Mississippi has a lengthy history of cannabis production and research, and is home to the first university to ever be granted a cannabis research contract by the federal government. Still, the state has not exactly kept up with the cannabis market as it’s expanded, leaving many residents to wonder “Is CBD legal in Miss Are you wondering whether cannabis and CBD are legal in Mississippi? If so, this article is for you. Here's all you need to know.
Is CBD Legal in Mississippi?
Mississippi has a lengthy history of cannabis production and research, and is home to the first university to ever be granted a cannabis research contract by the federal government.
Still, the state has not exactly kept up with the cannabis market as it’s expanded, leaving many residents to wonder “Is CBD legal in Mississippi or not?”
Thankfully, the state’s cannabis laws seem to be progressing, and they finally created a medical cannabis program in 2020.
Now, CBD products are accessible across the state, though there are restrictions regarding the CBD to THC ratio of products sold in the state. Access to CBD is expected to continue to expand, especially as the state’s new medical cannabis program takes off.
For now, here’s what you need to know about Mississippi CBD laws:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
- Mississippi was the first state to begin government sanctioned cannabis research in the 1960s, but cannabis legislation has remained limited in the state. Now, CBD is legal, but it must meet stringent requirements regarding THC content.
- The state also has no minimum age requirements, but it may not be easy to access CBD in stores for consumers who are under 21.
- Doctors in Mississippi may recommend CBD, but you don’t need a prescription to access it. Some CBD products, like cannabis-derived CBD, may only be accessible through the states medical cannabis program.
- CBD may be accessible at a variety of locations in Mississippi, but the quality is in question. Certain practices, like buying CBD online and properly vetting your CBD brand, may reduce the risks of buying low-quality formulas.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in Mississippi?
Initially, Mississippi made very little response to the 2014 and 2018 Farm Bills. In 2014, Governor Phil Bryant passed HB 1231, known as “Harper Grace’s Law” to offer medicinal access to low-THC cannabis extracts through the University of Mississippi’s Department of Pharmacy Services.
The bill was restrictive, requiring that all cannabis products be made from cannabis grown through the University’s National Center for Natural Products Research program. Patients with qualifying conditions could access CBD products that contain at least 15% CBD and no more than 0.05% THC by weight.
In 2019, the state passed HB 1547, a bill that altered the test of the state’s controlled substances list. The new laws legalized CBD and made it accessible throughout the state, but it’s still subject to various restrictions. CBD sold in the state but contain at least 50mg of CBD per mL with no more than 2.5 mg of THC.
Mississippi was one of the very last states (alongside Idaho) to introduce a hemp cultivation program within the state. Under HB 1547, the state established the Mississippi Hemp Cultivation Task Force under the authority of the Commissioner of Agriculture and Commerce, who were responsible for providing insight into the costs and benefits of hemp agriculture in the state.
Finally, in June 2020, the state passed SB 2725, a bill that allowed the government to create and enforce an agricultural hemp program similar to the hemp pilot programs in Arkansas or Kentucky. Unfortunately, funding was delayed, leaving hemp growers with the option of applying for a hemp growing license with the USDA.
Although CBD’s accessibility may be limited in the state until it irons out it’s new hemp agriculture plans, CBD is considered legal. The state requires CBD products to have at least a 20:1 ratio of CBD to THC, and the products must meet federal guidelines, including that they are derived from industrial hemp and contain less than 0.3% THC by weight.
Is full spectrum CBD legal in Mississippi?
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full spectrum CBD products may cause trouble in states where cannabis is illegal.
Luckily, Mississippi has no laws restricting full spectrum CBD products that contain 0.3% THC or less.
Does Mississippi have a CBD possession limit?
To date, there are no possession limits for CBD products that meet legal guidelines. CBD products that contain over 0.3% THC, or more than 2.5 mg of THC per mL, may be classified as cannabis products, which are illegal for recreational use in Mississippi. The state will allow access to cannabis-derived CBD to qualifying patients, but these products may be subject to different possession laws and requirements.
Can doctors prescribe CBD in Mississippi?
In Mississippi, you do not need a prescription to access CBD products. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, like Mississippi, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in Mississippi?
In Mississippi, there are a few specific regulations on the sale of CBD products that meet federal requirements, but CBD remains widely accessible in the state. That means that CBD may be accessible in many places, including corner stores and grocery markets.
Still, the state imposes no regulations to ensure consumer safety, and this lack of regulation can be risky.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Legal age to buy CBD in Mississippi ?
The legal age to buy CBD is fuzzy, even when looking at federal regulations. In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
In Mississippi, there are no statewide regulations regarding the legal age to buy CBD. Instead, these laws may vary by jurisdiction and are more heavily impacted by the seller. Since the legal age for tobacco products has been raised to 21, many smoke shops may require users to be 21.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Mississippi. In Mississippi, parents and guardians may distribute medicinal CBD to patients who are under the age of 18, but giving CBD to a child requires a doctor’s guidance through the state’s medical program.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Mississippi, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
CBD Oil in Mississippi [Updated Guide]
There is unquestionably a ‘disconnect’ between many states in America regarding marijuana legality. We have cannabis-friendly states such as California, Colorado, and Oregon on one side. On the other, there remain staunch anti-marijuana locations, including Kansas and Idaho.
In general, you know where you stand legally in each state regarding cannabis. The same can’t be said for CBD. Most states permit its use even if many don’t have specific legislation. However, obscure local and county laws can confuse residents.
This is why we have created guides to inform you of the situation regarding cannabidiol in various states. This article takes a look at whether CBD oil is legal in Mississippi. It also outlines where you can purchase the substance and briefly investigates the Magnolia State’s marijuana laws.
Is CBD Legal in Mississippi?
The 2018 Farm Bill may have legalized industrial hemp cultivation. However, it didn’t permit CBD on a federal level. As a result, each state has different cannabidiol laws. In Mississippi, CBD oil is legal for medical use, although the rules are not the same as most other states.
House Bill 1231 (Harper Grace’s Law), legislation passed by the House and Senate in 2014, was the first law that officially legalized CBD in some capacity. However, it was a restrictive measure, as the CBD had to come from one of three approved research centers.
It also had to contain at least 15% CBD and a maximum of 0.5% THC. Furthermore, a licensed physician in the state had to obtain it for a patient. The physician was also responsible for directly supervising the administration of the oil.
Moreover, only patients with a debilitating epileptic condition could apply.
Fortunately, the state changed its stance. Mississippi has become less harsh in its anti-cannabinoid crusade. Lawmakers passed SB 2610 in 2017. It permitted CBD use in researching several medical conditions, including the treatment of seizures.
However, it wasn’t until July 2019 that the state officially legalized CBD for the general population via House Bill 1547. The law removed hemp-derived CBD products from the Schedule I controlled substance list.
Does Mississippi Have a Possession Limit?
No, but the state is stricter regarding regulating CBD products. HB 1547 specifically legalized CBD products with at least 50mg of CBD per ml. Also, the maximum level of THC is 2.5mg per ml. Therefore, a 30ml bottle of CBD oil must contain at least 1,500mg of CBD and no more than 75mg of THC.
In essence, CBD products need to have a CBD to THC ratio of at least 20:1. This contrasts with most states that allow products with a maximum THC content of 0.3%, with no minimum CBD content.
HB 1547 also established a hemp cultivation task force to look into the benefits and economic costs of hemp growing.
Where Can I Buy CBD in Mississippi?
If you decide to use CBD in Mississippi, make sure you only use brands that offer third-party lab reports. This information enables you to determine how much CBD and THC are in each product. Otherwise, you could find yourself in trouble. Possessing any amount of CBD with over 2.5mg of THC per ml is illegal. Police in the state will also arrest anyone in possession of a product that resembles cannabis.
Despite the restrictions, many physical stores sell CBD in Mississippi. Here are five with positive customer reviews.
However, you may find that relying on a reputable online brand is a better idea. Top-rated companies such as PureKana and Premium Jane sell to most states with a handful of exceptions.
What Are the Marijuana Laws in Mississippi?
On November 3, 2020, 74% of voters said ‘yes’ to Initiative 65, legalizing medical marijuana in the state.
According to Initiative 65, the Mississippi Department of Health had to create rules and regulations for an MMJ program by July 1, 2021. The Department was also supposed to issue ID cards and treatment center licenses by August 15, 2021. However, it became a long and drawn-out affair due to a legal challenge filed by the Mayor of Madison, Mary Hawkins Butler.
This meant the program was delayed, but finally, in February 2022, Governor Tate Reeves signed an MMJ bill into law. However, Mississippi residents must wait patiently for legal sales to begin. Therefore, at present, the existing penalties for marijuana sale, possession, and use still apply in the state.
Cannabis Penalties in Mississippi
Mississippi law has decriminalized the possession of up to 30 grams of marijuana. However, the state issues harsh penalties beyond that. When caught with under 30 grams of cannabis, a second offense is a misdemeanor and results in up to 60 days in prison with a five-day jail term, the mandatory minimum. A third offense could see you spend up to six months in jail.
If you have over 30 grams of marijuana, it is a felony crime with a jail term of up to three years. It doesn’t matter if it is your first offense. Once caught with 250+ grams, you could receive a prison term of eight years.
Don’t get caught in #4…
The sale of any amount of cannabis in Mississippi is a felony and carries jail time of up to three years. Once the amount exceeds 500 grams, the maximum sentence increases to 20 years. Incidentally, selling to a minor or within 1500 feet of a church, school, or another designated area is a felony that carries double prison time and fines.
The possession of any amount of hash or concentrates is a potential felony. The possession of over 30 grams could see you spend 30 years in jail. The maximum fine is $1 million!
How to Get a Hemp Grower’s License in Mississippi
The 2018 Farm Bill legalized the cultivation of the crop federally. However, the onus is on states to take the first step. This involves submitting a hemp growing program to the United States Department of Agriculture (USDA) for approval. Mississippi was one of the few states to hold out on legalizing hemp growing initially.
Fortunately, common sense prevailed in the state. In March 2020, Senate Bill 2725 easily passed the House. The Senate then amended the bill, and the House concurred with the changes.
Mississippi finally passed the Act into law in June 2020. It legalized hemp cultivation and directed the Commissioner of Agriculture and Commerce to create a plan. However, farmers looking to grow hemp must send their hemp production applications directly to the USDA. This is because Mississippi lawmakers decided not to provide the funding needed for a state program.
Therefore, you must create an account using the Hemp eManagement Platform (HeMP) and use it to send a USDA Hemp Application. It is also necessary to provide a copy of your FBI criminal history report. You are deemed ineligible if you have been convicted of a felony related to a controlled substance in the last ten years.
Prospective hemp growers should consider contacting the Mississippi Industrial Hemp Association (MIHA). It is a non-profit organization that offers education, resources, and practical expertise for anyone interested in cultivating hemp. It costs $200 per annum to join MIHA, which takes 30% of your annual product profits.
Clearing up the confusion…
Final Thoughts on Cannabis and CBD Laws in Mississippi
Mississippi residents voted overwhelmingly to allow cannabis in November 2020. However, a flaw in the state’s ballot initiative process meant the Mississippi Supreme Court struck the program down.
Fortunately, MMJ is now a reality in the state, with the governor signing the Mississippi Medical Cannabis Act into law in February 2022. However, sales have yet to begin, so please note that the existing marijuana penalties apply even if you’re eligible for MMJ.
Rather than risking imprisonment, it is best if you consider using CBD in Mississippi instead. The cannabinoid is legal, but products must contain at least 50mg of CBD per ml and a maximum of 2.5mg of THC per ml.
In some ways, the state’s stance on cannabidiol isn’t a bad compromise at all. Customers are guaranteed products with significant amounts of CBD. It is handy in an unregulated industry to know that you’ll get plenty of CBD for your cash. Also, the low THC level means you don’t have to worry about intoxication. Nonetheless, make sure you only buy from physical stores or online brands that provide third-party lab testing.