Businesses that produce or sell intoxicating hemp products in Mississippi should prepare for significant changes due to the federal THC ban included in the recent spending bill. This legislation will render intoxicating hemp products illegal at the federal level starting next year.
Attempts by the Mississippi Legislature to implement similar measures have previously failed, as related bills did not receive sufficient votes to advance. However, provisions to outlaw intoxicating hemp products were incorporated into the federal resolution aimed at preventing a government shutdown.
Impact on Hemp Products
The federal ban specifically targets hemp products intended for human consumption with THC levels exceeding the legal limit of 0.3 percent. Senator John Polk (R) noted that these products emerged as a result of a loophole in the 2018 Farm Bill, which permitted their sales.
State Representative Lee Yancey (R) has previously introduced legislation to mandate testing of hemp products in Mississippi to ensure compliance with THC regulations. He explained that the current intoxicating hemp market is a product of the federal government’s failure to create an adequate regulatory framework.
Future Regulatory Landscape
With the recent federal legislation set to take effect, Yancey does not anticipate pursuing additional state-level regulations at this time. He believes the federal government may shift towards regulatory measures rather than an outright ban.
“Those in Washington favoring regulation have a year to establish requirements for hemp products before the ban is enforced,” Yancey stated. He expressed hope that new regulations will include provisions to prevent minors from purchasing such products, addressing a key concern in Mississippi’s legislative attempts.
Despite the impending ban, there are concerns that the intoxicating hemp market may shift to illegal channels. Yancey mentioned that individuals with qualifying medical conditions can still access legal cannabis through Mississippi’s medical program.
Mississippi’s Medical Cannabis Program
Senator Polk has expressed his support for the state’s medical cannabis program and hopes the new federal regulations will not adversely impact it. “I’m uncertain about the full implications of the THC ban, but I assume it will not affect Mississippi’s medical marijuana law,” Polk remarked.
Currently, intoxicating hemp products such as gummies and beverages are available in various retail outlets nationwide. While most adhere to a limit of 5 milligrams of THC per 12-ounce container, some do not.
Call for Regulation
Yancey emphasized the pressing need for regulation in this industry. With the new federal law on the horizon, it’s likely that lawsuits may emerge from stakeholders affected by the upcoming changes.
Yancey clarified that hemp farmers producing non-intoxicating products, such as soap and rope, are expected to remain unaffected by the legislation. Senator Polk cautioned that exploiting loopholes to create a business model comes with risks, stating that participants should not be surprised if regulatory changes affect their operations.
