Mississippi House Bill HB1265

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Screening and approval program for retail sale of products containing certain substances; establish.

Impact

The bill is intended to mitigate the risks associated with over-the-counter substances that can be misused and may pose public health challenges. By implementing the screening and approval program, it seeks to regulate the sale of these products more tightly, thereby enhancing consumer safety and minimizing instances of substance misuse. Local governments retain the ability to enact ordinances that may limit or prohibit these sales further, ensuring that the bill does not override existing local regulations that aim to protect community health.

Summary

House Bill 1265 aims to establish a screening and approval program for the over-the-counter availability and retail sale of products that contain substances potentially subject to recreational use or abuse. The bill, presented by Representative Yancey, defines the substances targeted as those that can be used without physician supervision and have unpredictable effects that can lead to dependence or harm. The program will be administered by the State Department of Health, ensuring that certain substances like bath salts and kratom undergo a rigorous approval process before being sold to consumers.

Contention

Notably, the bill has sparked discussions about the balance between state regulation and local control. While many support the intention of reducing substance availability that leads to abuse, concerns remain about the effectiveness of the approval process and the potential for bureaucratic delays in addressing emerging substances. Additionally, manufacturers and distributors of the substances will have a designated appeal process if their product's sale is denied, allowing for some degree of industry feedback. However, the overall efficacy and enforcement of the program are points of contention that could lead to further legislative debate.