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Do drinks infused with THC get children high? | News

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The concern about youth access and product safety is valid. Mississippi has no state laws regulating the sale of hemp-derived THC beverages — including no age restriction. But the post overstates how intoxicating these drinks are and ignores the wide variation in potency, labeling and effects. For more context, read the full fact-check below:

A south Mississippi convenience store owner recently posted a warning on social media claiming that new THC-infused drinks are hitting store shelves and could get children high.



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Consumable Hemp Products Illegal Without FDA Approval, Mississippi AG Says

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Despite Mississippi lawmakers’ failed attempt to ban intoxicating hemp products this legislative session, the state’s top legal adviser to government officials said those products are already prohibited in the Magnolia State.

State Attorney General Lynn Fitch issued an opinion on June 11 that Mississippi’s Uniform Controlled Substances Law forbids the sale of consumable products containing hemp derivatives that are not approved by the U.S. Food and Drug Administration (FDA). 

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“Marijuana and THC are included on Mississippi’s Schedule I controlled substances list,” she wrote. 

Lynn said the lone exception is for products sold through licensed medical cannabis dispensaries that are regulated under the state’s Medical Cannabis Act that Republican Gov. Tate Reeves signed into law on Feb. 3, 2022—456 days after voters approved a medical cannabis initiative that the state’s Supreme Court overturned. Dispensary sales launched in January 2023.

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Fitch’s opinion was in response to Rep. Lee Yancey, R-Rankin, who sought clarity on the matter after his legislation to ban intoxicating hemp products, House Bill 1502, died on the calendar when the Mississippi Legislature adjourned on April 3.

While Fitch responded, she also said that her office cannot opine on questions of federal law.

“Because the cultivation of hemp in Mississippi is legalized, licensed, and controlled by federal law, a complete response to your request is outside the scope of an official opinion,” the attorney general wrote.

Under the 2018 Farm Bill, hemp was federally legalized and defined as a plant that contains no more than 0.3% delta-9 THC on a dry-weight basis during a pre-harvest field test; however, the federal law does not include provisions to regulate finished goods, such as delta-8 THC gummies, THCA vapes or other products containing cannabinoids derived or synthesized from compliant hemp plants.

These intoxicating hemp products are often sold in smoke and vape shops as well as convenience and grocery stores in states such as Mississippi, where regulations evade legislation.

In Mississippi, hemp is legally grown through federal licensure under the U.S. Department of Agriculture’s Domestic Hemp Production Program. 

Although state lawmakers passed the Mississippi Hemp Cultivation Act in 2020 to legalize the state’s hemp cultivation program, the Legislature never appropriated necessary funding to implement the program under the law—meaning the only legal option to grow hemp is through the federal program—according to the Mississippi Department of Agriculture and Commerce.

As a result, hemp in Mississippi is defined by federal law: the 2018 Farm Bill.

Although Fitch wrote that the state’s Uniform Controlled Substances Law may prohibit the sale or possession of consumable hemp products that aren’t approved by the FDA, she offered a conflicting statement in her response.

“Mississippi law does not specifically address the possession or sale of products derived from the hemp plant designed for human ingestion and/or consumption,” the Mississippi attorney general wrote. “However, as implied by your questions, the Mississippi Medical Cannabis Act … allows for the sale and possession of medical cannabis products, including edible cannabis products.”

In the absence of legal clarity, Yancey, a member of the House Drug Policy Committee, sponsored the now-dead 2025 legislation that had aimed to ban intoxicating hemp products in Mississippi, with an exception for certain low-THC beverages to be sold to those 21 years and older. The legislation also intended to authorize the Mississippi State Department of Health to regulate CBD products.

While some hemp-derived product manufacturers have called on the FDA to regulate the production, marketing and sale of CBD, the federal agency has often kicked the can to Congress, requesting that federal lawmakers provide funding or take the lead themselves.

While Yancey’s 2025 legislation passed the Mississippi House in an 82-27 vote, the Senate passed an amended version of the bill in a 35-16 vote; however, the bill stalled in a conference committee and was left on the table amid public pushback, in part over the allowance for hemp-derived THC beverages.

Yancey, who spearheaded the state’s medical cannabis legalization bill three years ago, said the basis of his 2025 legislation was to protect children from accessing intoxicating hemp products, SuperTalk Mississippi Media reported.

“These

are already being sold in the gas stations and in the supermarkets, and it will become more and more rampant across our state,” Yancey told the news outlet in April. “We had a chance to stop this.”



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Mississippi Choctaws to Elect Tribal Council Representatives

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Members of the Mississippi Band of Choctaw Indians will vote on Tuesday, June 10, to elect members of the Choctaw Tribal Council to represent six communities located in the east-central part of the state. Voters will also decide on a referendum issue of marijuana decriminalization and the development of regulations regarding marijuana on tribal lands.

Tribal Profile - Mississippi Band of Choctaw Indians - Office of the Tribal Chief
Read the Mississippi Band of Choctaw Indians’ Tribal Profile.

The unicameral Choctaw Tribal Council governs 33,000 acres of land, the tribe’s online profile says. Seventeen members from eight communities serve staggered four-year terms on the council, with elections every two years. The tribe also holds tribal chief elections every four years. This year, nine seats are up for re-election and the other eight seats, along with the tribal chief, will be up for election in 2027.

The tribal chief chairs the quarterly tribal council meetings. Once the voters elect the representatives in June and they are seated in July, barring any challenges or runoffs that must be resolved within 30 days, the newly convened council will select the offices of vice-chief, secretary-treasurer and chair of committee systems from among its members. Tribal Council Members Ronnie Henry and Angela Hundley from the Neshoba County community of Bogue Chitto currently serve as vice-chief and committee systems chair, respectively, while Crystal Ridge Council Member Christopher Eaves of Winston County serves as Secretary-Treasurer.

Requirements for Candidates

The Tribal Election Committee oversees the election process. Its members vet the candidates and ensure they meet the requirements for tribal council candidacy. Choctaw Constitution Article IV § 5, says candidates must be 21, have no felonies, have obtained a high school diploma or GED equivalent, have resided for at least in the community they intend to represent for at least six months before the election, and must secure endorsement-signatures from at least 10 registered voters from their communities. This last requirement does not apply to the two smallest communities, Crystal Ridge in Winston County and Bogue Homa in Jones County.

Where to Vote

The voting booths in each community will be held at their community’s CERF building.

  • Bogue Chitto CERF is located on Big Creek Circle, Philadelphia, Miss.
  • Henning CERF is located near 1230 Highway 87 W, Henning, Tenn. (Henning’s tallies will count separately and eventually be added to Bogue Chitto’s overall total) 
  • Crystal Ridge CERF is located off Joe Wray Rd., Preston, Miss. 
  • Conehatta CERF is located at 374 Campus Dr., Conehatta, Miss.   
  • Pearl River CERF is located on Industrial Rd., Philadelphia, Miss.
  • Standing Pine CERF is located at the elementary school campus, 538 Highway 487, Carthage, Miss.
  • Tucker CERF is located at the old school campus, Highway 19 S, Philadelphia, Miss.
A sign that reads MBCI Tribal Election 2024 - Vote Here - Ilappak Atokoli
A sign indicating a polling location for the Pearl River Community in Neshoba County is seen here in this 2023 photo. The sign is written in both Choctaw and English, with “Ilappak Atokoli” meaning Vote Here. Photo by Roger D. Amos

The communities that are not voting for a tribal council representative this cycle, but are still able to vote on the Marijuana Referendum 2025-01 are at the following locations:

  • Red Water CERF is located on Red Water Rd. off Highway 35 N, Carthage, Miss.
  • Bogue Homa CERF is located on Tomechi Anowa Dr., Heidelberg, Miss. 

The Candidates

In April, the TEC released the official candidate list for the 2025 election. Forty-nine candidates are running for nine positions in six tribal communities. Some communities with three representatives elect two this year and will elect their third two years later.

The Mississippi Free Press offered candidates the opportunity to respond to a questionnaire about their views on issues facing community members. Responses from those who responded are linked in the lists below.

The list of candidates for positions on the ballot this year is below. Incumbents are denoted with an asterisk.*

Bogue Chitto Community, Neshoba County: 3 Representatives, 2 positions

Kendrick Bell
Jeremiah Harrison
Kinsey Henry
Angela Hundley* (also serves as committee systems chair)
Randy Jim
Natasha John
Jamion Johnson
Davita McClelland
Jackson Thompson, Jr.
Kendall Wallace*
Kenneth Wallace
Treundes Willis

Bogue Chitto Tribal Council Member Ronnie Henry is the vice-chief and his position will be up in 2027.

Conehatta Community, Newton County: 3 Representatives, 2 Positions

Max Anderson
Tarina Anderson
Trinesa Barojas
Emerson Billy
Hannah Charlie
Shaun Grant
Jeron Johnson
Hilda Nickey*
Gregory Shoemake*

Crystal Ridge Community, Winston County: 1 Representative, 1 Position

Christopher Eaves* (also serves as the secretary-treasurer)
Alexander Hickman
Rosa Kanagy
Tim Willis

Pearl River Community (headquarters), Neshoba County: 3 Representatives, 2 Positions

Collins Billy, Jr.
Robert Briscoe
Mindy Davis
Asa Jimmie
Speedy X. Lewis
Deborah Martin*
Robert Martin
Lola Parkerson
Benjamin Stephens
Nickolas Stephens
Jerod Thompson
Austin Tubby
Shelley Tubby
Kent Wesley*

Standing Pine Community- Leake County – 2 Representatives; 1 position

Betty Allen
Louie Charlie
Lalaina Denson
Benjamin Farve
Ashley Primer
Jalen Tangle

Incumbent Loriann Ahshapanek is not running for re-election.

Tucker Community – Neshoba County – 2 Representatives; 1 position

Autumn McMillan
Demando Mingo*
Eric Nickey
Layla Taylor

The communities of Red Water (Leake County, two representatives) and Bogue Homa (Jones County, one representative) do not vote during midterms; their representatives’ terms end in chief election years, with the next being in 2027. However, this year, all communities will be going to the polls due to the marijuana referendum issue.

Registering to Vote

Voter registration is open year-round at the tribal election office in Pearl River. The Tribal Election Council also holds voter registration drives in each community. However, voters must register 30 days before an election. The deadline to register for the June 10 election was Friday, May 9, 2025, at 5:00 pm. 





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Mississippi AG Limits Sale of Consumable Hemp Products

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All participants of Mississippi’s cannabis industry should take notice of an opinion the Mississippi Attorney General’s Office published on June 11, 2025. The opinion answered three questions Mississippi Rep. Lee Yancey presented: (1) Is the sale of non-FDA approved hemp-derived products designed for human ingestion and/or consumption prohibited in Mississippi; (2) is the possession of non-FDA approved hemp-derived products designed for human ingestion and/or consumption prohibited in Mississippi; and (3) if the answer to the first two questions is yes, are municipalities authorized to enact rules and regulations that prohibit or penalize the sale and/or possession of the same?

The attorney general, relying on Mississippi’s Uniform Controlled Substances Law (MSCSL), answered the first two questions in the affirmative, concluding that the terms of the MSCSL prohibited the sale and possession of such products unless they were being sold or possessed pursuant to the provisions of Mississippi’s medical cannabis laws and regulations. The opinion, however, notes its limitations by acknowledging that components of the analysis are controlled by federal law: “[A] complete response to [Yancey’s] request is outside the scope of an official opinion.”

The opinion focuses on two exemptions to the MSCSL’s prohibition of THC but recognizes a third. THC, the psychoactive ingredient in cannabis, is illegal under the terms of the MSCSL, however, several exemptions to this prohibition exist. Two of these exemptions, forming the basis of the AG’s opinion, make an allowance for hemp products that have been approved for human ingestion and/or consumption by the FDA or products possessed or sold under Mississippi’s medical cannabis laws. The third exemption (mentioned briefly in the opinion) exempts “hemp,” as defined and regulated under the Mississippi Hemp Cultivation Act (MHCA), from the MSCSL. The MHCA defines hemp in a manner similar to the 2018 Farm Bill, stating that hemp includes all derivatives, extracts and isomers. While many have interpreted the third exemption as allowing the sale and possession of hemp as long as it meets the MHCA’s definition (an interpretation adopted across the country under the Farm Bill’s same definition of hemp), the Attorney General’s Office appears to take a different stance.

In a footnote, the attorney general seems to suggest that since the MHCA has not been fully implemented, the exemption referencing the act may not apply. This positioning points towards the attorney general’s stance being that unless a hemp product is approved for human consumption by the FDA or handled pursuant to Mississippi’s medical cannabis laws, its sale and possession are prohibited by the MSCSL – regardless of what the hemp cultivation act says. That said, the opinion reiterates that because the cultivation of hemp in Mississippi “is legalized, licensed, and controlled by federal law [and] this office cannot opine on questions of federal law [,]… to the extent federal law controls the issues presented in your request, a complete response is outside the scope of an official opinion.”

The opinion, while briefly referencing the MHCA, does not explain additional exemptions to the definitions of both THC and marijuana under the MSCSL for hemp. Again, the opinion generally acknowledges that hemp, as defined in the MHCA and 2018 Farm Bill, is not controlled under MSCSL. But because such analysis is, at least in part, controlled by federal law, the opinion ends its discussion with just these acknowledgments.

While the AG’s opinions are not considered binding precedent, this opinion undoubtedly garnered the attention of Mississippi’s consumable hemp industry and medical cannabis industry alike and rightly so. There’s also little doubt that the opinion will be used as support next legislative session when yet another hemp bill is introduced.

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