In a recent correspondence with Mississippi state Rep. Lee Yancey (R), Mississippi Attorney General Lynn Fitch (R) indicated that intoxicating hemp-derived products are considered “prohibited” under the state’s Controlled Substances Law. However, Fitch refrained from giving an “official opinion” regarding the legality of possessing these products, citing federal regulations that permit hemp cultivation.
Fitch elaborated, stating, “Except for products possessed in strict accordance with the provisions of the Mississippi Medical Cannabis Act, the possession – with intent to sell, barter, transfer, manufacture, distribute, or dispense – of a product derived from the hemp plant designed for human ingestion and/or consumption that is not approved by the United States FDA is prohibited under Mississippi’s Uniform Controlled Substances Law.” This clarification came in response to Yancey’s inquiry regarding the state law’s stance on hemp-derived items intended for consumption outside the medical cannabis program.
Clarification on Hemp Products
“Mississippi law does not specifically address the possession or sale of products derived from the hemp plant designed for human ingestion and/or consumption,” Fitch noted. She also pointed out that the Mississippi Medical Cannabis Act allows for the sale and possession of medical cannabis products, which includes edible cannabis goods.
Although Mississippi permits hemp cultivation, the state Department of Agriculture and Commerce has stated that “the necessary funding to implement the program was not appropriated by the Mississippi Legislature.” Consequently, the federal Department of Agriculture oversees the licensing of hemp cultivators in the state.
Yancey previously sponsored a bill aimed at banning intoxicating hemp products during this legislative session, but the proposal was not discussed by lawmakers and ultimately expired when the legislature concluded its session in April.