Is Delta-8 THC Legal in Mississippi?

By | last updated August 28, 2021

Evidence Based 5

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Unfortunately, delta 8 THC is currently illegal in Mississippi. Although hemp-derived delta-8 THC is federally legal, Mississippi has its own laws that prohibit all kinds of THC.

Read on for a detailed explanation and expectations for the future.

Mississippi Delta 8 Laws

Hemp is federally legal due 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.

However, the state also previously passed House Bill 1547 which says that all kinds of tetrahydrocannabinol (THC) derived from cannabis are illegal and considered Schedule 1 type drugs.

Since delta-8 is a type of THC, this bill makes it illegal.

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 the Federal Government Considers Delta-8 THC 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 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.

What Other States Ban Delta 8 THC?

Currently, Delta-8 THC is considered illegal in 15 states: Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Louisiana, Mississippi, Montana, New York, North Dakota, Rhode Island, Vermont, and Utah.

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

It’s unlikely that delta 8 THC will become legal in Mississippi any time soon since it’s a fairly conservative state. It even shut down the medical cannabis bill that passed in 2020.

On top of that, the DEA added delta-8 THC to its “orange book” of controlled substances. While this isn’t an official ruling, it does suggest that government agencies are paying attention to delta-8 THC and may decide to regulate it in some way.

Still, in the long run, we can expect all types of cannabis products to become legal on the state and federal levels. The only question is how many years that will take.


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2 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

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