On February 2, 2022, Mississippi became the latest state to create a medical marijuana law. The Mississippi Medical Cannabis Act (MMCA) became effective immediately upon Governor Tate Reeves’s signature. Prior to enacting the MMCA, Mississippi allowed only the limited use of cannabidiol (CBD) oil, under Harper Grace’s Law. Miss. Code Ann. § 41-29-136. Although Mississippi now authorizes the use of medical cannabis to treat certain debilitating medical conditions, the new law contains no employment protections for workers that engage in such use. In fact, the law contains provisions explicitly stating that employers need not facilitate, accommodate, or otherwise allow for an employee’s use of medical cannabis, and cannot be sued for taking employment actions on the basis of such use.
Covered Conditions
Under the MMCA, the use of medical cannabis is permitted for individuals who suffer from “debilitating medical conditions,” as defined in section 2 of the Act, which include, but are not limited to, autism; cancer; Huntington’s disease; muscular dystrophy; glaucoma; Parkinson’s disease; Alzheimer’s disease; positive status for human immunodeficiency virus (HIV); acquired immune deficiency syndrome (AIDS); post-traumatic stress disorder; chronic, terminal, or debilitating diseases or medical conditions or their treatment that produce cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, or severe and persistent muscle spasms; and any other serious...
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