If you buy products through the links on this page, we may earn a commission. Learn more.
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.
If you’re looking for high-quality delta 8 products, we recommend Hometown Hero. This transparent Texas brand provides complete third-party potency and contaminant test results, which are critical for getting a safe and effective delta 8 THC product.
Table of Contents
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, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, 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.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.