JACKSON COUNTY, Miss. — Law enforcement agencies along the Mississippi Gulf Coast have begun alerting local businesses that the sale of all hemp-based products intended for human consumption outside of licensed dispensaries is illegal.
This week’s action by the Jackson County Sheriff’s Department was communicated through a formal letter, which cites a recent opinion from the Mississippi Attorney General’s Office. The letter specifies that the sale of hemp products designed for human consumption that lack FDA approval is prohibited.
Legal Framework for Enforcement
The Attorney General’s opinion states: “Except for products sold through a duly licensed medical cannabis dispensary and in strict accordance with the provisions of the Mississippi Medical Cannabis Act, the sale of a product derived from the hemp plant designed for human ingestion that is not approved by the United States FDA is prohibited under Mississippi’s Uniform Controlled Substances Law.” Published on June 11, this opinion has set the stage for stricter regulatory actions.
The Jackson County Sheriff’s letter also referenced multiple laws, including the Controlled Substances Act, Hemp Cultivation Act, and Medical Marijuana Act. Sheriff John Ledbetter emphasized the obligation to enforce state laws, notifying businesses that they have 48 hours to remove unapproved hemp products from their shelves.
Statewide Responses from Law Enforcement
Other law enforcement agencies across Mississippi are taking similar actions. The Chief of the Poplarville Police Department, Chad Dorn, issued a warning to local businesses, stating: “This is not a warning or informal request. This is a demand for action.” The department plans to initiate immediate enforcement actions against non-compliant businesses.
Pearl River County Sheriff David Allison confirmed his department’s plans to issue a similar notice, which will be disseminated via social media and delivered directly to businesses that fail to comply within the specified timeframe.
Legislative Background and Future Considerations
State Rep. Lee Yancey (R) requested the Attorney General’s opinion following the failure of HB 1502 during the 2025 regular session. This bill aimed to eliminate hemp products exceeding the 0.3 percent THC threshold established by the 2018 Farm Bill. Yancey believes the Attorney General’s opinion equips law enforcement to remove questionable products but acknowledges lingering legal ambiguities that could lead to potential lawsuits.
Yancey remarked, “I think that ultimately someone in the hemp industry, some entity in the hemp industry, is going to sue to say that under the 2018 Farm Bill that those products are legal.” He is reluctant to commit to introducing new legislation in 2026, preferring to monitor developments.
Implications for Hemp Products
While HB 1502 focused on high-THC products, the broad interpretation following the Attorney General’s opinion has led to calls for the removal of all non-FDA approved hemp products, including CBD. Yancey criticized this expansive interpretation, noting that CBD is generally non-intoxicating.
According to the Centers for Disease Control and Prevention, CBD products do not produce intoxication. Most CBD products available on the market lack FDA approval, except for specific uses, such as the epilepsy medication Epidiolex.
