Are hemp-derived edibles, drinks, and other ingestible products legal to sell or possess in Mississippi without going through a medical cannabis dispensary?

Plain-English summary

Representative Lee Yancey asked three questions about hemp-derived products meant for human ingestion (gummies, drinks, edibles, tinctures) and whether they are legal under Mississippi law:

1. Is selling a hemp-derived ingestible product that is not FDA-approved prohibited, except by a licensed medical cannabis dispensary?
2. Is possessing such a product prohibited, except under the Mississippi Medical Cannabis Act?
3. If state law does not prohibit it, can a city, county, or other political subdivision enact its own ban?

The AG's answers:

1. Yes, generally prohibited. Mississippi's Uniform Controlled Substances Law (Sections 41-29-101, et seq.) bans sale of marijuana and THC, both of which are Schedule I substances. Hemp products that are not FDA-approved are not exempt from those Schedule I categories. The only legal sale path is through a medical cannabis dispensary under the Mississippi Medical Cannabis Act (Sections 41-137-1 et seq.) in strict compliance with that Act.

2. Yes for "possession with intent to sell, barter, transfer, manufacture, distribute or dispense." Section 41-29-139(a) prohibits both sale and possession-with-intent-to-distribute. Possession (with intent) of a hemp-derived ingestible product not FDA-approved is prohibited unless it is medical cannabis under the Act. The AG declined to give a complete answer on possession because cultivation of hemp in Mississippi is licensed and controlled by federal law (the USDA Domestic Hemp Production Program under 7 U.S.C. § 1639o), and Section 7-5-25 bars the AG from opining on federal law.

3. Moot, because state law already prohibits sale and possession-with-intent.

The AG noted that the Mississippi Hemp Cultivation Act (Sections 69-25-201 et seq.) was passed but never implemented because the Legislature did not appropriate the funding required by Section 69-25-223. So the state-law hemp exemption tied to that Act is dormant. Cultivation in Mississippi runs through the federal USDA program, not the unimplemented state program.

Two specific Schedule I exemptions matter:

• Section 41-29-113(d)(31)(v) exempts "[h]emp as defined and regulated under Sections 69-25-201 through 69-25-221": but those sections are not in effect.
• Section 41-29-113(d)(31)(vi) exempts "[a]ny product derived from the hemp plant designed for human ingestion and/or consumption that is approved by the United States [FDA]": FDA-approved products are out of the Schedule I prohibition.

So the legal hemp-derived ingestible products in Mississippi are: (a) FDA-approved drugs (think Epidiolex), and (b) products sold through a licensed medical cannabis dispensary in compliance with the Medical Cannabis Act. Everything else (gummies, drinks, edibles, "Delta-8" or "Delta-9 THC" hemp products that are not FDA-approved) is prohibited.

The AG also said this opinion controls over any prior conflicting opinions on the issue.

What this means for you

For hemp retailers, law enforcement, and others

The opinion holds that "the sale 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," except for products "sold through a duly licensed medical cannabis dispensary and in strict accordance with" the Medical Cannabis Act. It reaches the same result for "possession, with intent to sell, barter, transfer, manufacture, distribute or dispense." The reasoning is that marijuana and THC are Schedule I substances (§ 41-29-113(d)(23)(A); (d)(31)), and the only relevant exemption it identifies is for a hemp product "approved by the United States [FDA]" under § 41-29-113(d)(31)(vi). The opinion states it "is controlling" over any prior conflicting opinions.

On the federal-law limit and the dormant state hemp act

The opinion is careful about its boundary. It notes that "the cultivation of hemp in Mississippi is legalized, licensed, and controlled by federal law," that under § 7-5-25 the office "cannot opine on questions of federal law," and that "to the extent that federal law controls the issues presented in your request, a complete response is outside the scope of an official opinion." It does not decide any preemption question. A footnote explains that the other hemp exemption (§ 41-29-113(d)(31)(v), tied to §§ 69-25-201 through 69-25-221, the Mississippi Hemp Cultivation Act) is dormant because the Legislature did not appropriate funding under § 69-25-223.

For consumers

On the opinion's reading, hemp-derived ingestibles that are neither FDA-approved nor sold through a licensed medical cannabis dispensary fall outside the legal framework. The opinion identifies the Medical Cannabis Act (and FDA-approved products) as the lawful lanes; it does not give consumer instructions beyond describing that framework.

Common questions

Are hemp-derived gummies legal in Mississippi?
Generally no, not unless they are FDA-approved or sold through a licensed medical cannabis dispensary in compliance with the Medical Cannabis Act. Most retail "hemp gummies" sold at convenience stores or vape shops do not meet either condition.

What about Delta-8 or Delta-9 hemp products?
The AG analysis turns on whether the product is FDA-approved (the only listed exemption in Section 41-29-113(d)(31)(vi)) and whether it falls under the Medical Cannabis Act. Most Delta-8 and Delta-9 hemp products are neither, so they are prohibited under the Uniform Controlled Substances Law.

What about CBD oils and topicals?
The AG opinion was specifically about products "designed for human ingestion and/or consumption." Topicals (creams, balms) for non-ingestion use are a different question that this opinion does not directly answer. Consult counsel on the specific product.

Is hemp cultivation legal in Mississippi?
Yes, but only under the federal USDA Domestic Hemp Production Program. The state's own Hemp Cultivation Act (Sections 69-25-201 et seq.) was passed but never implemented because the Legislature did not appropriate funding. So state-law cultivation is essentially dormant; federal-law cultivation operates.

What is FDA-approved hemp?
The exemption in Section 41-29-113(d)(31)(vi) covers products derived from hemp that are FDA-approved as drugs. Epidiolex (cannabidiol oral solution for certain seizure disorders) is the well-known example. Most retail hemp-derived ingestibles are not FDA-approved drugs.

Can a city ban hemp ingestibles separately?
The opinion treated the local-ordinance question (question 3) as moot, because it had already concluded that state law prohibits the sale and possession-with-intent of these products outside the Medical Cannabis Act. It did not separately analyze local ordinance authority.

Background and statutory framework

The AG opinion stitches together three statutory frameworks: the federal hemp definition under 7 U.S.C. § 1639o, the Mississippi Uniform Controlled Substances Law (Sections 41-29-101 et seq.), and the Mississippi Medical Cannabis Act (Sections 41-137-1 et seq.).

Federal hemp definition (7 U.S.C. § 1639o):

the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Mississippi cultivation runs through the federal USDA Domestic Hemp Production Program. The state's own Hemp Cultivation Act (Section 69-25-201 et seq.) was authorized but not funded under Section 69-25-223 ("subject to legislative appropriation or receipt of necessary funding"), so it remains unimplemented.

Mississippi Uniform Controlled Substances Law:

• Section 41-29-139(a): "it is unlawful for any person knowingly or intentionally . . . [t]o sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance."
• Section 41-29-105(r) defines marijuana: "all parts of the plant of the genus Cannabis and all species thereof, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds, excluding hashish."
• Section 41-29-113(d)(23)(A) and (d)(31) include marijuana and THC on the Schedule I list.
• Section 41-29-113(d)(31) defines THC broadly to include synthetic equivalents and "synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity."
• Section 41-29-113(d)(31)(v) exempts "[h]emp as defined and regulated under Sections 69-25-201 through 69-25-221": currently dormant.
• Section 41-29-113(d)(31)(vi) exempts "[a]ny product derived from the hemp plant designed for human ingestion and/or consumption that is approved by the United States [FDA]."

Mississippi Medical Cannabis Act (Sections 41-137-1 et seq.) authorizes sale and possession of medical cannabis products, including edible cannabis products, "[s]ubject to the conditions, limitations, and requirements and exceptions set forth in [that] chapter." Section 41-137-9(2). Outside that Act, marijuana and THC remain Schedule I.

Section 7-5-25 limits AG opinions to prospective questions of state law and excludes federal law. The AG noted the federal-law overlap on hemp cultivation but declined to opine on federal preemption questions.

This opinion controls over any prior conflicting AG opinions on the same issue.

Citations

• Miss. Code Ann. §§ 41-29-101, et seq. (Mississippi Uniform Controlled Substances Law)
• Miss. Code Ann. § 41-29-105(r) (definition of marijuana)
• Miss. Code Ann. § 41-29-113(d)(23)(A) (marijuana on Schedule I)
• Miss. Code Ann. § 41-29-113(d)(31) (THC on Schedule I)
• Miss. Code Ann. § 41-29-113(d)(31)(v) (hemp exemption tied to unimplemented state Hemp Cultivation Act)
• Miss. Code Ann. § 41-29-113(d)(31)(vi) (FDA-approved hemp ingestibles exemption)
• Miss. Code Ann. § 41-29-139(a) (criminal prohibition on sale or possession-with-intent of controlled substances)
• Miss. Code Ann. §§ 41-137-1, et seq. (Mississippi Medical Cannabis Act)
• Miss. Code Ann. § 41-137-9(2) (medical cannabis sale and possession authority)
• Miss. Code Ann. §§ 69-25-201, et seq. (Mississippi Hemp Cultivation Act, currently unimplemented)
• Miss. Code Ann. § 69-25-223 (implementation contingent on funding)
• Miss. Code Ann. § 7-5-25 (scope of AG opinions; no federal-law analysis)
• 7 U.S.C. § 1639o (federal hemp definition)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/06/L.-Yancey-June-11-2025-Legality-of-Hemp-Products-for-Human-Ingestion-and-or-Consumption.pdf

Original opinion text

June 11, 2025
The Honorable Lee Yancey
Mississippi House of Representatives
192 Dogwood Place
Flowood, Mississippi 39232
RE: Legality of Hemp Products for Human Ingestion and/or Consumption
Dear Representative Yancey:
The Office of the Attorney General has received your request for an official opinion.
Questions Presented

1. Is the sale of a product derived from the hemp plant designed for human ingestion and/or
   consumption that is not approved by the United States Food and Drug Administration
   ("FDA") prohibited in this state, except, if at all, by a duly licensed medical cannabis
   dispensary and in strict accordance with the provisions of the Mississippi Medical
   Cannabis Act?
2. Is the possession of a product derived from the hemp plant designed for human ingestion
   and/or consumption that is not approved by the United States FDA prohibited in this state,
   except, if at all, by a person possessing a valid medical cannabis card and in strict
   compliance with the provisions of the Mississippi Medical Cannabis Act?
3. If the sale and/or possession 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 not
   prohibited in this state, except, if at all, in strict accordance with the provisions of the
   Mississippi Medical Cannabis Act, is it within the authority of a municipality, county, or
   other political subdivision of this state to enact, adopt, and enforce a rule, ordinance, order,
   resolution, or other regulation that prohibits or penalizes the sale and/or possession of the
   same?

Brief Response

1. Except for products sold through a duly licensed medical cannabis dispensary and in strict
   accordance with the provisions of the Mississippi Medical Cannabis Act, the sale 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.
2. 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. However, 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.[1]
3. Due to the answers to questions one and two, this question is moot.
   Applicable Law and Discussion
   Hemp is legally grown in Mississippi with a license obtained through "the U.S. Department of
   Agriculture (USDA) under the USDA Domestic Hemp Production Program." Hemp Cultivation
   in Mississippi, https://www.mdac.ms.gov/hemp-cultivation-in-ms/ (last visited June 10, 2025).
   Therein, hemp is defined as "the plant Cannabis sativa L. and any part of that plant, including the
   seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
   whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3
   percent on a dry weight basis." 7 U.S.C. § 1639o.
   Mississippi law does not specifically address the possession or sale of products derived from the
   hemp plant designed for human ingestion and/or consumption. However, as implied by your
   questions, the Mississippi Medical Cannabis Act, Sections 41-137-1, et seq., allows for the sale
   and possession of medical cannabis products, including edible cannabis products, "[s]ubject to the
   conditions, limitations, and requirements and exceptions set forth in [that] chapter." See Miss.
   Code Ann. § 41-137-9(2).
   The sale and possession of controlled substances, generally, is addressed in Mississippi's Uniform
   Controlled Substances Law, Sections 41-29-101, et seq. Pursuant to Section 41-29-139(a), "it is
   unlawful for any person knowingly or intentionally . . . [t]o sell, barter, transfer, manufacture,
   distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or
   dispense, a controlled substance." (emphasis added). Marijuana and THC are included on
   Mississippi's Schedule I controlled substances list. Miss. Code Ann. § 41-29-113(d)(23)(A); (31).
   Marijuana is defined as "all parts of the plant of the genus Cannabis and all species thereof, whether
   growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or
   preparation of the plant or its seeds, excluding hashish." Miss. Code Ann. § 41-29-105(r). THC is
   defined as:

Tetrahydrocannabinols, meaning tetrahydrocannabinols contained in a plant of the
genus Cannabis (cannabis plant), as well as the synthetic equivalents of the
substances contained in the cannabis plant, or in the resinous extractives of such
plant, and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity to those substances contained in
the plant . . . .

Miss. Code Ann. § 41-29-113(d)(31). There are certain exemptions from these two Schedule I
controlled substances, such as medical cannabis products as defined and regulated under Sections
41-137-1, et seq., and "[a]ny product derived from the hemp plant designed for human ingestion
and/or consumption that is approved by the United States [FDA]."[2] Miss. Code Ann. § 41-29-113(d)(31)(vi) (emphasis added).
While Mississippi's Uniform Controlled Substances Law may prohibit the sale or possession (with
intent) of a product derived from the hemp plant designed for human ingestion and/or consumption
that is not approved by the United States FDA, except for products sold or possessed in strict
accordance with the provisions of the Mississippi Medical Cannabis Act, the cultivation of hemp
in Mississippi is legalized, licensed, and controlled by federal law. In accordance with Section 7-5-25, this office cannot opine on questions of federal law. Therefore, to the extent that federal law
controls the issues presented in your request, a complete response is outside the scope of an official
opinion.
In the event any prior opinions conflict with this one, this opinion is controlling on the issues
presented in your request.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General

[1] The Mississippi Hemp Cultivation Act, Mississippi Code Annotated Sections 69-25-201, et. seq., has not been
implemented. See Hemp Cultivation in Mississippi, https://www.mdac.ms.gov/hemp-cultivation-in-ms/ (last visited
June 10, 2025) ("Although the act allowed for a state hemp cultivation program, the necessary funding to implement
the program was not appropriated by the Mississippi Legislature."); see also Miss. Code Ann. § 69-25-223 ("The
provisions of this article . . . shall be subject to legislative appropriation or receipt of necessary funding from any
private or public entity for purposes of implementation.").

[2] Pursuant to Section 41-29-113(d)(23)(A) and (d)(31)(v), "[h]emp as defined and regulated under Sections 69-25-201
through 69-25-221" is also exempt from control. However, as stated supra, these Sections, commonly known as the
Mississippi Hemp Cultivation Act, have not been implemented.