Mississippi House Bill HB1267

Mississippi 2026 Regular Session

• Introduced: 1/19/26
• Refer: 1/19/26
• Failed: 2/3/26

Caption

AN ACT TO BE KNOWN AS THE MISSISSIPPI RETAIL MARIJUANA ACT; TO AUTHORIZE THE PERSONAL USE OF MARIJUANA BY PERSONS 21 YEARS OF AGE AND OLDER AND PROVIDE FOR THE REGULATION OF THE PERSONAL USE OF MARIJUANA BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE FOR THE LAWFUL OPERATION OF RETAIL MARIJUANA-RELATED FACILITIES; TO DIRECT THE DEPARTMENT TO ADOPT REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ACT; TO PROVIDE FOR THE MISSISSIPPI MARIJUANA CODE, WHICH PROVIDES FOR THE STATUTORY REGULATION OF THE PERSONAL USE OF MARIJUANA; TO PROVIDE DEFINITIONS FOR THE CODE; TO PROVIDE FOR THE APPLICABILITY OF THE CODE TO RETAIL MARIJUANA; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH IS THE STATE LICENSING AUTHORITY FOR THE CODE; TO PROVIDE FOR A SEED-TO-SALE TRACKING SYSTEM THAT TRACKS RETAIL MARIJUANA FROM EITHER THE SEED OR IMMATURE PLANT STAGE UNTIL THE RETAIL MARIJUANA PRODUCT IS SOLD TO A CUSTOMER AT A RETAIL MARIJUANA STORE; TO PROVIDE FOR LICENSING PROCEDURES BY THE STATE LICENSING AUTHORITY AND BY LOCAL LICENSING AUTHORITIES; TO PROVIDE WHICH PERSONS ARE PROHIBITED TO BE LICENSEES; TO PRESCRIBE REQUIREMENTS FOR RETAIL MARIJUANA BUSINESSES AND OWNERS; TO PROVIDE FOR DISCLOSURE OF FINANCIAL INTERESTS BY RETAIL MARIJUANA BUSINESS OWNERS; TO PROVIDE THE PROCEDURE FOR THE TRANSFER OF LICENSES; TO PROVIDE THE PROCEDURES FOR LICENSING AND LICENSE RENEWALS; TO PROVIDE THE DIFFERENT CLASSES OF RETAIL MARIJUANA BUSINESS LICENSES; TO PROVIDE FOR RETAIL MARIJUANA STORE LICENSES; TO PROVIDE FOR RETAIL MARIJUANA CULTIVATION FACILITY LICENSES; TO PROVIDE FOR RETAIL MARIJUANA PRODUCTS MANUFACTURER LICENSES; TO PROVIDE FOR RETAIL MARIJUANA TESTING FACILITY LICENSES; TO PROVIDE FOR RETAIL MARIJUANA TRANSPORTER LICENSES; TO PROVIDE FOR RETAIL MARIJUANA BUSINESS OPERATOR LICENSES; TO PROVIDE FOR RETAIL MARIJUANA ACCELERATOR CULTIVATOR LICENSES; TO PROVIDE FOR RETAIL MARIJUANA ACCELERATOR MANUFACTURER LICENSES; TO PROVIDE FOR MARIJUANA HOSPITALITY BUSINESS LICENSES; TO PROVIDE FOR RETAIL MARIJUANA ACCELERATOR STORE LICENSES; TO PRESCRIBE UNLAWFUL ACTS UNDER THE CODE; TO PROHIBIT THE OPEN AND PUBLIC CONSUMPTION OF MARIJUANA; TO CREATE THE MARIJUANA CASH FUND AS A SPECIAL FUND IN THE STATE TREASURY AND REQUIRE THE STATE LICENSING AUTHORITY TO DEPOSIT ALL MONEY COLLECTED UNDER THIS ACT INTO THE FUND; TO PROVIDE THAT THE STATE LICENSING AUTHORITY SHALL ESTABLISH FEES FOR PROCESSING THE APPLICATIONS, LICENSES, NOTICES OR REPORTS REQUIRED TO BE SUBMITTED TO THE STATE LICENSING AUTHORITY; TO PROVIDE THAT THE STATE LICENSING AUTHORITY MAY FINE A LICENSEE OR SUSPEND OR REVOKE A LICENSE FOR VIOLATIONS OF THIS ACT; TO PROVIDE FOR THE DISPOSITION OF UNAUTHORIZED MARIJUANA OR MARIJUANA PRODUCTS AND RELATED MATERIALS; TO PROVIDE FOR THE INSPECTION OF BOOKS AND RECORDS OF LICENSEES; TO PROVIDE FOR A RESPONSIBLE RETAIL MARIJUANA VENDOR SERVER AND SELLER TRAINING PROGRAM; TO AMEND SECTIONS 27-104-203, 33-13-520, 37-11-29, 41-29-125, 41-29-127, 41-29-136, 41-29-137, 41-29-139, 41-29-141, 41-29-143, 59-23-7 AND 63-11-30, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

Impact

One of the significant implications of HB 1267 is the establishment of a statewide regulatory structure for marijuana, which includes both state and local licensing requirements. The bill not only designates the State Department of Health as the licensing authority but also allows local jurisdictions to enforce regulations that may be stricter than state requirements. Additionally, the bill includes provisions for education and training concerning responsible consumption, emphasizing safety protocols in sales—including proof of age prior to purchase and penalties for non-compliance. This regulatory environment aims to reduce illegal sales and use while enhancing legal, tax-revenue-generating businesses.

Summary

House Bill 1267, known as the Mississippi Retail Marijuana Act, seeks to legalize the personal use of marijuana for individuals aged twenty-one and above. The bill outlines a comprehensive regulatory framework to govern the production, distribution, and sale of marijuana within the state. It mandates that all marijuana-related businesses be licensed by the state, with oversight provided by the State Department of Health, and establishes a seed-to-sale tracking system to ensure accountability throughout the supply chain. This legislation positions marijuana to be taxed similarly to alcohol, promoting its use alongside established restrictions aimed at minimizing abuse and protecting public health.

Contention

The passage of HB 1267 has not been without controversy. Proponents argue that the legalization of marijuana will generate additional tax revenue and create jobs, while also addressing issues related to law enforcement and personal freedoms in individual choice. On the other hand, opponents express concerns regarding the potential for increased use among minors, public health implications, and the challenges of enforcing responsible use regulations. Many advocates for prohibition argue that the full impact of legalization may not be fully understood until after implementation, particularly regarding public safety and health crises related to substance use.