February 19, 2021 7 min read

Mississippi has not always been very cannabis-friendly, but the times are changing. The state has updated both their hemp and cannabis laws in recent years, but is Delta-8-THC legal in Mississippi?

Luckily, yes! Delta-8-THc seems to be covered under the state’s hemp laws, and new legislation specifically removed hemp materials from the state’s list of Controlled Substances.

Before you buy Delta-8-THC in Mississippi, here’s what you need to know about the state’s Delta-8-THC laws:

Disclaimer: We’re always working to stay informed on the latest Delta-8 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.

Table of Contents
Delta-8-THC and Federal Laws
Mississippi Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Mississippi?
Delta-8-THC Possession Limits in Mississippi
Is Delta-9-THC Legal in Mississippi?
Where to Buy Delta-8 in Mississippi
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Mississippi legalized hemp and all hemp derivatives after the 2018 Farm Bill became federal law. By legalizing hemp and removing it from their Controlled Substances Act, the state made hemp-derived Delta-8-THC legal statewide.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You can find it at a limited number of stores in Mississippi, but you can also buy legal Delta-8 online and have it shipped directly to your door.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

Two hemp flowers before harvest, the natural source of legal Delta-8.

Mississippi Delta 8 THC Laws

Mississippi has notoriously been slow to enact cannabis legislation, but did seem to act quickly to enact hemp legislation after the 2018 Farm Bill became federal law. According to the new legislation, hemp and CBD are both legal in the state, as are all other hemp derivatives so long as they meet the state’s legal requirements for “hemp” material.

The state defines hemp similarly to the federal definition. In Mississippi, hemp includes “Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (THC) concentration of not more than three-tenths percent (0.3%) on a dry weight basis,” so long as it is grown according to the state’s hemp plan.

Unlike neighboring state Arkansas, Mississippi also amended their Controlled Substances Act to specifically exclude hemp and all hemp-derivatives according to the same legal definition above. Several other states in the area, including Alabama and Tennessee, have made similar amendments to state law.

Here are some highlights from relevant Mississippi laws:

SENATE BILL NO. 2725

SECTION 2. Definitions.

(d) “Delta-9-tetrahydrocannabinol” means the sum of the percentage by weight of tetrahydrocannabinol acid multiplied by eight hundred seventy-seven thousandths (0.877) plus the percentage by weight of delta-9-tetrahydrocannabinol.

(g) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (THC) concentration of not more than three-tenths percent (0.3%) on a dry weight basis that is grown or processed under Sections 1 through 11 of this act.

SECTION 13. Section 41-29-113, Mississippi Code of 1972, is amended as follows:

41-29-113.

SCHEDULE I

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric) and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(23) (A) Marijuana (Hemp, as defined and regulated under Sections 1 through 11 of this act and Cannabidiol contained in a legend drug product approved by the Federal Food and Drug Administration or obtained under Section 41-29-136 * * *, are exempt under Schedule I);

(31) Tetrahydrocannabinols, meaning tetrahydrocannabinols contained in a plant of the genus Cannabis (cannabis plant), as well as the synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant such as the following:

(A) 1 cis or trans tetrahydrocannabinol;

(B) 6 cis or trans tetrahydrocannabinol;

(C) 3,4 cis or trans tetrahydrocannabinol.

(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of atomic positions, are covered.)

(“Tetrahydrocannabinols” excludes dronabinol and nabilone.)

For purposes of this paragraph, tetrahydrocannabinols do not include hemp or hemp products regulated under Sections 1 through 11 of this act.

Is Delta-8 a Controlled Substance in Mississippi?

After legalizing hemp for agricultural use, Mississippi also added the following phrasing to their Controlled Substances Act:

“Hemp, as defined and regulated under Sections 1 through 11 of this act and Cannabidiol contained in a legend drug product approved by the Federal Food and Drug Administration or obtained under Section 41-29-136 * * *, are exempt under Schedule I);”

Thanks to this phrasing, Delta-8-THC is not a Controlled Substance in Mississippi.

Delta 8 THC Possession Limits in Mississippi

Mississippi did not include any possession limits in their new hemp legislation. Therefore, there are no possession limits in place for Delta-8-THc derived from legal hemp material.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in Mississippi?

Mississippi has held out on cannabis legislation longer than many other states, but voters approved Proposition 65 by popular vote during the 2020 election.

This set forth new legislation to legalize cannabis for medical use for the treatment of 22 qualifying conditions. The new laws require the state to begin issuing medical cannabis cards to qualifying patients by August of 2021.

Recreational cannabis is still prohibited in Mississippi. The state has decriminalized possession to a point, and possession of up to one ounce of cannabis is punishable by a fine of up to $250 for a first offense.

Where to Buy Delta 8 in Mississippi?

Delta-8 vaporizers, a legal form of Delta-8 that may be found in stores in Mississippi and online.

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. Delta-8 is legal to buy in Mississippi, but may only be available in a limited number of stores.

It’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Do You Have to Be 21 to Buy Delta-8 in Mississippi?

There are no state regulations that place age restriction on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Mississippi according to state law, but you should read more about Delta-8 laws by stateto determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “SENATE BILL NO. 2725” http://billstatus.ls.state.ms.us/documents/2020/pdf/SB/2700-2799/SB2725SG.pdf
  5. “Proposed Initiative Measure 65” https://www.sos.ms.gov/content/InitiativesPDF/Proposed%20Initiative%20Measure.pdf

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