Does a private dance studio count as a 'school' for the medical cannabis dispensary 1,000-foot buffer in Mississippi?

Plain-English summary

Boyle considered a permit for a medical cannabis dispensary within 1,000 feet of two private dance studios. The dance studios offer lessons to children K-4 through high school but have no connection to a regular school. The town attorney asked whether the dance studios qualify as "schools" for SB 2095's 1,000-foot dispensary buffer.

The AG: no.

Section 19(2) of SB 2095: "The main point of entry of a medical cannabis establishment shall not be located within one thousand (1,000) feet of the nearest boundary line of any school, church or child care facility."

Section 2(gg) defines "school" as an institution with:

• A physical location (owned or leased)
• Instructional staff members and students
• In session each school year
• Including (not limited to) public, private, church, and parochial programs for K, elementary, junior high, and high schools
• Excluding home instruction programs

The AG read this definition consistent with the Compulsory School Attendance Law (Section 37-13-91), which uses similar language and defines a "school year" as about 180 days.

A dance studio doesn't fit. It's not a K-12 institution. It doesn't have a "school year" in the 180-day sense. It teaches dance, not the curriculum required for grade promotion.

The Legislature's separate inclusion of "child care facility" in the buffer rule indicates "school" was meant in the conventional K-12 sense, not as a catchall for any place children get instruction.

What this means for you

For towns and dispensary applicants

Under the opinion, an independent dance studio "is not a 'school' as contemplated by the Mississippi Medical Cannabis Act," so the 1,000-foot buffer in Section 19(2) does not keep a dispensary away from a dance studio. The AG reaches that by reading "school" in Section 2(gg) as a physical K-12 institution "in session each school year," cross-referencing the Compulsory School Attendance Law, where "school year" means about 180 days and the defined schools are ones that "promote children from grade to grade." The opinion does not address other kinds of instruction venues (music schools, tutoring, and the like); it answers the dance-studio question that was asked, and the buffer still runs from "the nearest boundary line of any school, church or child care facility."

For dance studio owners and nearby residents

The opinion means a medical cannabis dispensary is not barred by Section 19(2) from locating within 1,000 feet of a dance studio, because the studio is not a "school" under the Act's definition. The opinion does not weigh in on local zoning, additional buffers, or community process; it interprets one statutory definition.

Common questions

Q: Does a private dance studio count as a "school" for the medical cannabis buffer?
A: No. The opinion holds an independent dance studio "is not a 'school' as contemplated by the Mississippi Medical Cannabis Act," even though it teaches children, because it is not a K-12 institution in session each school year.

Q: What is the buffer the question was about?
A: Section 19(2) of S.B. 2095: "[t]he main point of entry of a medical cannabis establishment shall not be located within one thousand (1,000) feet of the nearest boundary line of any school, church or child care facility."

Q: How does the Act define "school"?
A: Section 2(gg) defines it as "an institution for the teaching of children, consisting of a physical location, whether owned or leased, including instructional staff members and students, and which is in session each school year," including public, private, church, and parochial K-12 programs but not a home instruction program.

Q: Why did the AG read "school" so narrowly?
A: The opinion ties the definition to the Compulsory School Attendance Law, where "school year" means about 180 days and the schools listed promote children from grade to grade. It also reasons that because the Legislature separately listed "child care facility" in the buffer, "school" was not meant to cover every place children receive instruction.

Q: Do private and church K-12 schools count?
A: Yes. The quoted Section 2(gg) definition expressly includes "public, private, church and parochial programs for kindergarten, elementary, junior high and high schools." It excludes a "home instruction program."

Background and statutory framework

The opinion turns on two provisions of the Mississippi Medical Cannabis Act (Senate Bill 2095, 2022 Regular Session): the buffer in Section 19(2) and the definition of "school" in Section 2(gg).

Definition of "school" (Section 2(gg)):

[A]n institution for the teaching of children, consisting of a physical location, whether owned or leased, including instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, public, private, church and parochial programs for kindergarten, elementary, junior high and high schools. Such term shall not mean a home instruction program.

The opinion interprets "in session each school year" by reference to the Mississippi Compulsory School Attendance Law (Section 37-13-91), whose parallel "nonpublic school" definition requires a school "in session each school year for at least one hundred eighty (180) school days," with the nonpublic-school term measured by "the number of days that each school shall require for promotion from grade to grade." It cites Section 37-13-63(1) for the 180-day session requirement and Section 1-3-65 for the rule that statutory words are used "according to their common and ordinary acceptation and meaning." The opinion adds that the Legislature's separate inclusion of "child care facility" in Section 19(2) shows "school" "does not include all places where children may receive instruction."

Citations and references

Statutes:

• Miss. Code Ann. § 1-3-65, common and ordinary statutory meaning
• Miss. Code Ann. § 37-13-63, school year definition (180 days)
• Miss. Code Ann. § 37-13-91, Compulsory School Attendance Law
• Senate Bill 2095, 2022 Regular Session, §§ 2(gg) (school definition) and 19(2) (1,000-foot buffer)

Prior AG opinions cited:

• MS AG Op., Johnson (Dec. 3, 2002), school definition under attendance law

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/08/J.Povall-August-2-2022-Definition-of-School-in-Senate-Bill-2095.pdf

Original opinion text

August 2, 2022

J. Kirkham Povall, Esq.
Attorney, Town of Boyle
Post Office Drawer 1199
Cleveland, Mississippi 38732

Re: Definition of School in Senate Bill 2095

Dear Mr. Povall:

The Office of the Attorney General has received your request for an official opinion.

Background

According to your request, an individual recently approached officials with the Town of Boyle requesting a permit to operate a medical cannabis dispensary that will be located within 1000 feet of two private dance studios. The dance studios offer private dance lessons to students ages K-4 through high school. The students are taught by the owners of the dance studios. There is no indication that the dance studios have a connection to any kindergarten, elementary, junior high, or high school.

Question Presented

Is a dance studio considered a "school" under the definition provided by the Mississippi Medical Cannabis Act?

Brief Response

It is the opinion of this office that a dance studio is not a "school" as defined by the Mississippi Medical Cannabis Act.

Applicable Law and Discussion

Section 19(2) of Mississippi Medical Cannabis Act ("S.B. 2095") states, in part, that "[t]he main point of entry of a medical cannabis establishment shall not be located within one thousand (1,000) feet of the nearest boundary line of any school, church or child care facility." Senate Bill 2095, 2022 Regular Session.

Under Section 2(gg) of S.B. 2095, "school" is defined as:

. . . an institution for the teaching of children, consisting of a physical location, whether owned or leased, including instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, public, private, church and parochial programs for kindergarten, elementary, junior high and high schools. Such term shall not mean a home instruction program.

"All words and phrases contained in the statutes are used according to their common and ordinary acceptation and meaning. . . ." Miss. Code Ann. § 1-3-65. The definition of "school" in S.B. 2095 follows that of the Mississippi Compulsory Attendance Law, codified at Section 37-13-91, which requires all compulsory-school-age children to be enrolled in and attend a public school or legitimate nonpublic school for the period of time the child is of compulsory school age. See MS AG Op., Johnson at *1 (Dec. 3, 2002). "School" is defined as a public school, charter school, or nonpublic school, "which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade." Miss. Code Ann. § 37-13-91(2)(e) (emphasis added). A nonpublic school is defined as "an institution for the teaching of children, consisting of a physical plant, whether owned or leased, . . . instructional staff members and students, and which is in session each school year." Id. at (2)(i). "This definition shall include . . . private, church, [and] parochial . . . programs." Id.

Like Section 2(gg) of S.B. 2095, the Mississippi Compulsory School Attendance Law similarly uses the phrase "school year" to define a "school," differentiating it from other programs which may offer some form of instruction to students, whether they are children or adults, but which do not promote children from grade to grade. Miss. Code Ann. § 37-13-91(2)(e). The common and ordinary use of the phrase school year is, as found in the Mississippi Compulsory School Attendance Law, a term of about 180 days. Id. See also Miss. Code Ann. § 37-13-63(1) (stating school shall be in session at least 180 days a year).

Section 19(2) of S.B. 2095 sets the distance requirement for medical cannabis establishments as 1,000 feet from schools, as well as child care facilities. The Legislature's inclusion of "child care facility" as well as "school" indicates that "school," as contemplated here, does not include all places where children may receive instruction.

The definition in S.B. 2095, § 2(gg) declaring that "schools" are physical institutions that provide programs of educational instruction for kindergarten, elementary, junior high, and high schools and in session each school year aligns with the well-understood, ordinary meaning of school. It is the opinion of this office that an independent dance studio is not a "school" as contemplated by the Mississippi Medical Cannabis Act.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Misty Monroe
Misty Monroe
Assistant Attorney General