MS HB1120

Establishes a screening and approval program within the State Department of Health to regulate over-the-counter availability and retail sale of products containing substances with potential for recreational use or abuse, including bath salts, kratom, and tianeptine.

Grants the State Health Officer authority to approve or deny products based on anecdotal, scientific, or other relevant evidence, with determinations based on criteria including use without physician supervision, unpredictable effects, and potential for dependence or harm.

Creates an appeal process allowing manufacturers or distributors to appeal denials to the State Board of Health within 30 days, with the State Health Officer reviewing supporting documents to determine appeal merit.

Requires the State Department of Health to establish rules and regulations necessary to implement and administer the program.

Preserves existing local ordinances and regulations enacted before July 1, 2025, that limit or prohibit such products, and allows municipalities and counties to enact additional restrictions after that date.