Although Mississippi legislators failed to ban hemp-based intoxicants during this session of legislative sessions, the top state legal advisor for government officials stated that these products are prohibited already in the Magnolia State.
The State Attorney General Lynn Fitch released an opinion, on June 11, that Mississippi’s Uniform Controlled Substances Law prohibits the sale and distribution of products that contain hemp derivatives and are not FDA-approved.
She wrote: “Marijuana, THC and other controlled substances are listed in Mississippi Schedule I.”
Lynn explained that there is only one exception: products sold by licensed medical cannabis dispensaries, which are subject to state regulation. Medical Cannabis Act The Republican governor. Tate Reeves The Significance of the Word “Significance” into law on Feb. 3, 2022—456 days after voters approved a medical cannabis initiative that the state’s Supreme Court Overturned. Sales at dispensaries launched In January 2023,
Fitch gave its opinion in response to Rep. Lee Yancey (R-Rankin), who asked for clarification after his bill to ban intoxicating products of hemp. House Bill 1502The Mississippi Legislature adjourned its session on April 3, and the date was marked on the calendar.
Fitch replied, but she added that the office could not comment on federal laws.
Because the federal government has legalized hemp farming in Mississippi, it is regulated and governed by law. A complete answer to your question is beyond the scope for an official opinion, wrote the Attorney General.
The 2018 Farm Bill legalized hemp and defines it as a hemp plant that does not contain more than 0.3% THC delta-9 on a weight basis of the dry material during a field test conducted before harvest. However, this federal law doesn’t include any provisions for regulating finished products, like delta-8 THC gummies or THCA vapes, or other cannabinoids derived from or synthesized using hemp plants.
The intoxicating hemp-based products can often be purchased in vape and smoke shops, as well in grocery and convenience stores. This is especially true in Mississippi and other states where the laws and regulations aren’t enforced.
Hemp is grown legally in Mississippi through a federal license under the U.S. Department of Agriculture’s Domestic Hemp Production Program.
While state legislators passed the Mississippi Hemp Cultivation Act in 2020 to legalize the state’s hemp cultivation program, the Legislature never appropriated necessary funding to implement the program under the law—meaning the only legal option to grow hemp is through the federal program—according to the Mississippi Department of Agriculture and Commerce.
The 2018 Farm Bill defines hemp as a crop in Mississippi.
Fitch stated that the Uniform Controlled Substances Law in the state could prohibit the possession or sale of hemp consumable products that are not FDA-approved, but she responded with a contradictory statement.
Mississippi’s attorney general said that the state law doesn’t specifically cover the sale or possession of products made from hemp plants for consumption by humans. Writer. “However, as implied by your questions, the Mississippi Medical Cannabis Act … allows for the sale and possession of Medical professionals can be contacted by calling (909) cannabis products, including edible cannabis products.”
In the absence legal clarity, Yancey – a House Drug Policy Committee member – sponsored the now-dead legislation 2025 that was intended to ban hemp-based intoxicants in Mississippi. Certain low-THC beverage products would be allowed to sell to adults 21 and over. This legislation was also meant to allow the Mississippi State Department of Health (MSDH) to regulate CBD-based products.
The FDA has repeatedly asked Congress to provide funding and take charge of the CBD regulation.
While Yancey’s legislation for 2025 passed in the Mississippi House by an 82 to 27 vote, the Senate approved an amended version in a 35 to 16 vote. However, this bill stalled and was kept on the desk due in part, because of public backlash, over the approval of hemp-derived THC beverage.
Yancey said that the 2025 law was based on his three-year-old medical marijuana legalization bill, which he spearheaded to prevent children from getting access to intoxicating hemp products. SuperTalk Mississippi Media reported.
“These [products] Yancey, a reporter for the outlet’s news service in April, said that the drugs are being sold at gas stations and supermarkets and will spread across the state. We had the chance to stop it.”