Mississippi Gulf Coast law enforcement agencies are notifying local businesses that the sale of all hemp-based products intended for human consumption, outside of licensed dispensaries, is illegal. This action follows a recent opinion issued by the Mississippi Attorney General’s Office concerning House Bill 1502, which did not pass in the 2025 legislative session.
Legal Clarification from the Attorney General
The Jackson County Sheriff’s Department recently communicated this legal position through a letter, emphasizing that the sale of hemp products for human ingestion that lack FDA approval is prohibited. The opinion, published on June 11, outlines that, unless sold through a licensed medical cannabis dispensary and in accordance with the Mississippi Medical Cannabis Act, any hemp-derived product designed for human consumption that is not FDA-approved violates Mississippi’s Uniform Controlled Substances Law.
Maryasa Lee, Communications Director for the Attorney General’s Office, stated that an Attorney General’s opinion interprets current law to assist legislators. The opinion clarifies that Mississippi law specifically excludes from the Controlled Substance Act only those hemp products approved by the FDA for human consumption.
Enforcement Actions and Impacts on Local Businesses
Jackson County Sheriff John Ledbetter emphasized the importance of enforcing state laws in his letter, giving businesses a two-day notice to remove non-compliant products from their shelves. Similar notices have been issued statewide, with enforcement actions being initiated promptly.
The Poplarville Police Department, led by Chief Chad Dorn, issued a strong warning that immediate investigations and enforcement efforts would commence, underscoring that non-compliance would result in legal action. Additionally, Pearl River County Sheriff David Allison announced plans to deliver similar notifications to businesses in their jurisdiction.
Response from Legislators and Industry Concerns
State Representative Lee Yancey, who initiated the request for the Attorney General’s opinion after the failure of HB 1502, noted that while the opinion aids law enforcement in regulating hemp products, ambiguity remains that could lead to legal disputes within the hemp industry. Yancey’s proposed bill aimed to target hemp products exceeding the 0.3 percent THC limit established by the 2018 Farm Bill, and he expressed concern that the current enforcement exceeds the intent of his legislation.
Yancey indicated that while he recognizes the need for regulation, the broad application of the opinion could severely limit the availability of CBD products, which do not produce intoxicating effects. The Centers for Disease Control and Prevention (CDC) acknowledges that while the FDA has approved certain CBD products, most remain unapproved, complicating the regulatory landscape for industry stakeholders.
Overall, the enforcement actions taken by law enforcement agencies in Mississippi underscore the evolving legal framework surrounding hemp-based products, raising questions about future legislative measures and their implications for the cannabis industry in the state.
