Biloxi Councilman Robert Deming III’s CBD and kratom stores in Mississippi and North Carolina are currently under federal investigation. The U.S. Drug Enforcement Administration (DEA) has reported that agents discovered synthetic cannabis, commonly known as spice, labeled as CBD supplements and edibles within some of these retail locations. Additionally, Deming’s residence in Biloxi was also subjected to a raid, raising concerns about the regulatory landscape of the CBD industry in Mississippi.
Cannabis Regulation in Mississippi
The cultivation, processing, sale, use, and transportation of hemp have been legalized in Mississippi since 2020, following the passage of Senate Bill 2725, known as the Mississippi Hemp Cultivation Act. This legislation has led to growth in the local cannabis market, but the recent events have prompted scrutiny regarding compliance and oversight.
Understanding THC and CBD
Marijuana comprises over 100 compounds known as cannabinoids, with CBD (cannabidiol) and THC (tetrahydrocannabinol) being among the most prevalent. THC is responsible for the psychoactive effects associated with marijuana and can lead to severe side effects such as addiction and altered perception. In Mississippi, medical marijuana is restricted to a maximum total THC content of 30%.
Conversely, CBD is available in various forms, including oils, creams, and edibles. It is believed to alleviate chronic pain, anxiety, inflammation, and insomnia. Health experts have highlighted that while CBD does not induce a high, it can still pose side effects like irritability and potential liver damage, and it may interact with other medications. Vulnerable populations, such as children and pregnant individuals, are particularly at risk.
Federal Regulation of CBD
Since cannabis has been federally illegal since 1937, CBD was classified as a Schedule I narcotic in 1970, alongside drugs such as LSD and heroin. However, a significant shift occurred in 2018 when the Farm Bill, signed by President Trump, removed hemp from the Controlled Substances Act, allowing the FDA to regulate CBD products.
Under current federal law, hemp is defined as cannabis containing less than 0.3% THC. Although CBD products are now subject to FDA oversight, the agency has limited its regulatory scope due to insufficient research on safety and efficacy. The FDA has approved only one CBD product—a prescription drug for specific seizure disorders.
Future of CBD Regulation
Regulatory changes may be forthcoming. FDA officials recently convened to discuss potential regulations on CBD products, emphasizing the need for collaboration with Congress to ensure consumer safety and oversight in the CBD marketplace. However, the panel denied several petitions to regulate CBD in dietary supplements, citing a lack of consistent safety data.
The recent raid on Deming’s stores marks a critical moment for stakeholders in the Mississippi cannabis industry, emphasizing the urgent need for clear regulations and compliance to ensure market integrity and consumer safety.