Is CBD oil legal in Mississippi?
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- What is CBD?
- Why is CBD sometimes illegal?
- Mississippi CBD laws
- Where to buy CBD in Mississippi
- How to read CBD labels and packaging
Mississippi is one of only three states in the US that hasn’t embarked on an industrial hemp program. The state maintains a prohibitive stance in relation to cannabis. Following the passing of HB 1547 in July 2019, CBD became legal in Mississippi, but CBD products must comply with very strict state restrictions.
Medicinal low-THC cannabis products became available to eligible patients in 2014. Qualifying patients are only able to procure low-THC cannabis from the University of Mississippi’s Medical Center’s Department of Pharmacy Services. Adult-use cannabis is illegal.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis and the second-most prominent in the plant after THC, which is largely responsible for producing an intoxicating high. CBD can be sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits.
CBD can be sourced either from marijuana or hemp plants and has a wide range of potential therapeutic benefits. Photo by: Gina Coleman/Weedmaps
To date, researchers have identified a number of potential applications linked to CBD, including anti-inflammatory, analgesic, anti-anxiety, and anti-seizure properties. Further, the chemical has shown promise in treating numerous health conditions, including seizure disorders, mood disorders such as depression, anxiety, and psychosis, chronic pain, and many more.
Most raw cannabis strains on the market today contain small amounts of CBD, especially compared with THC. But since the cannabinoid has gained considerable attention for its wide range of purported therapeutic benefits, more high-CBD strains have recently been cultivated.
Why is CBD sometimes illegal?
All types of cannabis, including hemp strains that don’t produce enough THC to cause intoxication, were considered illegal under the Federal Controlled Substances Act of 1970. The law categorized all cannabis as Schedule 1, which defined the plant as a highly addictive substance with a high potential for abuse and no accepted medical use.
The 2018 Farm Bill re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than 0.3% THC, and marijuana refers to cannabis with more than 0.3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than 0.3% THC, as long as it has been cultivated according to federal and state regulations.
The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.
The FDA has declared that even hemp-derived CBD may not legally be added to food and beverages, or marketed as a dietary supplement. Although the organization has begun to re-evaluate some of its stances on legal CBD products, the FDA has not revised its regulations. The agency also has been strict in its position against any labeling that could be perceived as a medical claim about CBD.
In addition to the federal regulation of CBD, the Farm Bill also gave states the option to regulate and prohibit the cultivation and commerce of CBD. States may also regulate CBD in food, beverages, dietary supplements, and cosmetic products independently, even before the FDA finalizes its policies.
Mississippi CBD laws
Mississippi has one of the most restrictive stances towards cannabis in the country. Recreational marijuana legalization efforts have failed in committee, even though several bill proposals have been presented in the last few years.
Current Mississippi law allows for the medical use of low-THC cannabis for patients with qualifying conditions. Photo by: Gina Coleman/Weedmaps
Current Mississippi law allows for the medical use of low-THC cannabis for patients with qualifying conditions. Gov. Phil Bryant signed HB 1231, “Harper Grace’s Law” in 2014 to enable patients who suffer from severe epileptic conditions to use and possess CBD oil or resin that contains at least 15% CBD and no more than 0.5% THC by weight. Patients can procure low-THC cannabis by doctor’s recommendation and obtain it from the University of Mississippi’s Medical Center’s Department of Pharmacy Services. All CBD products under this law must be grown by the University of Mississippi’s National Center for Natural Products Research.
In 2017, lawmakers passed SB 2610, which allowed the use of CBD in the research of treatment of seizures and other medical conditions but did not legalize it more broadly.
Following both the 2014 Farm Bill and the more recent 2018 Farm Bill, Mississippi lawmakers chose not to launch a state-regulated industrial hemp program. The state’s only response to the federal change was the passage of HB 1547 on July 1, 2019. This law legalized CBD products, but they must contain at least 50 milligrams of CBD per milliliter, with no more than 2.5 milligrams of THC per milliliter. The product must have a minimum ratio of 20:1 CBD to THC.
HB 1547 also established the Mississippi Hemp Cultivation Task Force. This team, led by the Commissioner of Agriculture and Commerce, was tasked with undertaking a comprehensive study of hemp’s potential costs and benefits. This clause of the law has a sunset date of July 1, 2020, so the team is expected to make recommendations by this time.
Licensing requirements for CBD
Mississippi does not allow for state-licensed hemp growers or processors. Depending on the FDA’s forthcoming hemp regulations and the findings of the Mississippi Hemp Cultivation Task Force, the state may create a licensing system.
All CBD products created in Mississippi must be lab-tested by the University of Mississippi before they are distributed by the Medical Center’s Department of Pharmacy Services.
There are no testing requirements for CBD products made outside of Mississippi, so long as they meet the regulations outlined in HB 1547.
Mississippi CBD possession limits
The possession of any quantity of CBD is legal as long as the product meets the legal state specifications.
Mississippi’s strict definition of CBD is met with active law enforcement. Possession of any amount of CBD with more than 2.5 milligrams of THC per milliliter is punishable by Mississippi law. Mississippi police are likely to arrest for possession if a product looks like marijuana.
Possession of any amount of CBD with more than 2.5 milligrams of THC per milliliter is punishable by Mississippi law. Photo by: Gina Coleman/Weedmaps
The first offense for possession of fewer than 30 grams of cannabis is a fine of $250, while subsequent offenses are classified as misdemeanors that can earn up to six months in prison and a $1,000 fine.
Possession between 3-250 grams is a felony, earning up to three years’ incarceration and a fine of up to $1,000. Between 250-500 grams earns up to eight years and a maximum $50,000 fine. Possession of 500 grams to one kilogram results in up to 16 years in prison and a fine of up to $250,000. Between 1-5 kilograms earns up to 24 years in prison, and a fine of $500,000, while more than five kilograms is punishable by 30 years imprisonment and a $1M fine.
Where to buy CBD in Mississippi
Mississippi consumers can purchase hemp-derived CBD products from CBD-specific stores. When purchasing from a brick and mortar store you can typically receive guidance from an employee. Explain what you’re looking for, your reasons for consuming CBD, and they can point you in the right direction.
When it comes to online sales, CBD is most frequently found on brand-specific websites. You can also find verified CBD brands on Weedmaps. Reputable brands will generally provide you with essential product details, including the form of the CBD (such as oil, capsules, topicals, tinctures, etc.), the quantity of CBD the product contains, the other chemicals or ingredients present in the product, and more.
How to read CBD labels and packaging
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Still, the agency warns that regulations in flux still require companies to make legitimate claims on their labels. Buyers should nonetheless approach CBD products with caution. A CBD product should clearly state what kind of CBD is used. Full-spectrum CBD oil means the extract contains cannabis-derived terpenes and trace amounts of cannabinoids such as THC. Broad-spectrum also includes other cannabis compounds but has had THC removed during the processing phase. CBD isolate is a pure crystalline powder containing only CBD.
Most reputable CBD producers typically include the following information on their CBD product labels:
- Amount of active CBD per serving
- Supplement Fact panel, including other ingredients
- Net weight
- Manufacturer or distributor name
- Suggested use
- Full-spectrum, broad-spectrum, or isolate
- Batch or date code
Is CBD oil legal in Mississippi? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Mississippi CBD laws
CBD Oil in Mississippi: Marijuana Laws and Where to Buy
Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.
A Guide to CBD Oil in Mississippi
- Mississippi is trying to catch up with its hemp and CBD regulation.
- There is not currently a hemp-growing program in the state.
- People all over the state are enjoying CBD from retail locations and specialty shops.
- There is no regulation of CBD in Mississippi currently.
- The Mississippi Hemp Cultivation Task Force has submitted a document outlining the resources required to develop regulations in the state.
Is CBD Oil Legal in Mississippi?
If you’re hoping to buy CBD in Mississippi, you have a number of options. There are stores all over the state that sell CBD in many forms, and you can even buy packages of items labeled “CBD” at gas stations and convenience stores.
However, despite the wide availability of CBD products, there is still a lot of confusion about what is legal and what is not. In late October 2019, top officials from the Mississippi Department of Public Safety, the Bureau of Narcotics and the Mississippi Department of Health held a joint press conference warning consumers about the dangers of CBD products on shelves, but never explicitly stating that CBD is illegal.
Mississippi is one of the few states that has not recognized that hemp is not marijuana, and its marijuana laws are restrictive to say the least. Regardless, the officials who held the October press conference mentioned that CBD products may contain opiates and THC, indicating that those are illegal substances but not mentioning that CBD itself is illegal.
This is what is frustrating for consumers in Mississippi. They have to pay just as much attention to what is not said as they do to what is said, in order to decipher laws that should be simple and clear.
Some of the confusion comes from the fact that state lawmakers are just as uncertain as consumers about the legality and safety of CBD, as they await guidance that doesn’t seem to be coming from the FDA.
Are There CBD Laws in Mississippi?
Mississippi is far behind the curve in creating regulations and laws that clarify CBD’s legality and protect consumers. It appears lawmakers in the state are taking a somewhat head-in-the-sand approach, because they are waiting for the Food and Drug Administration to hand down some guidance, but the federal administration is struggling just as much with CBD as the states are. So the state has initiated investigations into how it might proceed without the FDA’s guidance.
Mississippi does have a law in place allowing those with certain types of seizures to receive CBD under very close supervision and a doctor’s recommendation, but retailers are selling CBD everywhere and agents are generally not seizing the products being sold.
There is no hemp-growing program in the state, and Mississippi did not elect to participate in the research pilot program established by the USDA in 2014.
CBD in Mississippi: Understanding Different Types of CBD Products
A familiar sight in most CBD shops, CBD oil is the base product of almost every CBD company, because most of their products are made with the same or similar formulas. Penguin’s selection of CBD oils is versatile, coming in bottles containing 250mg, 600mg, or 1,000mg of CBD for your dosing convenience. Our original flavor is perfect to add to your favorite smoothie or even your morning toast, but we also offer four other delicious natural flavors.
Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.
At Penguin CBD, we understand that CBD oils are not everyone’s preference. Some people would prefer to swallow their CBD and get a move on. We have used our fabulous broad-spectrum formula in easy-to-swallow CBD capsules that travel well and are premeasured so you don’t even have to think about your dose.
Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.
Many CBD companies try to make CBD gummies, but they often miss the mark. When you are taking CBD gummies, it’s because you want a fun snack that also packs a dose of CBD. That’s what we’ve done at Penguin, making delicious CBD gummies that people love, while giving you what you expect from our company—the best darn CBD around!
Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.
If you are looking for a makeover for your skincare routine, Penguin has the stuff for you. Our CBD cream is soothing and relaxing because it is infused with peppermint and lavender. The shea and cocoa butter base will lock in moisture, keeping your skin feeling smooth and fresh all day long.
Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.
Industrial Hemp in Mississippi
Almost every state in the country has an industrial hemp program at this point. Some states are operating under the 2014 hemp research pilot program initiated by the USDA to investigate how a hemp crop might become a viable part of the farming economy, while others are operating under the 2018 Farm Bill legislation that allows states to develop their own commercial hemp programs with USDA approval.
Some states are seeing wild success with these programs, and legislators are embracing a way to support farmers looking for a new, potentially lucrative crop. In Kentucky, for example, growers brought in nearly $60 million in 2019 from industrial hemp, and 92 percent of that was grown for CBD.
In order to proceed with hemp and CBD legislation in an informed and well-planned manner, the Magnolia State formed the Mississippi Hemp Cultivation Task Force. This group submitted a comprehensive investigative report to the House in December 2019, outlining what is necessary in the state, and the resources required to carry out a robust program addressing both hemp and CBD in Mississippi.
The state is concerned for the health and safety of its residents, and is working to decide how to proceed with developing programs that initiate a new crop economy, allow consumers access to the products they so enthusiastically want and protect the people who purchase CBD. Legislation is likely not coming in 2020, but it is reasonable to expect new laws and programs in the future.
Can I Purchase CBD Online in Mississippi?
CBD specialty shops can be found throughout Mississippi, and these are the places to go if you want to make a purchase at a brick-and-mortar location. Gas stations and grocery stores are not ideal because retailers have probably not put much thought into the CBD products they carry.
The problem with shopping at a specialty store is that you are trusting another person to make responsible decisions about what they sell you. You can spend time researching the products in the store, but it is far more convenient to simply do your shopping online. When you shop this way, you have direct access to information about the products you are considering.
CBD Oil in Mississippi
Officials in Mississippi are concerned about the quality of over-the-counter CBD products in the state because they have seen CBD products come back from forensic testing with opiates and high levels of THC . Some products are not even made with hemp, and they do not have any CBD in them at all, despite what the label says.
This is the danger of having a market that is largely unregulated yet still wildly popular. Companies are taking advantage of consumers who are interested in using a product by making bogus imitations and using deceptive labeling. To prevent possible exposure to dangerous chemicals, you need to do your research.
At Penguin CBD, we understand how frustrating it is to weed through products that may be substandard when you have limited access to vital information. That’s why we created a blog with informational articles, and we make our third-party lab reports available on all of our product pages.
We are happy to answer our customers’ questions, and all our products come with a 30-day guarantee, so you can just chill out and buy your CBD without worry. We are confident that you will feel the same way our many happy customers do when you try Penguin CBD, the best CBD on the market.
Final Thoughts About CBD in Mississippi
Until recently, lawmakers in Mississippi seemed to have their heads in the sand regarding CBD and hemp laws. Last year, however, the state recognized that its residents are wild about CBD, and industrial hemp has the capability of becoming a lucrative crop in the state.
A 13-member commission called the Mississippi Hemp Cultivation Task Force spent the year researching and investigating to learn everything it could about hemp and its derivatives, and what it will take to develop a comprehensive regulatory and enforcement program in Mississippi. Based on that document, it appears that lawmakers in the state are genuinely curious about how to make hemp work for residents.
While we wait for legislation to come down the pipeline, however, the CBD market in Mississippi remains the Wild West. CBD is, on a technical level, illegal to sell. But no one is out enforcing it because, frankly, they don’t know how. Most authorities are turning a blind eye while they wait for legislation to catch up with demand.
Take a look at Penguin CBD’s website today, to learn about what it takes to make a product that everyone feels good about.
Here are the current CBD and marijuana laws in Mississippi you need to know.