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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:
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Mississippi?
Is full spectrum CBD legal in Mississippi?
Does Mississippi have a CBD possession limit?
Can doctors prescribe CBD in Mississippi?
Where to buy CBD in Mississippi?
Legal age to buy CBD in Mississippi?
Is CBD legal in all 50 states?
Resources
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.
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.
That’s not all—
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.
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.
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.
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.
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.
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.
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.
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.
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