15 Miss. Code. R. 22-3.11 - Work Permit Licenses

3.11.1 A medical cannabis establishment representative as defined in this Part shall register for and obtain a work permit license issued by the Department before the individual may work for, volunteer at, or maintain his/her ownership interest of ten percent (10%) or greater, whether direct or indirect, in a medical cannabis establishment licensed by the Department.

3.11.2 To be eligible to obtain a work permit, an individual shall be at least twenty-one (21) years of age.

3.11.3 An applicant for an initial work permit or renewal of a work permit shall complete a fingerprint-based background check of the Mississippi Central Criminal Database and the Federal Bureau of Investigation Criminal History Database and shall not have a disqualifying felony offense.

3.11.4 A work permit license shall be valid for five (5) years from the date of issuance by the Department.

3.11.5 A medical cannabis work permit shall be the property of the licensed individual and non-transferrable.

3.11.6 Anyone holding a valid work permit shall provide written notification to the Department within ten (10) business days of a name change.

3.11.7 All applicants for a Work Permit shall complete the application required by the Department and include all documentation set forth in this Part, pay the appropriate nonrefundable application and fingerprinting/background fees to the Department, and be approved as a valid work permit license-holder by the Department prior to beginning work at/for a medical cannabis establishment licensed by the Department or the MDOR.

3.11.8 All information and documents required by the Department, including but not limited to, the following shall accompany an initial or renewal application for a medical cannabis work permit:

A. Current photograph, meeting the following requirements:

1. Clear, color photograph of the head and top of shoulders (headshot);

2. In a .jpg, .png, or .gif digital image format;

3. Taken in the last six (6) months to reflect the applicant's appearance;

4. Taken in front of a plain white or off-white background;

5. Taken in full-face view directly facing the camera at eye level with nothing obscuring the face;

6. With a neutral facial expression and both eyes open;

7. No hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Full face shall be visible, and the head covering shall not cast any shadows on the face;

8. Shall not be digitally enhanced to change the appearance of the applicant (e.g., use of "filters");

9. Other photo requirements as specified by the Department;

B. Copy of a current driver's license or state-issued ID card issued by the state department of motor vehicles;

C. Copies of all current state issued professional licenses;

D. Authorization for the Department to perform a criminal history records check;

E. An attestation that the information provided to the Department to apply for a medical cannabis establishment employee work permit and registration is true and correct;

F. Fees as required by the Department.

3.11.9 Application and Permit Fees: Initial and Renewal. The following nonrefundable fees are due and payable at the time of initial registration for a work permit and at the time of renewal of such permit:

A. Medical Cannabis Work Permit registration fee of $25.00.

B. Fingerprinting and Department background records check fee(s) in addition to the work permit registration fee.

C. All payments shall be made through the Department's electronic payment system(s) found on the Department's website.

3.11.10 Medical cannabis establishments shall not employ any person who has been convicted of a disqualifying felony offense as defined in this Part.

3.11.11 The Department may deny an application for registration or renewal of a work permit for any of the following reasons:

A. Failure to provide the information required in this Part;

B. Failure to meet the requirements set forth in this Part;

C. Provision of misleading, incorrect, false or fraudulent information;

D. Failure to pay all applicable fees as required; and/or,

E. Any other grounds that serve the purposes of this Part.

3.11.12 If the Department denies an application for registration or renewal of a work permit, the Department shall notify the applicant in writing of the Department's decision, including the reason for denial.

3.11.13 If an individual does not complete the continuing education required by this Part, the Department may revoke the individual's work permit or suspend the work permit until such time as the education requirements are completed.

3.11.14 The Department may fine, suspend or revoke the work permit issued by the Department for a violation of any rules and/or regulations in this Part or any disqualifying felony offense.

3.11.15 A medical cannabis work permit applicant or registered permit-holder aggrieved by a decision of the Department denying, suspending or revoking registration of a medical cannabis work permit or imposing a fine or other penalty, the applicant permit-holder may file an administrative appeal in writing with the Department within twenty (20) days of receipt of the initial notice of the decision. If an applicant permit-holder fails to appeal within twenty (20) days of receipt of the initial notice, the Department's decision becomes final.

3.11.16 The hearing decision of the Department on the denial of an application for registration or renewal of a work permit, or the revocation or suspension of a work permit, is a final decision of the Department. Any person or entity aggrieved by a final decision of the Department under the provisions of this Part may petition for judicial review of the decision as provided in Miss. Code § 41-137-59.

Notes

15 Miss. Code. R. 22-3.11

Miss. Code Ann. §§ 41-137-1 - 41-137-67.

Adopted 1/13/2024