35 Miss. Code. R. § 11-28-100

In addition to any applicable criminal actions, the following schedule shall be used when administratively disciplining dispensaries for violating statutory and/or regulatory requirements. The Department reserves the right to increase penalties based on aggravating circumstances. Graduating penalties as a result of multiple violations within a given time period shall be based on a rolling two-year period.

Violation

First Offense

Second Offense

Third Offense

Failure of an employee to possess an active work permit

$5,000

$10,000

$20,000 and one week suspension

Employment of someone under the age of 21 or with a disqualifying felony

$5,000

$10,000

$20,000 and one week suspension

Failure to assist Department during recall of product

$5,000

$10,000 and one week suspension

$20,000 and two week suspension

Failure to comply with approved security plan

$5,000

$10,000 and one week suspension

$20,000 and two week suspension

On-site use of cannabis or alcohol by employees

$5,000

$10,000 and one week suspension

$20,000 and two week suspension

On-site use of cannabis or alcohol by patient or nonemployee

$5,000

$10,000 and one week suspension

$20,000 and two week suspension

Permitting access to a noncardholder under the age of 21

$5,000

$10,000 and two week suspension

Revocation

Failure to sufficiently maintain records

$10,000

$10,000 and one week suspension

$20,000 and two week suspension

Extraction of THC on premises or possession, sale or storage of equipment that may be utilized for this purpose

$10,000

$20,000 and two week suspension

Revocation

Unlawful acquisition, transfer, purchase or sale of product unless otherwise listed

$10,000

$20,000 and two week suspension

Revocation

Sale in amounts exceeding applicable limits or type

$10,000

$20,000 and two week suspension

Revocation

Negligent failure to accurately track inventory

$5,000

$10,000 and one week suspension

$20,000 and two month suspension

Willful failure to accurately track inventory

$10,000 and one week suspension

$20,000 and two week suspension

Revocation

Falsification of records

$10,000 and one week suspension

$20,000 and two week suspension

Revocation

Sale to non-cardholder

$10,000 and one week suspension

$20,000 and two week suspension

Revocation

Refusal to permit access by ABC Agents as required by law

Two week Suspension

Revocation

Threat against law enforcement

Two week Suspension

Revocation

Opening a dispensary to patients during a license suspension period

Revocation

General Penalty if not specifically listed

$5,000

$10,000

$20,000 and one week suspension

Notes

35 Miss. Code. R. § 11-28-100
Adopted 7/1/2022

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No prior version found.