Governor vetoes “Right to Try Medical Cannabis Act” over allowance for out-of-state residents

• Governor Tate Reeves also vetoed another medical cannabis-related bill that would have extended the time between caregiver background checks, among other provisions.

While the House concurred on the Senate’s version of two bills that made changes to the state’s medical cannabis program, Governor Tate Reeves (R) did not, vetoing both bills on Thursday.

One of the bills, HB 1152, would have allowed terminally ill patients who have undergone every other traditional treatment to give medical cannabis a try. The bill, titled the “Right to Try Medical Cannabis Act,” would have focused on those patients suffering from a condition that was not already included in the state’s approved list of qualifying conditions.

To achieve this, the patient would work with their physician to submit a petition to the Mississippi State Department of Health for approval. Under the bill, the State Health Officer, Dr. Daniel Edney, would have sole discretion to approve or deny those petitions.

The measure also would have allowed out-of-state residents or those who have been within the state for less than 45 days to obtain a Mississippi medical cannabis card from a licensed Mississippi medical provider. That provision of the bill is what Governor Reeves cited as a reason for his veto.

“The original intent of House Bill 1152 when filed was commendable, to afford to Mississippians with painful and debilitating terminal illnesses that do not qualify under the Act an opportunity to petition the State Health Officer for authorization to try medical marijuana,” Reeves stated in his veto message. “However, when HB 1152 reached the other legislative chamber, it was amended to extend the ‘right to try medical cannabis’ to every person on the planet.”

While Reeves agreed terminally ill patients “near the end of their life” should be able to try any “medication or treatment,” he disagreed with the amended version of the bill, citing Dr. Edney’s concerns with the bill’s additional language for out-of-state residents. 

“In the words of the State Health Officer: ‘The amendment making out-of-state residents eligible for the program, in our opinion, shifts the intent of the bill away from giving Mississippians the ability to work with their treating physicians in dire situation when all other options have failed. This policy position of MSDH was clearly communicated to leadership and in committee that we could only support this narrowly drafted and strict language and would not support anything to make the program more recreational in nature. Unfortunately, the amended language distorts the purpose of the bill’s original intent,'” Reeves wrote.

The governor’s veto of HB 1152 is shown below.

The second bill, HB 895, would have extended the time a licensed caregiver would need to undergo a background check to keep their license valid, allowing them to fill medical cannabis prescriptions for their patients.

The House version of the measure would have extended the background checks to five years, but the Senate changed it to two years. Background checks are now required to be submitted annually. 

The original House bill would have also extended the time a medical cannabis patient’s card was valid from the current term of one year to two years. However, the Senate also brought that period back to one year. 

In addition, HB 895 would have removed the mandate that patients undergo a six-month follow-up visit with their medical practitioner. Though, prior to being sent to Reeves, State Rep. Lee Yancey (R) said practitioners still maintained discretion in that matter.

Governor Reeves, in his veto message, took issue with HB 895 doing away with the six-month follow-up visit, increasing the potency of medical cannabis concentrates and tinctures, and the extension of the background checks for caregivers. 

“House Bill 895 seeks to erode three important safeguards contained in the Act to minimize the potential diversion of medical marijuana for recreational purposes,” Reeves wrote. “The requirement of a mandatory six-month follow-up visit to ensure the patient is receiving a therapeutic benefit from utilizing medical marijuana; requiring caregivers to pass an annual criminal background check; and capping the THC potency at 60% for oils and concentrates are reasonable and necessary checks and balances on the medical marijuana program and do not create unnecessary barriers.”

The governor’s veto of HB 895 is shown below.