Is Delta-8 THC Legal in Mississippi?

By | last updated December 21, 2021

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Delta 8 THC appears to be legal in Mississippi but the laws are not 100% clear. The state exempts hemp-derived products from its controlled substances list.

This means you should be able to buy delta 8, even if it’s in a legal gray area. Read on for a detailed explanation and expectations for the future.


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Mississippi Delta 8 Laws

Hemp is federally legal thanks to the 2018 Farm Bill. In 2020, Mississippi became one of the last states to pass its own hemp bill (Senate Bill 2725), making both hemp and hemp-derived CBD products legal in the state.

Under this bill, hemp is defined as cannabis with 0.3% or less delta-9 THC. Since there are no restrictions on delta-8 content, this bill should make hemp-derived delta 8 legal.

The bill also exempts hemp-derived tetrahydrocannabinols from the Mississippi list of schedule 1 controlled substances (see House Bill 1547). Specifically, it says that:

For purposes of this paragraph, tetrahydrocannabinols do not include hemp or hemp products regulated under Sections 1 through 11 of this act.

Mississippi SB2725

This appears to confirm that hemp-derived products containing tetrahydrocannabinols, like delta 8 THC, are legal as long as they have no more than 0.3% delta-9 THC.

But these laws are not 100% clear and you might get different answers from Mississippi store owners, lawyers, and law enforcement. That’s why you should remain cautious.

What is Delta 8 THC?

Delta-8-tetrahydrocannabinol is a cannabinoid found in trace amounts in hemp. It has a slightly different structure from delta-9 THC, which is what most of us refer to when we talk about THC.

Delta-8 is not as potent as delta-9 THC but can cause similar effects, including euphoria, red eyes, pain relief, and increased appetite (1). Due to Delta-8 THC’s lower potency, it also has a lower chance of causing anxiety and other side effects.

Why Delta-8 THC is Federally Legal

The federal government considers delta-9 THC and marijuana controlled Schedule 1 substances. However, it doesn’t include delta-8 THC in this list, making it legal under federal law.

Cannabis plants naturally produce some amounts of delta-8 THC. The amounts are in traces that aren’t sufficient to make products. That’s why most vendors make delta-8 THC from hemp-derived CBD through a chemical conversion process.

The 2018 Farm Bill legalized hemp across the United States. Therefore, hemp-derived delta-8 THC is also technically legal.

Additionally, delta-8 THC isn’t considered a synthetic cannabinoid because it’s made from a natural source. Synthetic cannabinoids are banned under the Synthetic Drug Abuse Prevention Act of 2012.

Other States Where Delta 8 is Illegal

Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

This list may grow in the near future as more states are considering their own bills for regulating delta-8 THC.

The Future of Delta-8 THC in Mississippi

Delta 8 appears to be legal in Mississippi but it’s somewhat of a gray area. That’s why many online delta-8 THC brands don’t ship to the state.

We’d like to see an official statement from the state government explaining whether delta-8 is legal or not.

But there is some positive news. The Drug Enforcement Agency (DEA) confirmed in 2021 that hemp-derived delta-8-THC is legal. This sends a positive message and could influence state policy.

5 thoughts on “Is Delta-8 THC Legal in Mississippi?”

  1. What you say in the article doesn’t match what is in the bills you linked to. It’s saying “Section 41-29-113, Mississippi Code of 1972, is amended as follows:” so only the most recent version would matter. The most recent version you linked to here says that it’s considered hemp and that hemp is exempt.

    Reply
    • You’re correct that hemp is exempt. However, the bills also include tetrahydrocannabinols (all of them, not just delta-9) as a schedule 1 controlled substance. That means delta-8 is an illegal substance regardless of where it comes from.

      Reply
      • Is Delta 8 THC legal in Mississippi?

        YES

        Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

        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.

        Reply
      • YOU EXPLANATION CONTRADICTS ITSELF. HEMP IS EXEMPT AND CAN HAVE UP TO 0.3%THC YET YOU SAY ALL THC IS SCHEDULED SUBSTANCE. HAVE YOU SEEN SOMEONE GROW HEMP WITHOUT THC? LOL
        SENATE BILL 2725 REMOVED HEMP DERIVATIVES INCLUDING THC UP TO 0.3% AS LONG AS IT’S HEMP DERIVED. THIS INCLUDES ALL ISOMERS, ACIDS, SALTS, CANNBINIOIDS.

        Reply
        • I see what you’re saying. The laws are unclear and often contradictory.

          edit: I think you guys are right, thanks for the comments. The wording of the bill does specifically say that tetrahydrocannabinols derived from hemp are exempt from schedule 1. So that would make delta-8 legal in Mississipi. But I will leave a disclaimer that it’s not 100% clear because I’ve heard contradictory information from different sources.

          Reply

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