CBD in Mississippi: Official State Guide
Mississippi voters approved medical marijuana in 2020, but a court decision overturned that result. Find out the current legal status of CBD and medical marijuana in Mississippi by reading more.
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Medical marijuana legalization has taken a circuitous path in Mississippi, and the journey toward having legal dispensaries in the state isn’t over yet. However, the state does have shops that market CBD oil and other cannabidiol products.
Growing hemp is legal in Mississippi, thanks to a federal law signed in 2018, but the state doesn’t have an industrial hemp program even though at least 47 other states do.
Are you confused yet? You won’t be by the time you finish reading this roundup of Mississippi laws regulating CBD sales and efforts to legalize medical marijuana in the Magnolia State.
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Is CBD Legal in Mississippi (Laws and Regulations)
Mississippians might pride themselves on their hospitality, but the state’s laws are among the least hospitable for the sale of CBD and the legalization of medical marijuana.
After legislators passed House Bill 1547 in July 2019, CBD was legalized, but the CBD products sold in the state must pass the muster of strict state regulations.
Hemp has high levels of CBD but very low levels of THC, the compound in marijuana that produces a high. Mississippi is one of the few U.S. states that has not embarked on an industrial hemp program, even though hemp was removed from the list of controlled substances in 2018.
So far, Mississippi has not challenged this federal law, and it is legal to grow hemp in Mississippi.
Given the strict state laws regarding CBD strength and that medical marijuana is still illegal in Mississippi, CBD shops are not hard to find, but they don’t have as large a selection as shops in other states.
In addition, dispensaries that include medical marijuana and CBD with higher THC levels are not available there.
State law is vague on other things related to CBD, such as the age someone must be to purchase CBD. The lack of regulation in other areas doesn’t give consumers as much protection as other states provide.
As a result, products can differ widely in the amount of cannabidiol they contain.
Since Mississippi law is precise and strict on the amount of THC that cannabidiol products can contain, it’s essential to pay attention to the THC content of products purchased and used there.
Otherwise, you could face penalties.
Mississippi CBD Possession Limits
There’s good news: In Mississippi, it is legal to possess any quantity of CBD. The bad news is that possession of any amount of CBD if the amount of THC per milliliter is more than 2.5 milligrams is punishable by law.
CBD products in Mississippi must contain at least 50 milligrams of CBD per milliliter. In addition, the ratio of CBD to THC must be at least 20:1. This limits the varieties of CBD that can legally be sold to consumers in Mississippi.
CBD users should be cautious in the products they use in Mississippi. Anyone with a CBD product that looks like marijuana can be arrested if police spot it in a vehicle.
How to Get a Medical Marijuana Card in Mississippi
Since medical marijuana has not yet been legalized in Mississippi, there is no way to get a medical marijuana card. There are no legal medical marijuana dispensaries in Mississippi, either.
In 2014, a state law, known as Harper Grace’s Law, was passed allowing for research on CBD, or cannabidiol, to find medical uses, including developing anti-seizure medications for children.
However, the CBD being researched had to be grown by the National Center for Natural Products Research, which is part of the University of Mississippi.
Mississippians still don’t have legalized medicinal cannabis. It’s not for lack of trying.
Mississippians petitioned to put Initiative 65, which would have legalized medical marijuana, on the ballot in 2020. Instead, legislators put an alternative option, Initiative 65A, on the ballot, which some said was designed to be confusing. Still, 74 percent of voters approved Initiative 65.
Days before the November 2020 election, Mary Hawkins Butler, mayor of the suburban city of Madison, filed a lawsuit to challenge Initiative 65 being on the ballot.
The suit argued that the state law governing initiatives and referendums noted that the state had five congressional districts, which had not been true since 2000.
Because the law had not been updated to reflect the loss of a congressional seat after the 2000 census, the state Supreme Court would not let the legalization of medical marijuana in Mississippi proceed.
As a result, groups of voters have called upon Mississippi Gov. Tate Reeves to hold a special session of the Legislature to address the issue, but as of October 2021, no special session has been held.
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Finding Marijuana Dispensaries in Mississippi
Since medical marijuana is still illegal in Mississippi, there are no medical marijuana dispensaries in Mississippi. This is unfortunate for those with anxiety, pain, epilepsy, PTSD, cancer, glaucoma, Parkinson’s disease, and other conditions that medical marijuana can help.
If and when medical cannabis is legalized in Mississippi, medical marijuana dispensaries are sure to pop up since Initiative 65 was so popular with voters.
FAQ's
You may still have questions about medical marijuana and CBD in Mississippi. Here are a few frequently asked questions that may help you find answers.
Mississippi law doesn’t specify the age someone must be to purchase CBD. So those 18 and older shouldn’t have a problem purchasing CBD in Mississippi, although some CBD shops require shoppers to be 21 since the age for buying tobacco products rose to 21.
Growing any amount of cannabis at home in Mississippi is illegal. In Mississippi, growing cannabis is considered possession, and the penalties for possession are fairly light.
If you are caught with 30 grams or less of cannabis, including homegrown cannabis, the fine is $250.
In Mississippi, cannabis for any purpose, medical or recreational, is illegal. So if you are going to use marijuana and cannabis products in Mississippi, be careful.
You can use them at home instead of in public and keep marijuana out of your vehicle in case of traffic stops.
Before the Mississippi Supreme Court halted Initiative 65’s legalization of medical marijuana, the Mississippi Department of Health had been tasked with developing the licensing and regulation process for cannabis in the state.
Until the initiative law is updated to reflect the state’s four congressional districts, and the initiative process begins again, or until the state Legislature addresses the issue of legalization of medical marijuana, grow licenses are not available in the state.
Some companies are already building facilities for growing cannabis, anticipating legalization.How Old Do You Have to Be to Buy CBD in Mississippi?
Mississippi law doesn’t specify the age someone must be to purchase CBD. So those 18 and older shouldn’t have a problem purchasing CBD in Mississippi, although some CBD shops require shoppers to be 21 since the age for buying tobacco products rose to 21.
How Much Cannabis Can I Grow at Home?
Growing any amount of cannabis at home in Mississippi is illegal. In Mississippi, growing cannabis is considered possession, and the penalties for possession are fairly light.
If you are caught with 30 grams or less of cannabis, including homegrown cannabis, the fine is $250.
Where Can I Use My Marijuana?
In Mississippi, cannabis for any purpose, medical or recreational, is illegal. So if you are going to use marijuana and cannabis products in Mississippi, be careful.
You can use them at home instead of in public and keep marijuana out of your vehicle in case of traffic stops.
How Can I Obtain a Grow License in Mississippi?
Before the Mississippi Supreme Court halted Initiative 65’s legalization of medical marijuana, the Mississippi Department of Health had been tasked with developing the licensing and regulation process for cannabis in the state.
Until the initiative law is updated to reflect the state’s four congressional districts, and the initiative process begins again, or until the state Legislature addresses the issue of legalization of medical marijuana, grow licenses are not available in the state.
Some companies are already building facilities for growing cannabis, anticipating legalization.
Next Steps
Mississippi voters are overwhelmingly in favor of the legalization of medical marijuana and also of CBD availability. Given the popularity of Initiative 65, lawmakers will either address the issue of medical marijuana legalization or face the wrath of voters in the next election.
Growing cannabis and hemp could also be an economic boost in a state that’s heavily agricultural. Already businesses have shown interest in operating grow facilities and opening medical marijuana dispensaries in Mississippi.
The only sure thing about CBD and medical marijuana in Mississippi is that the issue will have to be settled in the future.
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