February 19, 2021 5 min read

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?

Unfortunately, no, Delta-8 is not legal in Mississippi. The state has not taken the steps necessary to remove hemp-derived tetrahydrocannabinols from its Controlled Substances list. 

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.

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 a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Mississippi legalized hemp after the 2018 Farm Bill became federal law, but they did not make exceptions for Delta-8 from the Controlled Substances Act, so Delta-8-THC remains illegal statewide.
  • 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, but the state hasn't taken the steps necessary to legalize Delta-8-THC.

Unfortunately, Delta-8-THC is classified as a Controlled Substance in the State, similarly to neighboring state Arkansas.  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. 

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, and state law enforcement has state that THC products are simply tested for THC content. That means that Delta-8-THC may be 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 in Mississippi because Delta-8 is illegal in the state. 

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."

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, but Delta-8 is not legal in the state. 

CBD may pose a suitable alternative for those hoping to experience some of hemp's therapeutic benefits.

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 is illegal in Mississippi according to state law, but you should read more about Delta-8 laws by state to 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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