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Drinks containing THC sold at gas stations. Is that legal?

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A shopper walks into a convenience store at the end of a long day.

Between the sodas and the alcohol, the shopper picks up a seltzer that is labeled as containing hemp-derived Delta-9 THC. With a drivers’ license proving they’re over 21 years old, they purchase the drink. But is that legal, just because it was on the shelf?

Not necessarily, Starkville Police Chief Mark Ballard told The Dispatch. He said his department is trying to be proactive with education, combating confusion coming from conflict between federal and state law on hemp-derived THC beverages.

“It is a new product that is challenging the confusion of the laws,” Ballard said. “It’s where science is by far outleading legislation. We have laws that we’re operating by and (an Attorney General’s) opinion, and that’s where we are with this.”

Hemp was legalized nationwide in 2018 with the Agricultural Improvement Act, or the “Farm Bill.” That bill included a threshold to separate hemp from cannabis, specifically 0.3% or more THC by dry weight. Hemp was also removed from Schedule I of the Controlled Substances Act, opening the door for the creation of hemp-derived CBD products.

The same threshold for hemp and cannabis is also recognized by the Mississippi Hemp Cultivation Act and the Medical Cannabis Act. The latter established the sale of THC products above the 0.3% threshold only by licensed dispensaries.

The U.S. industrial hemp market is now an industry worth billions of dollars, according to reports from the Associated Press.

But Mississippi Attorney General Lynn Fitch issued an opinion against hemp-derived THC beverages on Sept. 9, drawing from a state law saying the sale of any drug, compound or preparation would be unlawful if “when drunk to excess, in the form sold, will produce intoxication,” unless it is otherwise legalized by state law.

Testing whether a hemp-derived beverage would produce intoxication is outside the scope of the opinion, Fitch wrote, meaning the opinion cannot on its own terms ban hemp beverages. Also, AG opinions are not law.

The opinion goes on to read, “notably, neither the act nor any other state law specifically addresses the sale of hemp beverages.”

What’s actually in the drinks?

Ballard raised concerns around the consumption of hemp-derived beverages, including the lack of regulation in manufacturing and issues around mislabeling in the industry.

Testing on hemp-based beverages on the Gulf coast found that, despite their labels, the drinks sometimes contained 20 times the legal amount of THC. The drinks also contained pesticides and microtoxins, he said.

House Bill 1502 would have regulated the production of consumable hemp products, requiring all hemp-derived THC beverages to avoid packaging intentionally enticing to minors, a certificate of analysis for all drinks sold, and a limit on the legal amount of THC in hemp beverages. That bill died on the Senate floor in April.

With concerns around manufacturing still in play, Ballard said, SPD has started purchasing hemp-derived THC beverages and sending them to the crime lab for testing.

Since business owners are often confused on the topic, Ballard said, he has taken the approach of education, warning and then enforcing the issue.

In Lowndes County, Sheriff Eddie Hawkins said he has done the same in his investigations with different kinds of hemp-derived products.

“These products, by law, can legally be sold if those product contains 0.3% of THC or less, which is a very low dosage,” Hawkins said. “However, some of these products that we’ve seen on the shelves, and we’ve tested, the THC content in these products are much greater. Sometimes 35, 40% THC levels.”

Reacting to conflicting laws

Matt Bogue, president for Dutch Oil Company and partner with Sprint Mart, said his company has elected to not sell any hemp-derived THC-infused beverages without more clarity in regulations.

“We take great pride in our reputation as a responsible retailer of age-restricted products in compliance with State and Federal laws,” Bogue wrote in an email to The Dispatch. “Until there is better clarity on the regulatory guidelines around these products, we will remain on the sidelines.”

Bogue said he has seen the market for THC-infused beverages grow over time, which he said “underscores the real need for regulation,” including in manufacturing. He said the legislature needs to pass the “common sense” legislation in HB 1502 sooner rather than later.

Ashley Ray, who owns and operates Brewskis and other businesses under the Crissey family of stores in Starkville, said her business started selling hemp-derived beverages about a year ago. She said the popularity of the drinks has picked up over time.

“We have some people that, that’s what they come in and get … since it’s been an option,” Ray said. “But it’s definitely growing in popularity, a little bit at a time, and I think that’s just the knowledge of it being out there.”

Because laws on the subject are not very clear, Ray depends on Mississippi’s three-tier alcohol distribution regulation system to inform what she puts in her store. That system ensures accountability and transparency through regulation of brewers, distributors and then retailers.

Ray works with Mitchell Distributing as the distributor for her store.

“The distributor is typically who deals with the legality of a product,” Ray said. “That’s not necessarily us. So if a distribution company picks up a hemp product, their legal team does all the ground work for if it’s legal in the area, things along those lines.”

Mitchell Distributing did not respond to requests for comment from The Dispatch by press time.

Beyond the letter of the law

Hawkins said he believes the presence of hemp-derived products with low THC percentages in convenience stores could lead to them being easily accessed by minors. Instead, they should only be sold through a licensed dispensary, he said.

“In my opinion, if these products are going to be sold in the state of Mississippi, the legislature needs to regulate it and put it behind the counters in dispensaries only, so somebody with a medical marijuana card can purchase it,” Hawkins said.

Ray objected to both of those ideas. She said there should instead be heavier punishments for minors using a fake identification card to better regulate their access. She also said the hemp-derived products are vastly different from those sold in medical dispensaries.

“The milligrams they would be able to use in a dispensary are vastly different, and also (prescribed) by a physician,” Ray said. “This is not like that. That would be like asking a physician to prescribe you vodka.”

Hawkins and Ballard also brought up concerns about combining these new beverages and driving. Both law enforcement officials said they have seen driving under the influence cases related to cannabis rise with the number of products available on the market.

While the legal limit to drive with alcohol in your system is 0.08%, any amount of cannabis in a driver’s system can lead to a DUI arrest. But even more than that, Ballard said, driving under the influence can lead to traffic accidents and potential fatalities.

“You can have multiple drinks within an hour and feel no effect,” Ballard said. “That delayed effect, when you get into a vehicle and you start to drive, can then hit you. That’s why it’s a … huge public safety concern.”

Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 37 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.



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Dozen arrested after south Mississippi bust for illegal sales to underage customers

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An investigation into south Mississippi businesses selling “alcohol, dangerous illegal vapes, THC edibles,” and other age-restricted or illegal items to underage customers has resulted in at least a dozen arrests with more possible, according to law enforcement.

An announcement by the Perry County Sheriff’s Office said deputies began an investigation in early 2024 after fielding complaints that some businesses in the county were purposely allowing individuals under the age of 21 to purchase age-restricted products.

Sheriff Jacob Garner said as the investigation unfolded, it quickly became clear that the issue was not restricted to Perry County. Law enforcement in nearby Forrest, Lamar, Marion, Greene, Jefferson Davis, and Jones counties had received similar complaints about businesses in their jurisdictions.

Local agencies teamed up with the U.S. Drug Enforcement Agency for over a year’s worth of identifying subjects, initiating traffic stops, and fielding more calls for service. It culminated on Sept. 11 after 20 search warrants were carried out, with 12 individuals being arrested for their involvement in the businesses selling alcohol, tobacco, and THC to minors.

RELATED: Parents urged to talk with students about tobacco risks

“Anyone who chooses to open a business in Perry County for the purpose of selling illegal narcotics, vapes, or THC products to children or adults will be arrested and prosecuted,” Garner said. “These items – disguised as safe or legal – are destroying lives and endangering the health and safety of our citizens. Business owners profiting off the harm of our children and adults in our county will be prosecuted to the fullest extent of the law.”

Garner added that many of the defendants, while operating in different counties, were working in tandem. The Mississippi Bureau of Narcotics, the Mississippi Bureau of Investigation, and the Mississippi Highway Patrol aided in the investigation that remains active.

The following list of arrests and charges has been announced by the involved law enforcement agencies:

  • Khaled Alhamidi, 55, of Petal: Two counts of aggravated trafficking of a controlled substance, trafficking while in possession of a firearm, and conspiracy to sell a controlled substance.
  • Akram Alhamidi, 25, of Petal: Two counts of aggravated trafficking of a controlled substance, trafficking while in possession of a firearm, and conspiracy to sell a controlled substance.
  • Omar Obaid, 40, of Hattiesburg: Two counts of aggravated trafficking of a controlled substance.
  • Gaizan Abubaker, 37, of Houma, La.: Two counts of aggravated trafficking of a controlled substance.
  • Rami Selah, 32, of Petal: Two counts of aggravated trafficking of a controlled substance, trafficking of a controlled substance while in possession of an enhanced firearm.
  • Bassel Saleh, 53, of Petal: Two counts of aggravated trafficking of a controlled substance.
  • Mark Shaibi, 24, of Petal: Two counts of aggravated trafficking of a controlled substance, trafficking of a controlled substance while in possession of a firearm.
  • Gabr Al-Gabri, 36, of Petal: Two counts of aggravated trafficking of a controlled substance, trafficking of a controlled substance while in possession of an enhanced firearm.
  • Basel Rashad, 30, of Petal: Two counts of aggravated trafficking of a controlled substance, trafficking while in possession of a firearm.
  • Anmed Elgabry, 30, of Petal: Two counts of aggravated trafficking of a controlled substance, trafficking of a controlled substance while in possession of an enhanced firearm.
  • Mohammed Riyadh, 31, of Hattiesburg: Two counts of aggravated trafficking of a controlled substance.
  • Ahmedou Mohamedlaamar, 22, of Perry County: Aggravated trafficking of a controlled substance.



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US marijuana laws explained as Donald Trump reveals plans for change

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Donald Trump is reportedly looking at reclassifying marijuana as a less dangerous drug in the US.

According to an article in the Wall Street Journal, the 79-year-old president is ‘looking at’ making a huge change, which would make it easier to buy and sell weed, making the multibillion-dollar industry more profitable.

The publication’s sources claimed that during a recent fundraiser held at his New Jersey golf club, where tickets for the event went for a whopping $1 million each, the Republican leader first spoke of the potential plans.

He allegedly said he was ‘looking at’ possibly changing the classification of marijuana from a Schedule I controlled substance to a Schedule III substance.

In simple terms, this doesn’t mean it would make the drug completely legal across the US, but it would help ease restrictions on it.

Donald Trump is reportedly considering whether to reclassify marijuana in the US (Bloomberg/Getty Images)

Donald Trump is reportedly considering whether to reclassify marijuana in the US (Bloomberg/Getty Images)

At the event, speaking of tweaking the federal restrictions for the drug, Trump allegedly said: “We need to look at that. That’s something we’re going to look at.”

Then, according to The Telegraph, speaking at a press conference on Monday, the US president affirmed: “We’re looking at reclassification, and we’ll make a determination over, I’d say, the next few weeks.”

He reportedly added that the decision is ‘very complicated’ – so, let’s break it down.

How do US marijuana laws work?

At a federal level, marijuana remains illegal in the US as per the 1970 Controlled Substances Act, however, many states have made their own rules for cannabis use.

As we mentioned earlier, it’s federally classified as a Schedule I drug – this means that federal law considers it to have a ‘high potential for abuse’ and ‘no currently accepted medical use in treatment in the United States’.

But, despite its federal classification, 24 states plus the District of Columbia have fully legalised weed, meanwhile others have opted to only allow it for medicinal purposes.

Cannabis legalisation in individual states can be done in a number of ways, ranging from fully illegal to legal for both medicinal and recreational use.

If you’re in a state that has completely legalised recreational marijuana and you’re 21 or older, you have the right to use cannabis products for your own personal enjoyment.

However, this doesn’t always mean it’s legal to purchase – confusing, I know.

For example, while it’s illegal to buy marijuana in Washington, DC, it’s legal for anyone 21 and older to possess up to two ounces of it and grow up to six marijuana plants in the district.

So essentially, it’s all down to the state you’re in and their specific regulations.

America's cannabis laws can be a tricky subject to wrap your head around (Justin Sullivan/Getty Images)

America’s cannabis laws can be a tricky subject to wrap your head around (Justin Sullivan/Getty Images)

What would happen if marijuana became a Schedule III drug?

If Trump were to go ahead and reclassify marijuana as a Schedule III drug, this would be a pretty big change up and down America.

According to the US government’s website, Schedule III drugs are defined as drugs ‘with a moderate to low potential for physical and psychological dependence’ and their ‘abuse potential is less than Schedule I and Schedule II drugs’.

Some examples of Schedule III drugs are products containing less than 90 milligrams of codeine per dosage unit, such as Tylenol with codeine, ketamine, anabolic steroids, and testosterone.

Meanwhile, Schedule I drugs are defined as drugs with no currently accepted medical use and a high potential for abuse.

Some examples include heroin, LSD, ecstasy, and as of right now, marijuana.

It’s important to note that the switch up would not make marijuana completely legal – it would just help ease restrictions and create more opportunities for medical uses and possible tax breaks for marijuana companies.

The Republican leader is said to be 'looking at' possibly switching marijuana from a Schedule I drug to a Schedule III drug (Emilija Manevska/Getty Images)

The Republican leader is said to be ‘looking at’ possibly switching marijuana from a Schedule I drug to a Schedule III drug (Emilija Manevska/Getty Images)

Which US states is marijuana currently legal in?

States where marijuana is fully legal:

  • Alaska
  • Arizona
  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Ohio
  • Oregon
  • Rhode Island
  • Vermont
  • Virginia
  • Washington

States where marijuana is legal for medical purposes only:

  • Alabama
  • Arkansas
  • Florida
  • Georgia (CBD oil only)
  • Hawaii
  • Indiana (CBD oil only)
  • Iowa (CBD oil only)
  • Kentucky
  • Louisiana
  • Mississippi
  • New Hampshire
  • North Dakota
  • Oklahoma
  • Pennsylvania
  • South Dakota
  • Tennessee (CBD oil only)
  • Texas
  • Utah
  • West Virginia
  • Wisconsin (CBD oil only)
  • Wyoming (CBD oil only)



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D.C. board rejects ANC 5A challenge to new medical cannabis retailer

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D.C. board rejects ANC 5A challenge to new medical cannabis retailer in Ward 5

The D.C. Alcoholic Beverage and Cannabis Board has rejected ANC 5A’s bid to reinstate its protest against a new Clinical Solutions medical cannabis dispensary in Ward 5, ruling that the ANC’s objections about daycare proximity and safety lacked the specific statutory grounds required to proceed; the license application remains on track, though the decision can still be appealed.

  • Alt Sol was featured by wtop News.
  • Catch up on today’s ABC Board meeting: watch, agenda
  • Sept. 24, Black Cannabis Week’s D.C. event, “From Prohibition to Policy.” 
  • A GOP-led House committee is advancing a bill to repeal Washington, D.C.’s Second Chance Amendment Act—which automatically expunges past cannabis possession records—framing the move as part of a broader “restoring law and order” initiative. 

Workers protest at Maryland dispensary grand reopening over labor disputes

Cannabis workers and community members protested outside The Apothecarium’s grand reopening in Cumberland, Md., on Sept. 5, alleging the company engaged in union-busting and stalled contract negotiations since employees voted to unionize last year. UFCW Local 27 says workers are demanding fair pay and just cause protections, while the company has not yet issued a response.

Virginia’s 2025 gubernatorial race may decide future of legal cannabis market

Over half of Virginians have used cannabis, but the state currently lacks a legal retail market, though a bipartisan commission is studying its potential and the issue is expected to hinge on the 2025 gubernatorial election. Democratic candidate Abigail Spanberger supports establishing a regulated retail market to boost revenue and public safety, while Republican nominee Winsome Earle-Sears opposes legalization, citing cannabis as a gateway drug.

ICYMI: D.C. Dispensaries Boom, Trulieve Expands, Virginia Cannabis Hits a Turning Point

East Coast Roundup

Once a dominant force in Massachusetts‘ cannabis industry, Fitchburg-based Rev Clinics supplied products to approximately 75% of the state’s dispensaries. However, the company has faced significant challenges leading to its collapse.

A CBD shop in Connecticut shut down following allegations of illegal cannabis sales. The owner has agreed to a settlement.

New York’s licensed cannabis sales surpassed $2.09 billion, with over $1 billion generated in 2025 alone, indicating a robust and expanding market despite market turmoil.

The New York State Office of Cannabis Management announced the transition to the Metrc system for tracking cannabis from seed to sale will start in 2026.

Delaware’s recreational cannabis market achieved $7.3 million in sales during its inaugural month, signaling a strong consumer demand.

The Massachusetts Attorney General certified 44 ballot proposals for the 2026 election, including one aiming to repeal the state’s 2016 law legalizing recreational marijuana sales. This proposal, led by Sudbury resident Caroline Alcock Cunningham, seeks to shut down recreational dispensaries and impose civil penalties for public possession exceeding one ounce.

Culture & More 

A new report highlights a significant rise in cannabis use among Americans aged 65 and older, with a 46% increase between 2021 and 2023. 

USF Credit Union has introduced ‘Verde,’ a cannabis banking program aimed at providing financial services to the legal cannabis industry in Florida. 

A new study found that THC can reach the human egg and may affect female fertility. Women who had THC in their follicular fluid showed a small increase in egg maturity but a lower rate of healthy embryos.

Around the Country 

Mississippi’s medical cannabis program is expanding rapidly, with an average of 50 new patient cards issued daily. As of August 2025, the state has approximately 50,000 active cards, up from 40,000 in June 2024. 

Texas retailers are relieved after the state legislature failed to pass a ban on THC products during the second special session. Despite this, Lt. Gov. Dan Patrick remains committed to a total ban, citing concerns over youth access.

California’s use of drones to monitor illegal cannabis cultivation led to unintended consequences, including the targeting of residents without cannabis operations. In Sonoma County, drone surveillance resulted in fines, evictions and legal battles for individuals who had no cannabis involvement. 

From the swamp

Former Trump advisor Kellyanne Conway is reportedly a strong proponent of rescheduling cannabis, according to a GOP congressman. Her support adds a notable voice to the ongoing debate over federal cannabis policy reform. 

OPINION: A Washington Post opinion piece argued that a loophole in the 2018 Farm Bill allows children access to psychoactive hemp-derived substances like delta-8 and delta-10 THC. 

Employment Opportunity: DC Licensed Internet Retailer Dispensary Now Hiring. Contact info@getlocald.com to Learn More.



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