Is Delta-8 Legal in Mississippi? (2024 Update)

by Kat Austin February 19, 2021 6 min read

Is Delta-8 Legal in Mississippi? (2024 Update) - Vida Optima™

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

Mississippi's Delta-8 laws are not very clear cut, though it seems that the state has not explicitly banned Delta-8 products. While many people point out that Mississippi has not removed Delta-8 from its controlled substances list, others point to the many Delta-8 products still being sold in the state. 

Before you buy Delta-8-THC in Mississippi, let's talk about why the legal parallels exist:

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.

Is Delta 8 THC Legal in Mississippi?

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 legal according to federal legislation and Mississippi legislation closely matches federal ruling. 
  • Mississippi legalized hemp after the 2018 Farm Bill became federal law, but they have contradictory laws regarding Delta-8.
  • For now, Delta-8 seems to be available in the state.
  • In states where Delta-8 is legal you generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp, and you can buy legal Delta-8 online and have it shipped directly to your door.

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

However, the new law, which explicitly legalizes hemp THC isomers like Delta-8, is in direct contradiction to HB 1547, where the state still lists all THC isomers as Controlled Substances.

Furthermore, the state has run into trouble enforcing a ban due to potency laws. In order for law enforcement to make a Delta-8 related charge, they must be able to identify a dosage unit. Many Delta-8 products, like gummies and vapes, contain 1 milliter or less of hemp extract, which is too small of a quantity for law enforcement officers to test. Without an exact dosage, it's difficult to enforce a Delta-8 ban or press charges on those who possess it. 

Several other states in the area, including Alabama and Tennessee, have amended their Controlled Substances Act to specifically exclude hemp, meaning Delta-8 may be legal and accessible in some nearby states. It's unclear what route Mississippi will take with Delta-8 and other hemp THC products, especially now that the state has legalized medical marijuana. 

Here are some highlights from relevant Delta 8 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.

Two hemp flowers before harvest, the natural source of legal Delta-8.Is Delta-8 a Controlled Substance in Mississippi?

 Yes, Mississippi considers Delta-8-THC to be a Controlled Substance in the state, though the Delta-8 dosage available in most products are too below the enforceable limits. 

Still, in some cases Delta-8-THC has been treated the same as Delta-9, which has harsh penalties in the state. 

Delta 8 THC Possession Limits in Mississippi

There are no Delta-8-THC possession limits outlined by Mississippi State law. 

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 originally required the state to begin issuing medical cannabis cards to qualifying patients by August of 2021, but the new law was overturned by the Supreme Court due to "procedural errors."

Governor Tate Reeves finally signed SB 2095 into law in February 2022, permitting the use of medical marijuana for certain medical conditions, and medical cards began being issued later that year. 

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 available in many convenience stores and smoke shops, but the quality do these products varies greatly, especially considering the lack of clarity in Mississippi laws. 

In areas where Delta-8 is legal, it is advisable to proceed with caution when choosing a Delta-8 distributor. For many, 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.

Can I Order Delta-8 Online Legally?

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018, meaning they can be legally sold online to consumers in areas where Delta-8 is legal.

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.

Is Delta 8 Federally Legal?

Yes! Delta-8-THC, when derived from hemp, is federally legal. Delta-8 is made from hemp material that contains less than 0.3% Delta-9-THC. This type of hemp and all of its derivatives (including cannabinoids, isomers, and other extracts) were declared legal under the Hemp Farming Act of 2018.

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's legality is unclear in Mississippi, but many products remain on the shelf throughout the state. You should read more about Delta-8 laws by state to determine the legality in other areas.

FAQ: Delta-8 in Mississippi

Is Delta-8 banned in Mississippi?

No, Delta-8 THC is legal in Mississippi as long as it meets specific criteria, such as being derived from hemp and containing less than 0.3% Delta-9 THC.

Can Delta-8 be sold in Mississippi?

Yes, Delta-8 THC can be sold in Mississippi, provided it adheres to the state's regulations.

What states are Delta-8 illegal in?

States where Delta-8 THC is illegal include Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Rhode Island, Utah, and Vermont.

Is Delta-9 illegal in Mississippi?

Delta-9 THC is illegal in Mississippi except for medical use under the state's medical marijuana program. Hemp-derived Delta-9 THC products containing less than 0.3% Delta-9 THC are legal.

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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