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Delta 8 THC in Mississippi: Is it Legal?

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Delta 8 THC is a unique cannabinoid found in the hemp plant that has rapidly expanded in popularity nationwide with promising results in both the medical and recreational fields. While Delta 8 THC has some properties familiar to Delta 9 THC, the main chemical found in marijuana, it has completely different effects along with generally less potency towards its users.

But is Delta 8 THC legal in Mississippi?

Related article: What is Delta 8 THC?

No, Delta 8 THC is not legal in Mississippi

As of writing this (11/03/2020), Delta 8 THC is illegal under Mississippi state law.

It's unfortunate that Mississippi hasn't adopted similar policies as other southern states like Delta 8 THC in Louisiana or Delta 8 THC in Alabama. Maybe sometime soon we'll see the law memic something more akin to Delta 8 THC in Tennessee.

The following bills highlight why Delta 8 THC is illegal in Mississippi

MISSISSIPPI HEMP CULTIVATION TASK FORCE - HOUSE BILL 1547:

EXECUTIVE SUMMARY

Hemp is still classified as a Schedule 1 controlled substance in the State of Mississippi.

However, the following products are exempted from control:

• THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);

• Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;

• Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;

• Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and

• Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter.

INTRODUCTION

Mississippi did not adopt state laws to legalize hemp under authority of the 2018 Farm Bill.

(Full Bill)

HOUSE BILL 1547. SCHEDULE I

41-29-113.

(d) Hallucinogenic substances.

(23) (A) Marijuana (Cannabidiol contained in a legend drug product approved by the Federal Food and Drug Administration or obtained under Section 41-29-136 is 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.)

However, the following products are exempted from control:

(i) THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);

(ii) Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;

(iii) Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;

(iv) Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and

(v) Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter;

(Full Bill)

SENATE BILL 2349. SECTION 4.

41-29-136.

is amended as follows:

(1) “CBD solution” means a pharmaceutical preparation consisting of processed cannabis plant extract in oil or other suitable vehicle.

(2) (a) CBD solution prepared from Cannabis plant extract that is provided by the National Center for Natural Products Research at the University of Mississippi under appropriate federal and state regulatory approvals may be dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center (UMMC Pharmacy) after mixing the extract with a suitable vehicle. The CBD solution may be prepared by the UMMC Pharmacy or by another pharmacy or laboratory in the state under appropriate federal and state regulatory approvals and registrations. For the purposes of clinical trials under this section, CBD solution must meet the standard of exemption from control under Section 41-29-113.

(b) The patient or the patient’s parent, guardian or custodian must execute a hold-harmless agreement that releases from liability the state and any division, agency, institution or employee thereof involved in the research, cultivation, processing, formulating, dispensing, prescribing or administration of CBD solution obtained from entities authorized under this section to produce or possess cannabidiol for research under appropriate federal and state regulatory approvals and registrations.

(c) The National Center for Natural Products Research at the University of Mississippi and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are the only entities authorized to produce cannabis plants for cannabidiol research.

(d) Research of CBD solution under this section must comply with the provisions of Section 41-29-125 regarding lawful possession of controlled substances, of Section 41-29-137 regarding record-keeping requirements relative to the dispensing, use or administration of controlled substances, and of Section 41-29-133 regarding inventory requirements, insofar as they are applicable. Authorized entities may enter into public-private partnerships to facilitate research.

(Full Bill)

Delta 8 THC and The Future of Mississippi

If you’d like to see a change in these laws, we recommend you voice your opinions to your local and state lawmakers.

Delta 8 THC might be illegal in Mississippi but we still got you covered with all of our top-notch, Hemp Cup 2020 Award Winning CBD! Whether it is CBD Moon Rocks, flower or delicious gummies, we can ship it all right to your door, safely and discreetly!

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