Mississippi lawmakers are currently deliberating a bill aimed at further regulating the types of hemp products that retail stores can sell. This legislative move aligns with similar actions being taken in other states.
At present, Mississippi has minimal regulations concerning the permissible THC levels in hemp-based products. The proposed bill seeks to introduce guidelines for retailers and dispensaries, specifically targeting what is categorized as “intoxicating hemp.”
Differentiating Retailers
Cannabidiol (CBD) stores and other retailers differ from licensed dispensaries in Mississippi, which are permitted to sell medical cannabis approved by the Mississippi State Department of Health.
The state’s engagement with THC and CBD began in 2014 with the enactment of Harper Grace’s Law. The regulatory landscape changed significantly in 2018 with the federal Farm Bill, which legalized industrial hemp production nationwide and required states to develop their own regulatory frameworks, emphasizing Delta-9 THC as the primary intoxicating agent.
CBD has gained traction as a treatment for neurological disorders, including its use in managing epileptic seizures, although CBD products typically contain trace amounts of THC.
In 2020, Mississippi enacted SB 2725, the Mississippi Hemp Cultivation Act, allowing residents to purchase hemp-derived CBD oil and related products at various retail outlets such as vape shops and wellness centers. However, lawmakers have identified gaps in the regulation of hemp-derived products being sold at these establishments, a situation that the current bill aims to address.
Proposed Regulatory Changes
State Representative Lee Yancey (R), the bill’s author, explained that the measure would categorize hemp into two distinct groups: intoxicating hemp, which must be sold in licensed dispensaries, and non-intoxicating hemp, which may still be available in CBD retail outlets.
The Senate’s proposed amendment classifies “intoxicating hemp” as any consumable product with hemp that contains over five milligrams of total THC per container, yet remains below ten milligrams per serving and one hundred milligrams per container.
Senator Kevin Blackwell (R), a significant contributor to the state’s medical cannabis program, emphasized the necessity of regulating these hemp products. He clarified that the changes do not constitute an expansion of the current medical cannabis program, noting, “If you want to call this our ‘rec program,’ you can pretty much buy anything you want.”
Rising incidents reported to poison control involving synthetic products linked to intoxicating hemp highlight the urgency for regulation. The proposed legislation would increase the age requirement for purchasing these products from 18 to 21 years old.
Retailers will still be permitted to sell hemp products, provided that they are certified under state law and aligned with the parameters set for both non-intoxicating and intoxicating hemp. Additionally, sales of intoxicating hemp will be restricted to entities licensed under the Mississippi Medical Cannabis Act, along with an added tax of 5 percent on top of the existing 7 percent sales tax.
Dispensaries must navigate a rigorous application process and pay fees reaching up to $40,000 for certification to sell marijuana to individuals with qualifying medical conditions. In contrast, licensed retailers selling hemp or CBD products face a relatively modest annual fee of $200.
Violations of the proposed regulations could result in fines up to $5,000 and/or imprisonment for up to one year. Yancey has indicated intentions to hold a conference on the bill following its amendments in the Senate before returning to the House.
National Context
Mississippi is not alone in its regulatory efforts. In March, South Dakota passed a law prohibiting intoxicating hemp products, including those with synthetic compounds like Delta-8 THC. Similarly, Ohio Governor Mike DeWine has pushed state legislators to eliminate Delta-8 and Delta-9 THC products from various retail outlets, citing concerns over teenage access.
Other states such as Illinois and Texas are also considering measures regarding intoxicating hemp products. A letter co-signed by 21 state attorneys general recently urged Congress to address these issues in the forthcoming Farm Bill, as part of a broader effort to regulate the hemp market more effectively.
