Cannabis capsules.
A proposal filed by State Representative Lee Yancey (R) and approved by the Mississippi House Public Health and Human Welfare Committee would create a new pathway for patients with serious illnesses that are not currently listed under Mississippi’s qualifying medical marijuana conditions to access the state’s program.
House Bill 1152, titled the Right to Try Medical Cannabis Act, allows a patient’s treating medical provider to petition the Mississippi Department of Health to authorize that patient to use medical marijuana even if their condition is not specifically included in the list of qualifying debilitating medical conditions under current law.
Under the bill, the patient must have an illness that is chronic, progressive, severely disabling or terminal in nature. Their physician, nurse practitioner, or physician assistant must maintain an ongoing provider–patient relationship and submit a formal petition to the department outlining the patient’s diagnosis, prognosis, past treatment history, and an explanation of how medical marijuana could provide benefit.
“Very simply, a person who has a condition that nothing else is working to bring them any type of relief may have their practitioner, doctor, petition the health department to let this person try medical cannabis,” Yancey said.
The State Health Officer would serve as the sole decision-maker on these petitions and would have 45 days to approve or deny the request. If approved, the patient would then become eligible to apply for a registry identification card under Mississippi’s existing medical marijuana program and would be subject to all current rules, limits, and regulations.
The measure specifies that decisions made by the State Health Officer would be final and could not be appealed in court. It also gives the Department of Health authority to limit the type, form, or volume of marijuana authorized for patients approved through this process based on public health and safety standards.
Medical providers who submit petitions in good faith would be shielded from civil, criminal, and administrative liability for recommending marijuana under this process. Patients approved under the bill would also be required to undergo periodic reevaluations by their provider at least once every 12 months.
The Department of Health would be required to submit an annual report to legislative leaders detailing how many petitions were received, granted, or denied, along with general categories of illnesses approved and any safety trends observed.
If enacted, the Right to Try Medical Cannabis Act would take effect July 1, 2026.
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