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Midwest hemp industry thrives despite legal cannabis hurdles

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Depending what side of the Mississippi River you find yourself on, your ability to purchase legal marijuana is drastically different. As of August 2023, Minnesota residents can buy, grow and use marijuana as long as they are 21 or older. Wisconsin still criminalizes the plant.

Despite different legal status, marijuana is still not widely available in Minnesota yet. The legal change is very new to the state, and licenses for dispensaries to sell recreational marijuana are still a ways down the line.

“They’re looking at starting to issue licenses early next year. Hopefully sooner, but looking at next spring,” said Harry Penner, co-founder of Ripple Leaf Farms in Winona, Minnesota. “We’re looking to get a license that would allow us to have a small grow area and also retail.”

Until then, both Minnesota and Wisconsin remain on the same page regarding what is commercially available. Smoke shops and dispensaries sell cannabis products that legally qualify as hemp, not marijuana, even if they can have similar effects.

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CBD and CBG at The Rippled Leaf in Winona

CBD and CBG products are seen at The Rippled Leaf in Winona in May 2023. While marijuana is now legal for recreational use in Minnesota, the drug is not widely commercially available in the state.




Growing in Wisconsin

In the back lot of what once was the La Crosse Rubber Mills, a major growing operation develops the raw ingredient that props up the industry. Fans line the ceilings of the grow rooms, blowing moist air containing a strong sweet and earthy aroma that sticks to anything that touches the plants. Green sticky stalks line several rooms, ready to be cut, dried and bagged up as pure buds, pre-rolled joints, gummies, chocolates and more.

Yes, this is cannabis, but it is not marijuana. With careful seed selection and breeding practices, Dan Schmidtknecht and the team at Stacks Family Farms are legally growing hemp. It grows and smokes the same, but with close to none of the chemicals that would constitute it as marijuana, a Schedule I controlled substance in Wisconsin.

Cannabis is the overarching term for both hemp and marijuana plants.

Tetrahydrocannabinol, commonly known as THC, is the psychoactive component of cannabis that gives users various feelings from euphoria to anxiety. In marijuana, this chemical typically makes up 30-40% of the cannabis plant. In hemp, THC levels are 0.3% or less of the plant.







La Crosse Cannabis farm

Gio Donisi tends to the hemp plants at Stacks Family Farms in La Crosse on Tuesday, April 16. The farm produces a form of cannabis which contains levels of THC at or under the state’s legal limit of 0.3%.




Because the THC is derived from hemp instead of marijuana, making THC products is legal across the country with hemp. It requires a lot more flower to make products with hemp than marijuana to get people high, but it still can grant the same effects.

Because of the Agriculture Improvement Act of 2018, growing hemp is permitted across the country with a license and USDA supervision. Businesses like Stacks Family Farms have been jumping at the opportunity to grow hemp since the bill passed.

Dan Schmidtknecht, president of Stacks Family Farms and THC drink company Sensi, said getting off the ground was an uphill battle.

“It took us about 16 months to get fully set up and ready. The building needed a lot of changes to get it in the state we wanted to grow our product in,” Schmidtknecht said.

Stacks Family Farms sells its product across the country from California to their Minnesotan neighbors. To Schmidtknecht, the divide between Minnesota and Wisconsin laws is not a bad thing.

“It’s healthy. It gets rid of the negative stigma now that things are becoming legal. It takes the taboo of what we’re doing away,” Schmidtknecht said. “It doesn’t really affect our business that much because we’re able to sell almost every legal product that legal states can sell. Our gummies are dispensary quality get-you-high gummies.”







La Crosse Cannabis farm

Dan Schmidtknecht, co-owner of Stacks Family Farms, stands in a storage room at the company’s facilities in La Crosse on Tuesday, April 16. The company produces an array of products including edible gummies, beverages and smokable flower.




‘The right way’

Growing hemp is an unrelenting process. To ensure growers work within federal law, USDA staff check on the Stacks operation once a month and any time they are ready to harvest a crop.

USDA staff test to make sure THC levels of the plant remain below 0.3%. If the legal amount is exceeded, the USDA will destroy the entire harvest. Having a hemp license protects the business from prosecution if a harvest is above the legal limit.

The growing process is also tedious. At Stacks, hemp is grown in hermetically sealed grow rooms with hyper-regulated humidity, temperature, light and soil moisture. Staff tending to the plants shower and change into new clothing before working to keep all contaminants out of the process.

“We’re trying to do everything the right way. Wisconsin’s really unregulated, so there’s a lot of bad players out there, people that aren’t getting their stuff tested or are getting it manufactured in other states,” Schmidtknecht said.

After a harvest is complete, the flower buds are cut, dried and turned into various products. Large flower buds are sold wholesale, smaller buds become pre-rolled joints and the trimmings are sent to Carbon Cannabis for oil extraction.

Carbon Cannabis and Stacks Family Farms have a long-running exchange for edible products. Through CO2 treatments, Carbon Cannabis can turn Stacks’ hemp into potent cannabis oil. This oil is then used in chocolates, gummies and even seltzer drinks.

These hemp products give users a similar effect as marijuana products would. Even with legalized marijuana in Minnesota, Schmidtknecht said Stacks will continue to grow its hemp-based products.

Penner added that the Rippled Leaf shop in Winona will also continue to sell hemp products as long as people buy them. Although it is only possible through some legal loopholes, the demand for hemp-based products is not an anomaly and has remained strong in states that have legalized marijuana.







La Crosse Cannabis farm

Gio Donisi sorts clones of a hemp plant at Stacks Family Farms in La Crosse on Tuesday.




Change in reception

Last year, Stacks Family Farms and Carbon Cannabis entered their first full partnership with Sensi, a new THC seltzer with all natural ingredients and cannabis oil. Sensi is named after sensimilla, the seedless female form of the cannabis flower.

Schmidtknecht and the team behind the drink marketed the seltzer for common consumers and sought to put Sensi into grocery stores and bars across the region. Reception was slow at first. Many store and bar owners were confused about the legality of THC products and were wary to stick their neck out for it.

“Now, reception is overwhelmingly positive. We have people reaching out to us to carry our products way more than people saying no,” Schmidtknecht said. “It’s probably 90-10 going cold stop into bars now. Ninety percent are going to say, ‘Yes, let’s try it out.’”

For Schmidtknecht, Sensi’s value is in letting consumers control their high. Sensi drinks come in two variants: 7.5 mg of THC and 2.5 mg. For comparison, a typical THC joint contains about 30-40 mg of THC, depending on the specific product.

At low THC values, consumers can direct their high to their liking. First-time users can dip their toes into the THC experience and see if it is for them or not.

Penner and Schmidtknecht said some cannabis users can feel anxiety with too much THC, and both recommend controlled doses like edibles for the first-time user or the returning consumer who might have been turned off from cannabis after an anxious experience.

“Even if you’re a beginner, you can have one to two and you’re not going to be floored. If you’re someone who needs a big amount of THC, you can have six to seven drinks like people who drink six to seven Bud Lights,” Schmidtknecht said.

Those who consume the cannabis products also should treat them like alcohol and not take part in activities they would not perform if they had been drinking, such as driving or operating machinery.

Is cannabis for you?

Consumers should do their research before using cannabis products. Not all cannabis products receive the same amount of scrutiny in production, and do not always come with a Certificate of Analysis.

For cannabis products, a Certificate of Analysis is a show of proper testing for chemical concentrations in each dose. Without a certificate, a consumer does not truly know what kind of a dose they will get in any product. According to Schmidtknecht, many companies in the industry don’t make their certificates public knowledge.

“We’re competing with a lot of un-proofed players out there,” Schmidtknecht said. “We just want people to know what we’re doing with our product. It’s that simple.”







La Crosse Cannabis farm

Jamey Wing makes pre-rolled joints with Cannabis produced at Stacks Family Farms in Wisconsin.




April 20 is a day of celebration for many people integrated into cannabis culture. The origin of the 420 reference has been attributed to many stories and has entered urban lore, but the symbolism has carried strong regardless.

This year, Stacks Family Farms, Carbon Cannabis and other local dispensaries are hosting their third annual 420 on Front Street celebration at the La Crosse Center. Experts and newbies alike are invited to explore Wisconsin’s budding cannabis culture and who the local players are.

The celebration also serves as the official pre-party to The Wailers’ concert at the La Crosse Center. The Wailers served as Bob Marley’s accompanying band while Marley was still alive. Surviving members of the original band still make up some of the group.



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Mississippi Cannabis News

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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