All participants in Mississippi’s cannabis industry should pay close attention to an opinion recently published by the Mississippi Attorney General’s Office on June 11, 2025. This opinion addressed three key questions posed by Mississippi Rep. Lee Yancey regarding the legality of non-FDA approved hemp-derived products intended for human ingestion and/or consumption.
Key Questions Addressed
- Is the sale of non-FDA approved hemp-derived products designed for human consumption prohibited in Mississippi?
- Is the possession of these products prohibited?
- If so, are municipalities allowed to enact rules prohibiting or penalizing the sale and/or possession of such products?
The Attorney General addressed the first two questions affirmatively, concluding that the terms of the Mississippi Uniform Controlled Substances Law (MSCSL) prohibit the sale and possession of these products, unless they comply with the medical cannabis laws and regulations in the state. However, the opinion noted its limitations due to the influence of federal law, stating, “A complete response to [Yancey’s] request is outside the scope of an official opinion.”
Exemptions to the Prohibition
The opinion highlighted two primary exemptions to the MSCSL’s prohibition on THC. While THC, the psychoactive component of cannabis, is illegal under the MSCSL, specific allowances exist. These include hemp products approved for human consumption by the FDA and products managed under Mississippi’s medical cannabis laws. A third exemption referenced in the opinion relates to “hemp,” as defined and regulated under the Mississippi Hemp Cultivation Act (MHCA).
While many have interpreted the third exemption as permitting the sale and possession of hemp that fits the MHCA’s definition, the Attorney General’s Office appears to adopt a more restrictive interpretation. A footnote suggests that until the MHCA is fully implemented, that exemption may not apply. This stance implies that unless a hemp product is FDA-approved for human consumption or handled in accordance with medical cannabis laws, its sale and possession are prohibited by the MSCSL.
Limitations and Federal Influence
The opinion acknowledges the complexities introduced by federal law. It notes that the cultivation of hemp in Mississippi is legalized and managed under federal guidelines, thus stating, “this office cannot opine on questions of federal law.” The opinion concludes that because of the impact of federal regulations, it cannot provide a complete legal analysis.
While the Attorney General’s opinions are not considered binding precedent, this particular opinion undoubtedly captures the attention of stakeholders in Mississippi’s consumable hemp and medical cannabis industries. It is likely that the opinion will serve as a reference point in the upcoming legislative session when further hemp-related bills are introduced.