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Is CBD Legal in Mississippi? State Hemp Rules in 2026

As of November 3, 2026, a 2025 Mississippi Attorney General opinion says state drug law may prohibit selling edible hemp products that lack FDA approval.

Last checked: Based on official sourcesNot legal advice.

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In short

In a June 11, 2025 official opinion, the Attorney General's office said Mississippi law does not specifically address hemp products made to be eaten or drunk. The office said selling such products without FDA approval, or possessing them with intent to sell, is prohibited under the state drug law, except for products sold through a licensed medical cannabis dispensary in strict accordance with the Medical Cannabis Act. The opinion did not say that simple possession for personal use is prohibited.[1]

In its discussion, the office wrote that the state drug law "may prohibit" these sales, and it said a complete answer was outside the scope of its opinion because federal law controls hemp growing in Mississippi. An Attorney General opinion is the office's legal view, not a statute or a court ruling. As of November 3, 2026, we found no Mississippi court ruling on the question.[1]

The 2020 Mississippi Hemp Cultivation Act set a 0.3 percent THC limit that counts THCA, but the state agriculture department says the Legislature did not fund the program. The department does not issue hemp licenses. Growers need a federal USDA license.[2, 3]

Bills to regulate intoxicating hemp, allow hemp drinks, or ban THC drinks died in 2024, 2025, and 2026. We could not find a statewide minimum age or label rules for hemp products as of November 3, 2026.[4, 5, 6]

At a glance

Is CBD Legal in Mississippi? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Unclear for products made to be eaten or drunk. As of November 3, 2026, we found no Mississippi court ruling on the question, and the Attorney General's office has said state law does not specifically address these products. In a June 11, 2025 official opinion, the office said that selling hemp-derived products made for human ingestion or consumption without FDA approval, or possessing them with intent to sell, is prohibited under the state drug law, except for products sold through a licensed medical cannabis dispensary in strict accordance with the Medical Cannabis Act. In its discussion, the office wrote that the law "may prohibit" these sales, and it said a complete answer was outside the scope of the opinion because federal law controls hemp growing in Mississippi. The opinion did not say that simple possession for personal use is prohibited, and it did not address topical products such as lotions. FDA-approved CBD drugs are exempt from the state drug schedule.[1, 7]
Hemp definition and THC limitThe 2020 Hemp Cultivation Act defines hemp as Cannabis sativa L. with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis that is grown or processed under the Act. The Act counts THCA: it defines delta-9 THC as THCA multiplied by 0.877 plus delta-9 THC. The Act depends on funding from the Legislature, and the state agriculture department says the Legislature did not provide that funding.[2, 3]
CBD in food and drinksIn a June 11, 2025 opinion, the Attorney General's office said selling hemp-derived products made for human ingestion or consumption without FDA approval is prohibited under the state drug law, except for products sold through a licensed medical cannabis dispensary under the Medical Cannabis Act. In its discussion, the office wrote that the law "may prohibit" these sales. A September 9, 2024 opinion said no state law specifically legalizes hemp beverages, so selling them would be unlawful if a hemp drink would intoxicate when drunk to excess. That opinion left the factual question open. Bills to legalize hemp beverages died in 2025 and 2026.[1, 5, 6, 8]
Intoxicating hemp products (delta-8, THCA flower and similar)Mississippi lists tetrahydrocannabinols in Schedule I, including synthetic equivalents and synthetic substances, derivatives, and isomers with a similar structure and effect. The schedule's exceptions include hemp regulated under the state Hemp Cultivation Act, which has not been put into effect; hemp products for human consumption approved by the FDA; CBD in FDA-approved prescription drugs or given under Harper Grace's Law; and some industrial stalk products, animal feed with sterilized seeds, and personal care products with oil from sterilized seeds. In our reading, the Attorney General's 2025 opinion would also cover edible delta-8 and similar hemp products without FDA approval, though the opinion does not name them. The opinion covers products "designed for human ingestion and/or consumption" and does not say whether that includes smoking. We found no Mississippi law or guidance on THCA flower for smoking. A 2024 bill to regulate intoxicating hemp died in conference.[1, 4, 7]
Minimum ageWe could not find a statewide minimum age for hemp or CBD products in Mississippi law as of November 3, 2026. None of the hemp bills we found from 2024, 2025, or 2026 became law.[4, 5, 6]
Who can sell itThe Attorney General's June 11, 2025 opinion makes one exception to its view that selling edible hemp products without FDA approval is prohibited: products sold through a licensed medical cannabis dispensary in strict accordance with the Medical Cannabis Act. The opinion does not say which hemp products, if any, dispensaries may sell. The Mississippi Department of Revenue licenses medical cannabis dispensaries. The Mississippi Department of Agriculture and Commerce does not issue hemp licenses, and hemp growers in Mississippi need a license from the U.S. Department of Agriculture. We found no state license for stores that sell hemp products.[1, 3, 9, 10]
Labels and lab testingWe could not find Mississippi label, lab testing, QR code, or packaging rules for hemp or CBD products sold in stores as of November 3, 2026. The testing and plan rules in the Hemp Cultivation Act have not been put into effect, because the Legislature did not fund the program, according to the state agriculture department.[2, 3]
Medical and adult-use marijuanaMississippi has a medical cannabis program under the Mississippi Medical Cannabis Act, approved by the governor on February 2, 2022. The Mississippi State Department of Health oversees the program and licenses most cannabis businesses, and the Mississippi Department of Revenue licenses dispensaries. A separate law, Harper Grace's Law, allows a CBD solution for people with debilitating epileptic conditions; in 2024 the Legislature moved its repeal date to July 1, 2027. As of November 3, 2026, we found no adult-use (recreational) marijuana law; 2026 bills to legalize it died in committee.[6, 9, 10, 11, 12]
November 12 and December 11, 2026Mississippi's hemp definition is written in state law and does not refer to the federal definition. The Attorney General's office has noted that hemp growing in Mississippi is licensed and controlled under federal law. In our reading, that means the federal change applies to Mississippi growers. Also in our reading, because the office's 2025 opinion already views selling edible hemp products without FDA approval as prohibited under state law, the federal change may matter most for hemp grown under USDA licenses and for products the opinion did not cover, such as topicals. From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make. The rest of the federal change, including total THC counting THCA, the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container for final products, is set for December 11, 2026, unless Congress delays it again.[1, 2, 13, 14]

Mississippi's hemp law has not been put into effect

The governor approved Senate Bill 2725, the Mississippi Hemp Cultivation Act, on June 29, 2020. It defines hemp as Cannabis sativa L. with not more than 0.3 percent delta-9 THC on a dry weight basis that is grown or processed under the Act. It counts THCA by defining delta-9 THC as THCA multiplied by 0.877 plus delta-9 THC.[2, 15]

The Act told the Commissioner of Agriculture and Commerce to create a state plan, license growers, and register processors. It also says the program depends on money from the Legislature or other funding.[2]

The Mississippi Department of Agriculture and Commerce says the Legislature did not fund the program. The department does not issue hemp licenses. It says the only legal way to grow hemp in Mississippi is a license from the U.S. Department of Agriculture.[3]

What the Attorney General says about edible hemp and hemp drinks

On June 11, 2025, the Attorney General's office answered questions from a state lawmaker. It said Mississippi law does not specifically address products derived from hemp that are designed for human ingestion or consumption.[1]

The opinion then said that, except for products sold through a licensed medical cannabis dispensary in strict accordance with the Medical Cannabis Act, selling such products without FDA approval is prohibited under the Uniform Controlled Substances Law. The office said possessing them with intent to sell, transfer, or distribute is also prohibited. The opinion did not say that simple possession for personal use is prohibited. The office said this opinion controls over any earlier opinions that conflict with it.[1]

In its discussion, the office wrote that the state drug law "may prohibit" these sales, and that a complete answer was outside the scope of the opinion because federal law controls hemp growing in Mississippi. The opinion does not say which hemp products, if any, dispensaries may sell.[1]

The opinion reasons that the drug law's exemption for hemp covers hemp regulated under the Hemp Cultivation Act, and that Act has not been implemented. It also says the office cannot give opinions on questions of federal law.[1, 7]

In a September 9, 2024 opinion, the office said a state law makes it unlawful, unless another state law allows it, to sell any drug, elixir, or compound that will produce intoxication when drunk to excess. It said no state law specifically legalizes hemp beverages, so their sale would be unlawful if a hemp drink is found to intoxicate when drunk to excess, and it left that factual question open. The office also said drinks with more than 0.3 percent THC would be marijuana beverages, which are illegal unless bought under the Medical Cannabis Act.[8]

We found no Mississippi court ruling on this question as of November 3, 2026. An Attorney General opinion is the office's legal view, not a statute or a court ruling, and a court could read the law differently.[1]

Schedule I, delta-8, and bills that did not pass

Mississippi's Schedule I list includes tetrahydrocannabinols, along with synthetic equivalents and synthetic substances, derivatives, and isomers with a similar chemical structure and effect. Its exceptions include hemp regulated under the Hemp Cultivation Act, hemp products for human consumption approved by the FDA, CBD in FDA-approved prescription drugs or given under Harper Grace's Law, and some industrial stalk products, animal feed, and seed-oil products.[7]

The schedule exempts personal care products, such as shampoos, soaps, and body lotions, that contain oil from sterilized cannabis seeds, if they do not cause THC to enter the body. The Attorney General's 2025 opinion did not address lotions or other topicals made with CBD extract.[1, 7]

A 2026 law (SB 2117), which added 13 other drugs to Schedule I, kept these hemp exceptions the same. It took effect July 1, 2026.[7, 16]

Lawmakers have tried several times to set rules for intoxicating hemp. In 2024, the Mississippi Intoxicating Hemp Regulation Act (HB 1676) died in conference on May 1. In 2025, bills to allow hemp beverages (HB 1376 and HB 1502) and to add certain hemp products to Schedule I (SB 2187 and SB 2314) died.[4, 5]

In 2026, a bill to allow hemp beverages (SB 2572) and a bill to ban the sale of beverages with hemp, THC, or kratom (SB 2645) died in committee on February 3.[6]

Medical cannabis and Harper Grace's Law

The Mississippi Medical Cannabis Act (SB 2095) was approved by the governor on February 2, 2022. The Mississippi State Department of Health oversees the Medical Cannabis Program, registers patients, and licenses most cannabis businesses. The Mississippi Department of Revenue licenses dispensaries. Lawmakers revised the Act in 2025 (SB 2748, approved March 21, 2025).[9, 10, 11, 17]

Harper Grace's Law allows a CBD solution, dispensed by the University of Mississippi Medical Center pharmacy, for people with debilitating epileptic conditions. A 2024 law (SB 2340) moved the repeal date of Harper Grace's Law to July 1, 2027.[12]

We found no adult-use (recreational) marijuana law in Mississippi as of November 3, 2026. Bills to legalize it died in committee in 2026.[6, 9]

How the 2026 federal change fits

Mississippi's hemp definition stands on its own and does not refer to the federal definition. Because the state program has not started, hemp growing in Mississippi runs under federal USDA licenses, as both the agriculture department and the Attorney General's office note.[1, 2, 3]

From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make. The rest of the federal change, including total THC counting THCA, the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container for final products, is set for December 11, 2026, unless Congress delays it again.[13, 14]

In our reading, the federal change may have less effect on edible products in Mississippi, since the Attorney General's 2025 opinion already views selling edible hemp products without FDA approval as prohibited under state law. It may matter more for hemp grown under USDA licenses and for products the opinion did not address, such as topicals.[1, 13, 14]

What changes next

  1. First step of the federal hemp change

    From November 12, 2026, the federal hemp definition excludes products with cannabinoids that a cannabis plant cannot naturally make.[13, 14]

  2. Rest of the federal hemp change

    Total THC counting THCA, the exclusion of cannabinoids made outside the plant, and a 0.4 mg total THC limit per container are set for December 11, 2026, unless Congress delays them again.[13, 14]

  3. Harper Grace's Law repeal date

    Harper Grace's Law, which allows a CBD solution for debilitating epileptic conditions, is set to be repealed on July 1, 2027, unless lawmakers extend it again.[12]

Who regulates hemp and CBD

Timeline

  1. Hemp Cultivation Act approved

    The governor approves SB 2725. It sets a 0.3 percent THC limit that counts THCA. The state agriculture department says the Legislature did not fund the program.[2, 3, 15]

  2. Medical Cannabis Act approved

    The governor approves SB 2095, creating the state medical cannabis program. The Department of Health oversees it, and the Department of Revenue licenses dispensaries.[9, 11]

  3. Harper Grace's Law extended

    The governor approves SB 2340, moving the repeal date of the CBD solution law to July 1, 2027.[12]

  4. Intoxicating hemp bill dies

    HB 1676, the Mississippi Intoxicating Hemp Regulation Act, dies in conference.[4]

  5. Attorney General opinion on hemp beverages

    The office says no state law specifically legalizes hemp beverages, so selling them would be unlawful if they intoxicate when drunk to excess.[8]

  6. Attorney General opinion on edible hemp products

    The office says selling edible hemp products without FDA approval, or possessing them with intent to sell, is prohibited under state drug law, except for products sold through licensed medical cannabis dispensaries. It also says a complete answer is outside its scope because federal law controls hemp growing.[1]

  7. 2026 hemp beverage bills die

    Bills to allow hemp beverages (SB 2572) and to ban beverages with hemp, THC, or kratom (SB 2645) die in committee.[6]

  8. Schedule I update takes effect

    SB 2117 adds 13 drugs to Schedule I and keeps the same hemp exceptions.[7, 16]

Sources

Show 17 references
  1. Official Opinion to Rep. Lee Yancey, June 11, 2025: Legality of Hemp Products for Human Ingestion and/or Consumption (Mississippi Attorney General)
  2. Senate Bill 2725 (As Sent to Governor), 2020 Regular Session: Mississippi Hemp Cultivation Act (Miss. Code §§ 69-25-201 et seq.)
  3. Hemp Cultivation in Mississippi (Mississippi Department of Agriculture and Commerce)
  4. Mississippi Legislature, 2024 Regular Session, all measures status list (HB 1676, Mississippi Intoxicating Hemp Regulation Act: Died In Conference 05/01)
  5. Mississippi Legislature, 2025 Regular Session, all measures status list (HB 1376, HB 1502, SB 2187, SB 2314, SB 2748)
  6. Mississippi Legislature, 2026 Regular Session, all measures status list (SB 2220, HB 1267, SB 2572, SB 2645)
  7. Senate Bill 2117 (As Sent to Governor), 2026 Regular Session: amends Miss. Code § 41-29-113 (Schedule I)
  8. Official Opinion to Rep. Lee Yancey, September 9, 2024: Hemp Beverages (Mississippi Attorney General)
  9. Senate Bill 2095, 2022 Regular Session: Mississippi Medical Cannabis Act, bill history (Approved by Governor 02/02/2022)
  10. Medical Cannabis (Mississippi Department of Revenue, Alcoholic Beverage Control)
  11. Mississippi Medical Cannabis Program (Mississippi State Department of Health)
  12. Senate Bill 2340 (As Sent to Governor), 2024 Regular Session: extends the repealer on Harper Grace's Law (Miss. Code § 41-29-136)
  13. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  14. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  15. Senate Bill 2725, 2020 Regular Session: bill history (Approved by Governor 06/29/2020)
  16. Senate Bill 2117, 2026 Regular Session: bill history (Approved by Governor 03/13/2026)
  17. Senate Bill 2748, 2025 Regular Session: bill history (Approved by Governor 03/21/2025)

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.