Delta-8 and Hemp THC Laws in Mississippi

How Mississippi law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Mississippi law does not specifically regulate delta-8 or other hemp-derived THC products, and the state hemp program has not been funded or implemented. Miss. Code Ann. §§ 41-29-113(d)(31), 41-29-139(a); Miss. Att'y Gen. Op., Legality of Hemp Products for Human Ingestion and/or Consumption (June 11, 2025)

Delta-8 and hemp THC products	Mississippi law does not specifically regulate delta-8 or other hemp-derived THC products, and the state hemp program has not been funded or implemented. The Attorney General's official opinion of June 11, 2025 concludes that, outside a licensed medical cannabis dispensary operating under the Medical Cannabis Act, selling a hemp-derived product made for eating or drinking that is not approved by the U.S. FDA is prohibited under the Uniform Controlled Substances Law, as is possessing one with intent to sell. The opinion relies on Schedule I's listing of tetrahydrocannabinols, which covers THC in the cannabis plant and 'synthetic substances, derivatives, and their isomers' with similar effect, and its exemption only for FDA-approved hemp products for human consumption. The opinion said it could not fully answer questions controlled by federal hemp law. An AG opinion is not a statute or court ruling. Schedule I text also read on codes.findlaw.com (a public copy of the official code); check against the official code: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-113.html. Source: Miss. Code Ann. §§ 41-29-113(d)(31), 41-29-139(a); Miss. Att'y Gen. Op., Legality of Hemp Products for Human Ingestion and/or Consumption (June 11, 2025)

Delta-8 and hemp THC products

Mississippi law does not specifically regulate delta-8 or other hemp-derived THC products, and the state hemp program has not been funded or implemented. The Attorney General's official opinion of June 11, 2025 concludes that, outside a licensed medical cannabis dispensary operating under the Medical Cannabis Act, selling a hemp-derived product made for eating or drinking that is not approved by the U.S. FDA is prohibited under the Uniform Controlled Substances Law, as is possessing one with intent to sell. The opinion relies on Schedule I's listing of tetrahydrocannabinols, which covers THC in the cannabis plant and 'synthetic substances, derivatives, and their isomers' with similar effect, and its exemption only for FDA-approved hemp products for human consumption. The opinion said it could not fully answer questions controlled by federal hemp law.

An AG opinion is not a statute or court ruling. Schedule I text also read on codes.findlaw.com (a public copy of the official code); check against the official code: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-113.html.

Source: Miss. Code Ann. §§ 41-29-113(d)(31), 41-29-139(a); Miss. Att'y Gen. Op., Legality of Hemp Products for Human Ingestion and/or Consumption (June 11, 2025)

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FAQ

Is delta-8 legal in Mississippi?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.