoor Cannabis Cultivation - The term "indoor cannabis cultivation" means production of plants in a completely enclosed and secure facility with a sealed, controlled environment that prevents unfiltered air exchange with the outdoors, provides control of environmental conditions such as humidity, temperature, light, and carbon dioxide levels.

1.2.63 Industrial Hemp - The term "industrial hemp" means a plant of the genus Cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis as set forth in the 2018 Farm Bill, Public Law No. 115-334.

1.2.64 Infused Pre-Roll - The term "infused pre-roll" means a medical cannabis product produced by rolling, filling, or stuffing harvested medical cannabis flower, shake, and/or trim with regulated cannabis concentrate(s) into paper, leaves, or an equivalent wrapper and is intended for consumption by inhalation.

1.2.65 Infused Cannabis Product - The term "infused cannabis product" means a cannabis product that includes one or more concentrate(s) along with other materials or ingredients, and includes without limitation, any oil, wax, ointment, salve, tincture, capsule, suppository, dermal patch, cartridge or other product containing a medical cannabis concentrate or usable cannabis that has been processed so that the dried leaves and flowers are integrated into other material.

1.2.66 Infusion - The term "infusion" means a process by which cannabis concentrates are directly incorporated into a product formulation to produce a cannabis product.

1.2.67 Ingredient - The term "ingredient" means any non-cannabis derived substance that is added to cannabis products to achieve a desired effect. The term includes all additives as defined in this Part.

1.2.68 Inhalable Compound Concentrate Product - The term "inhalable compound concentrate product" means a cannabis product created by combining one or more cannabis products with cannabis (i.e., cannabis flower, kief) into a final form that is intended for inhalation.

1.2.69 Initial Display of Competency - The term "initial display of competency" means an examination, provided by a cannabis testing laboratory, undertaken by an analyst to determine whether he or she is able to correctly, accurately, and repeatedly perform a specific analysis or analyze a specific measurement.

1.2.70 Kief - The term "kief" means the resinous, crystal-like trichomes that have been physically separated from the cannabis plant that results in a higher concentration of cannabinoids.

1.2.71 Label - The term "label" means display of written, printed or graphic matter on the immediate container of any product containing cannabis.

1.2.72 Laboratory Control Sample (LCS) - The term "laboratory control sample (LCS)" means a blank matrix to which known concentrations of each of the target method analytes are added. The spiked concentration shall be within the calibration range of the method. The LCS shall be carried through the entire sample preparation process and shall be analyzed in the same manner as a representative sample. The LCS shall be made from a standard that is not from the same vendor, or from the same lot if only one vendor is available, that is used for the calibration curve.

1.2.73 Laboratory Replicate Sample - The term "laboratory replicate sample" means a sub-sample taken of the representative sample used for laboratory quality control purposes to demonstrate reproducibility. It is prepared and analyzed in the identical manner as the representative sample. The results from replicate analyses are used to evaluate analytical precision.

1.2.74 Limit of Detection (LOD) - The term "limit of detection (LOD)" means the lowest quantity of a substance or analyte that can be distinguished from the absence of that substance within a stated confidence limit.

1.2.75 Limit of Quantitation (LOQ) - The term "limit of quantitation (LOQ)" means the minimum concentration of an analyte in a specific matrix that can be reliably quantified while also meeting predefined goals for bias and imprecision. The LOQ can be no lower than the lowest calibration standard used in the analysis.

1.2.76 Linear Regression - The term "linear regression" means the determination, in analytical chemistry, of the best linear equation for calibration data to generate a calibration curve. The concentrate of an analyte in a sample can then be determined by comparing a measurement of the unknown to the calibration curve. A linear regression uses the following equation: y = mx + b; where m = slope, b = intercept.

1.2.77 Locked Storage Container - The term "locked storage container" means a secure storage/packing/loading container that may contain multiple individual cannabis containers for transport. A locked storage container is a fixed part of the vehicles used for transportation and is inaccessible to the driver during transport.

1.2.78 Manicure Batch - The term "manicure batch" means a specifically-identified quantity of cannabis harvested from plants that have not yet been cut down in a primary harvest batch.

1.2.79 Manufacture - The term "manufacture" means to compound, blend, extract, infuse or otherwise make or prepare cannabis products. The term "manufacture" includes the following processes:

A. Extraction;

B. Infusion;

C. "Post-extraction processing" or "post-processing," which means a process by which one or more active cannabinoids in cannabis concentrate are further concentrated either by chemical or physical means.

The term "manufacture" does not include the following:

A. The preparation of raw pre-rolls by a licensed cultivator

B. The collection of the resinous trichomes that are dislodged or sifted from the cannabis plant incidental to cultivation activities by a licensed cultivator.

The terms "manufacturing" or "process" may also be used with the same meaning.

1.2.80 Marketing - The term "marketing" shall mean the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large. The term also includes all representations disseminated in any manner or by any means, other than labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of medical cannabis.

1.2.81 Matrix - The term "matrix" means the substances that are present in a sample except for the analyte(s) of interest.

1.2.82 Matrix Spike Sample (MS) - The term "matrix spike sample (MS)" means a portion of an actual sample that is first spiked with a known quantity of target analytes, and then carried through the entire sample preparation and analysis process. The sample from which the portion to be spiked was taken shall be analyzed separately to determine endogenous background analyte concentrations. The MS is corrected for background concentrations and used to determine whether or not the sample matrix affects the sample results.

1.2.83 Matrix Spike Duplicate (MSD) - The term "matrix spike duplicate (MSD)" means the second portion of the actual sample used to prepare the MS that is spiked and processed in the same manner as the MS. The MS and MSD are used together to measure the precision of the methodology.

1.2.84 Mature Cannabis Plant - The term "mature cannabis plant" means a cannabis plant that is flowering.

1.2.85 M.D. - The term "M.D." means a Doctor of Medicine. Also includes M.D. as an abbreviation.

1.2.86 MDOR - The term "MDOR" means the Mississippi Department of Revenue, the agency which has the responsibility of licensing and regulating cannabis dispensaries.

1.2.87 Media - The term "media" shall mean the communication channels through which we disseminate news, movies, education, promotional messages, and other data. It includes, but is not limited to, physical and online newspapers and magazines, television, radio, billboards, telephone, internet, fax, social media and billboards.

1.2.88 Medical Cannabis - The term "medical cannabis" means cannabis and cannabis products that are intended to be used by registered qualifying patients as provided in the Act.

1.2.89 Medical Cannabis Establishment - The term "medical cannabis establishment" shall mean a cannabis cultivation entity, cannabis processing entity, cannabis testing entity, cannabis transportation entity, cannabis disposal entity, and/or cannabis research entity licensed and registered by the Department. Medical Cannabis Establishments may also be known as licensed entities, licensees, or establishments.

1.2.90 Medical Cannabis Establishment Representative - The term "medical cannabis establishment representative" means an owner holding a ten percent (10%) or greater economic interest in the establishment, director, officer, board member, manager, employee, volunteer or agent of a medical cannabis establishment. This term also includes independent contractors who perform services for a medical cannabis establishment if the establishment controls what will be done and how it will be done. Control can include, but isn't limited to, instructions on how work is to be done, direction on equipment to use to perform work, and training on required policies and procedures of the licensed establishment. All medical cannabis establishment representatives must possess a work permit.

1.2.91 Medical Cannabis Dispensary - The term "medical cannabis dispensary" means an entity licensed and registered with the MS Department of Revenue that acquires, possesses, stores, transfers, sells, supplies, or dispenses medical cannabis, equipment used for medical cannabis, or related supplies and educational material to cardholders. The terms "dispensary" and "cannabis dispensary" also have the same meaning.

1.2.92 Medical Cannabis Transportation Entity - The term "medical cannabis transportation entity" or "cannabis transportation entity" means an entity licensed and registered with the Mississippi State Department of Health that acquires, possesses, stores, transfers, and transports cannabis and/or cannabis products to other medical cannabis establishments licensed by the Mississippi State Department of Health and/or Mississippi Department of Revenue. The term "transporter" may also be utilized to describe these entities.

1.2.93 Method Blank - The term "method blank" means an analyte-free matrix to which all reagents are added in the same volumes or proportions as used in the sample preparation and is processed in exactly the same manner as the samples.

1.2.94 Micro-cultivation Entity - The term "micro-cultivation entity" means an entity licensed and registered with the Mississippi State Department of Health that produces (e.g., acquires, grows, cultivates, and harvests) medical cannabis in an indoor, enclosed, locked, and secure area. Micro-cultivation entities are owned by individuals who have been residents of the State Mississippi for three consecutive years prior to date of application to the Department and entities with equity ownership held by individuals who have been residents of the State of Mississippi for three (3) consecutive years prior to the date of application to the Department.

1.2.95 Micro-processing Entity - The term "micro-processing entity" means an entity licensed and registered with the Mississippi State Department of Health that acquires medical cannabis and manufactures cannabis products from unprocessed cannabis. Micro-processing entities are owned by individuals who have been residents of the State of Mississippi for three (3) consecutive years prior to date of application to the Department and entities with equity ownership held by individuals who have been residents of the State of Mississippi for three (3) consecutive years prior to the date of application to the Department.

1.2.96 Mississippi Medical Cannabis Act - The term "Mississippi Medical Cannabis Act" means Senate Bill 2095 passed during the 2022 Regular Session of the Mississippi Legislature and signed by the Governor and any reference to the codified section of the MS Code. The term "the Act" may also be utilized to reference the Mississippi Medical Cannabis Act.

1.2.97 MMCEU - The term "MMCEU" means Mississippi Medical Cannabis Equivalency Unit. One MMCEU shall be considered equal to:

A. Three and one-half (3.5) grams of medical cannabis flower;

B. One (1) gram of medical cannabis concentrate; or,

C. One hundred (100) milligrams of THC in an infused product.

1.2.98 Modification - The term "modification" means changes in structures, processes or activities at a cannabis cultivation facility that will alter the functions of cultivation structures, systems, and/or changes in the physical footprint of the cultivation facility.

1.2.99 Moisture Content - The term "moisture content" means the percentage of water in a sample, by weight.

1.2.100 Non-cannabis Waste - The term "non-cannabis waste" means the seeds, roots, stems, and stalks of a plant of the genus cannabis.

1.2.101 Owner - The term "owner" means, except where the context otherwise requires, a direct beneficial owner, including, but not limited to, all persons or entities as follows:

A. All shareholders with at least a 10% equity in a corporate entity;

B. All partners of a general partnership;

C. All general partners and all limited partners that own an interest in a limited partnership;

D. All members that own an interest in a limited liability company;

E. All beneficiaries that hold a beneficial interest in a trust and all trustees of a trust;

F. All persons or entities that own interest in a joint venture;

G. All persons or entities that own an interest in an association;

H. The owners of any other type of legal entity; and,

I. Any other person holding an interest or convertible note in any entity that owns, operates, or manages a medical cannabis establishment.

1.2.102 Package - The terms "package" or "packaging" means any container or wrapper that a medical cannabis establishment may use for enclosing or containing cannabis and/or cannabis products, except that "package" or "packaging" shall not include any carry-out bag or other similar container. Packaging is not considered processing.

1.2.103 Percent Recovery - The term "percent recovery" means the percentage of a measured concentration relative to the added (spiked) concentration in a reference material or matrix spike sample. A laboratory shall calculate the percent recovery by dividing the sample result by the expected result then multiplying the quotient by one hundred (100).

1.2.104 Permanent - The term "permanent" means a structure that is fixed in place.

1.2.105 Pesticide - The term "pesticide" means any substance or mixture of substances (organic or conventional) intended for preventing, destroying, repelling, or mitigating any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. "Pesticide" shall not include any article that is a "new animal drug" as designated by the United States Food and Drug Administration.

1.2.106 Physical Plant - The term "physical plant" means the necessary infrastructure used in the operations and maintenance of a cannabis cultivation facility. In addition to the buildings and facilities in which commercial cannabis activities are confined, the physical plant also includes the mechanical systems (lighting, ventilation, plumbing, heating and cooling, etc.) necessary to support operations. The actual cannabis plant(s) are not included in this definition.

1.2.107 Plant Batch - The term "plant batch" is a batch of identical immature plants logged into the seed-to-sale system as a group on the date received as clones or planted, whichever is earliest, and prior to maturing to the vegetative phase of growth.

1.2.108 Plant Growth Regulator Cannabis - The term "plant growth regulator cannabis" shall mean a cannabis plant whose growth and structure has been modified using plant growth hormones. A cannabis processing facility shall not process and/or manufacture plant growth regulator cannabis.

1.2.109 Practitioner - The term "practitioner" means a physician (MD/DO), certified nurse practitioner, physician assistant or optometrist who is licensed to prescribe medicine under the licensing requirements of his/her respective occupational board and the laws of this state. In relation to a nonresident cardholder, the term means a physician (MD/DO), certified nurse practitioner, physician assistant or optometrist who is licensed to prescribe medicine under the requirements of his/her respective occupational board and under the laws of the state or territory in which the nonresident patient resides. For registered qualifying patients who are minors, "practitioner" shall mean a physician (MD/DO) who is licensed to prescribe medicine under the licensing requirements of his/her respective occupational board and the laws of this state.

1.2.110 Principal Officer - The term "principal officer" means persons who have ultimate responsibility for implementing the decisions of the cannabis testing entity and, include but are not limited to, the Chief Executive Officer, Chief Administrative Officer, and Chief Financial Officer, as applicable.

1.2.111 Production Batch - The term "production batch" means a specifically identifiable quantity of cannabis products (e.g., cannabinoid concentrate or extract, infused, edible, or topical) that are processed in one production cycle using either the same extraction methods, manufacturing methods, or formula and the same standard operating procedures. Production batches shall be utilized:

(1) each time a product changes form physically or chemically;

(2) each time a product changes item category;

(3) when multiple item categories are combined; and/or

(4) anytime an additive, lipid, flavoring, or terpene is added to any cannabis product. Production batches identify when a cannabis product undergoes processing from item category to another and the new product requires a new set of compliance tests in final form.

1.2.112 Proficiency Test - The term "proficiency test" means an evaluation of a laboratory's performance against pre-established criteria by means of interlaboratory comparisons of test measurements.

1.2.113 Proficiency Test Sample - The term "proficiency test sample" means a sample that is prepared by a party independent of the testing laboratory with the ISO/IEC 17043 accreditation, where the concentration and identity of an analyte is known to the independent party but is unknown to the testing laboratory and testing laboratory employees.

1.2.114 Program - The term "program" means the Mississippi Medical Cannabis Program.

1.2.115 Provisional License - The term "provisional license" means a license issued by the Mississippi State Department of Health when a temporary condition of non-compliance with the regulations contained in this Part exists. A provisional license shall be issued only if the Mississippi State Department of Health is satisfied that preparations are being made to qualify for a regular license and that the health and safety of patients and the public will not be endangered. Business activities and operations can be limited by the Department for this licensure category.

1.2.116 Public Place - The term "public place" means a church or any area to which the general public is invited or in which the general public is permitted, regardless of the ownership of the area, and any area owned or controlled by a municipality, county, state or federal government, including, but not limited to, streets, sidewalks or other forms of public transportation. Such term shall not mean a private residential dwelling.

1.2.117 Raw Pre-Roll - The term "raw pre-roll" means a medical cannabis product that is produced by rolling, filling, or stuffing harvested cannabis flower, shake, and/or trim into paper, leaves or an equivalent wrapper and is intended for consumption by inhalation.

1.2.118 Registry Identification Card - The term "registry identification card" means a document issued by the Department that identifies a person as a registered qualifying patient, nonresident registered qualifying patient or registered designated caregiver.

1.2.119 Regular License - The term "regular license" means a license issued by the Mississippi State Department of Health when there is evidence of compliance with all applicable rules and regulations in this Part and components of the Mississippi Medical Cannabis Act.

1.2.120 Research and Development Testing - The term "research and development (R&D) testing" means optional testing performed before final compliance testing.

1.2.121 Residency - The term "residency" means a person's dwelling where a person typically stays or stays more often than other locations. Residency may be determined by the Department with submission of two (2) of the following: Mississippi Tax Return Form 80-105; ownership, lease or rental documents for primary residence; utility bills (electric, water, gas bills) for primary residence; and/or vehicle registration.

1.2.122 Revocation - The term "revocation" means the Department's final decision to revoke a license in accordance with Mississippi law.

1.2.123 Restricted Area - The term "restricted area" means a building, room or other contiguous area upon the permitted premises where cannabis is grown, cultivated, harvested, stored, weighed, packaged, processed for sale or sold (to other medical cannabis establishments, not directly to an individual), under control of the licensed cannabis cultivator.

1.2.124 Sanitize - The term "sanitize" means to adequately treat cleaned equipment, containers, utensils, or any other cleaned contact surface by a process that is effective in destroying vegetative cells of pathogens, and in substantially reducing numbers of other microorganisms, but without adversely affecting the product or its safety for the end-user/consumer.

1.2.125 School - The term "school" means an institution for the teaching of children, consisting of a physical location, whether owned or leased, including instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, public, private, church and parochial programs for kindergarten, elementary, junior high and high schools. Such term shall not mean a home instruction program.

1.2.126 Scope of Practice - The term "scope of practice" means the defined parameters of various duties, services or activities that may be provided or performed by a certified nurse practitioner as authorized under Miss. Code. §§ 73-15-5 and 73-15-20, by an optometrist as authorized under § 73-19-1, by a physician as authorized under § 73-25-33, or by a physician assistant under § 73-26-5, and rules and regulations adopted by the respective licensing boards for those practitioners.

1.2.127 Secure - The term "secure" means protected from danger or risk.

1.2.128 Seedling - The term "seedling" means a cannabis plant that has no flowers.

1.2.129 Seed-to-Sale System - The term "seed-to-sale system" means the specialized inventory management system utilized throughout the medical cannabis program that allows for the tracking of cannabis from early life cycle until final sale to a qualified patient or caregiver or disposal/destruction by a cannabis disposal entity.

1.2.130 THC - The terms "THC" or "Tetrahydrocannabinol" mean any and all forms of tetrahydrocannabinol that are contained naturally in the cannabis plant, as well as synthesized forms of THC and derived variations, derivatives, isomers and allotropes that have similar molecular and physiological characteristics of tetrahydrocannabinol, including, but not limited to, THCA, THC Delta 5, THC Delta 8, THC Delta 10 and THC Delta 6.

1.2.131 Tincture - The term "tincture" means a liquid edible cannabis product with a concentration of greater than 1 mg of THC per ounce of liquid.

1.2.132 Topical Cannabis Product - The term "topical cannabis product" means a THC-infused product intended for external application to human body surfaces and/or absorption through the skin, does not cross the blood-brain barrier and is not intended for consumption by oral ingestion.

1.2.133 Total CBD - The term "Total CBD" means the sum of CBD and CBDA. Total CBD is calculated using the following equation: Total CBD = CBD + (CBDA*0.877).

1.2.134 Total THC - The term "Total THC" means the sum of THC and THCA. Total THC is calculated using the following equation: Total THC = delta-9 THC + (THCA*0.877).

1.2.135 Total Yeast and Mold Count (TYMC) - The term "Total Yeast and Mold Count (TYMC)" means the total combined yeast and mold count in standardized planting methodologies and is usually expressed in number of colony-forming units (CFU).

1.2.136 Unique Identification Number - The term "unique identification number" means a unique number generated by the seed-to-sale system and assigned to all usable medical cannabis for the purpose of tracking cannabis from early life cycle until final sale to a qualified patient or caregiver or disposal/destruction by a cannabis disposal entity.

1.2.137 Unusable and Unrecognizable - The term "unusable and unrecognizable" means that anything containing THC shall be destroyed to prevent THC-containing material(s) from being accessed or consumed.

1.2.138 Usable Medical Cannabis - The term "usable medical cannabis" means any medical cannabis product that has completed all required growing/processing steps, is in the final form intended for sale or distribution and intended for use or consumption by qualifying patients as defined in the Mississippi Medical Cannabis Act. The term "retail-ready medical cannabis" may also be used.

1.2.139 Validation - The term "validation" means the confirmation by examination and objective evidence that the requirements for a specific intended use or analytical method are fulfilled.

1.2.140 Variance - The term "variance" means a Department granted exception to the rules contained in this Part.

1.2.141 Water Activity - The term "water activity" means the measure of the quantity of water in a product that is available and therefore capable of supporting bacteria, yeasts, and fungi and which is reported in units aw.

1.2.142 Work Permit - The term "work permit" means the official document issued by the Department that authorizes a person to function as a Medical Cannabis Establishment.

1.2.143 Written Certification - The term "written certification" means a form approved by the Department, signed and dated by a practitioner, certifying that a person has a debilitating medical condition. This written certification may also be referred to as a "practitioner certification".

Notes

15 Miss. Code. R. 22-1.2

Adopted 1/13/2024