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January 11, 2023
Delta 8

Is Delta-8 Legal in Mississippi?

Did you know you can already buy legal THC in Mississippi? That’s right, hemp-derived delta 8 THC is legal in Mississippi, making it legal to buy, sell, produce, and distribute delta 8 products in the state of Mississippi.

  • Hemp-derived delta-8 is legal in Mississippi.
  • You can possess, use, distribute, sell, and produce delta-8 cannabis products legally.
  • Other delta-9 isomers such as THC-O, HHC, and delta-10 THC are also legal, as long as they are sourced from legal hemp plants.
  • Hemp-derived cannabinoids like cannabidiol (better known as CBD) are legal in Mississippi.
  • Mississippi has a legal medical marijuana program.
  • Recreational adult-use marijuana is prohibited in Mississippi.

What Is Delta-8 THC?

The Cannabis sativa plant naturally produces numerous cannabinoids, including delta-8 tetrahydrocannabinol (THC). Delta-8 THC is structurally similar to classic delta-9 tetrahydrocannabinol or delta-9 THC, the most abundant cannabinoid found in the cannabis plant that causes happiness, euphoria, and “high” feelings.

Delta-8 THC exists only in trace amounts in the cannabis or industrial hemp plant, so most brands start with CBD and convert it to delta-8 THC.

Although both cannabinoids have carbon atom chains, unlike delta-9 which has a double bond on the ninth carbon, delta-8 has it on the eighth carbon. This double bond produces those milder yet still intoxicating or “high” effects.

Delta-8 THC produces lighter psychoactive effects and less of the usual cannabis side effects because it is a delta-9 THC isomer. While delta-8 and delta-9 THC are similar, Most standard cannabis carries an abundance of delta-9 THC.

Is Delta-8 THC Legal in Mississippi?

Yes, thanks to the Farm Bill, the legality of delta-8 THC products has changed under both Mississippi state and federal law and now hemp-derived products are all legal.

For hemp-derived delta-8 THC to be legal, source hemp plants must include less than 0.3% dry weight THC. Cannabis plants with over 0.3% THC are considered controlled substances and illegal by state and federal governments.

Mississippi cannabis laws in the form of Senate Bill 2725 changed along with federal law and the 2018 Agriculture Improvement Act (Farm Bill). Now Mississippi law makes not just delta-8 but all other cannabinoids, flavonoids, terpenes, derivatives, isomers, and salts from hemp plants legal.

The law now also removes hemp-derived tetrahydrocannabinols from the state’s list of schedule I controlled substances. In contrast, House Bill 1547 states that hemp and hemp products are not regulated as tetrahydrocannabinols under the Controlled Substances Act.

Although not entirely clear, the totality of these delta-8 laws seem to indicate that hemp-derived products that contain no more than 0.3% delta 9 THC, including products with tetrahydrocannabinols like D8, are legal.

What About Medical Marijuana?

In 2014 Mississippi’s medical cannabis legislation began with House Bill 1231, also called “Harper Grace’s Law”. The law gives patients who suffer from a debilitating epileptic medical condition, as well as their parents or guardians, an affirmative defense for the possession and use of CBD products with at least 15% CBD and no more than 0.5% THC.

In 2020, Mississippi voters approved Initiative 65, which legalized medical cannabis for 22 qualifying conditions. It also began a process for patient ID cards and dispensaries through the Department of Health. Although it was not a straight path to legalization, eventually medical marijuana was legalized in Mississippi in 2022 via Senate Bill 2095, the Mississippi Medical Cannabis Act.

What About Recreational Cannabis?

No. In Mississippi, adult-use or recreational marijuana remains illegal.

What Types of Delta-8 Products are Legal in Mississippi?

The range of delta-8 products that exist on the market are similar to CBD products. They include delta-8 gummies, distillate, beverages and other edibles, tinctures, vape carts, and more. Their THC content varies, although most high-quality products will provide details and proof that they are third-party lab-tested.

Remember, like other natural supplements, delta-8 THC products are not regulated by the US Food and Drug Administration (FDA). Become a label reader!

Remember, under Mississippi state law, you can buy third-party tested delta-8 THC products derived only from federally compliant hemp plants with less than 0.3% THC on a dry weight basis.

Where to Buy Delta-8 THC Products in Mississippi?

You can buy delta-8 THC online and in brick-and-mortar dispensaries and stores across Mississippi. We always recommend buying high-quality hemp products online. These vendors offer more rigorous standards, higher quality, and the best delta products overall.

Disclaimer: This product may cause you to fail a THC drug test. The Food and Drug Administration (FDA) has not evaluated these statements. All products contain less than 0.3% Δ9THC. Do not take if pregnant or nursing. This product is not intended to diagnose, cure, treat, or prevent any illness or disease. Always check with a healthcare provider before consuming new products. Keep out of reach of children.