US State

Cannabis and hemp laws

Mississippi

Recreational marijuana decriminalized, medical legal; THCA, delta-8, hemp delta-9, delta-10 and HHC illegal

Adult use
Decriminalized
Medical
Legal
Last reviewed
May 27, 2026

Mississippi

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

No statutory mg cap. Delta-10 is a synthetic isomer captured by §41-29-113. AG opinion treats non-FDA-approved consumable hemp products as Schedule I.

Key law

MS AG Opinion No. 2025-00219 (Fitch, June 11, 2025); Miss. Code Ann. §41-29-113 (Schedule I tetrahydrocannabinols, including synthetic equivalents and isomers); Mississippi Medical Cannabis Act (SB 2095, 2022)

Effective

June 11, 2025

Full rules

Delta-8 THC

Illegal

Limits

No statutory mg cap. AG opinion treats non-FDA-approved consumable hemp products as Schedule I. Synthetic and chemically converted cannabinoids, which include nearly all retail delta-8, are separately controlled under §41-29-113.

Key law

MS AG Opinion No. 2025-00219 (Fitch, June 11, 2025); Miss. Code Ann. §41-29-113 (Schedule I tetrahydrocannabinols, including synthetic equivalents and isomers); Mississippi Medical Cannabis Act (SB 2095, 2022)

Effective

June 11, 2025

Full rules

Delta-9 THC

Illegal

Limits

No statutory mg cap. AG opinion treats non-FDA-approved consumable hemp products as Schedule I. Federal H.R. 5371 §781 caps total THC at 0.4 mg per container effective November 12, 2026.

Key law

MS AG Opinion No. 2025-00219 (Fitch, June 11, 2025); Miss. Code Ann. §41-29-113 (Schedule I); Mississippi Hemp Cultivation Act, Miss. Code Ann. §§69-25-201 to 223; Mississippi Medical Cannabis Act (SB 2095, 2022)

Effective

June 11, 2025

Full rules

HHC

Illegal

Limits

No statutory mg cap. HHC is a hydrogenated cannabinoid produced by chemical synthesis and captured by §41-29-113. AG opinion treats non-FDA-approved consumable hemp products as Schedule I.

Key law

MS AG Opinion No. 2025-00219 (Fitch, June 11, 2025); Miss. Code Ann. §41-29-113 (Schedule I tetrahydrocannabinols, including synthetic equivalents and isomers); Mississippi Medical Cannabis Act (SB 2095, 2022)

Effective

June 11, 2025

Full rules

THCA

Illegal

Limits

No statutory mg cap. AG opinion treats non-FDA-approved consumable hemp products as Schedule I controlled substances. Smokable THCA flower not authorized for retail sale outside the medical cannabis program.

Key law

MS AG Opinion No. 2025-00219 (Fitch, June 11, 2025); Miss. Code Ann. §41-29-113 (Schedule I); Mississippi Hemp Cultivation Act, Miss. Code Ann. §§69-25-201 to 223; Mississippi Medical Cannabis Act (SB 2095, 2022)

Effective

June 11, 2025

Full rules

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Mississippi

Latest news and analysis

All news

September 12, 2026

Nebraska's Supreme Court Ends the Fight Over Medical Cannabis: Kuehn v. Evnen, 7–0, and What the Commission Does on September 14

A notary's defect does not void a petition page. With that, the last legal cloud over Nebraska's medical cannabis program lifted — and the bottleneck moved to the Commission's fee rule.

Mississippi 2025: AG Opinion vs. HB 1502 Leaves Intoxicating Hemp in Legal Limbo—What Retailers Should Do Now

Mississippi's HB 1502 stalled in 2025 and AG Lynn Fitch declared delta-8, delta-10, and THC-O unlawful under the state Controlled Substances Act.

September 12, 2026

Nebraska's Supreme Court Ends the Fight Over Medical Cannabis: Kuehn v. Evnen, 7–0, and What the Commission Does on September 14

A notary's defect does not void a petition page. With that, the last legal cloud over Nebraska's medical cannabis program lifted — and the bottleneck moved to the Commission's fee rule.

Mississippi 2025: AG Opinion vs. HB 1502 Leaves Intoxicating Hemp in Legal Limbo—What Retailers Should Do Now

Mississippi's HB 1502 stalled in 2025 and AG Lynn Fitch declared delta-8, delta-10, and THC-O unlawful under the state Controlled Substances Act.

FAQ

Common questions

Is marijuana legal in Mississippi?

Recreational marijuana is decriminalized in Mississippi. Medical marijuana is legal.

Is THCA legal in Mississippi?

No. Under Mississippi Attorney General Opinion No. 2025-00219 (June 11, 2025), consumable hemp products that are not FDA-approved and are not sold through a licensed medical cannabis dispensary are treated as Schedule I controlled substances under Miss. Code Ann. §41-29-113.

Is delta-8 THC legal in Mississippi?

No. Mississippi treats synthetic and chemically converted cannabinoids as Schedule I tetrahydrocannabinols under Miss. Code Ann. §41-29-113, and AG Opinion No. 2025-00219 (June 11, 2025) confirms that consumable hemp products lacking FDA approval are controlled substances unless sold through a licensed medical cannabis dispensary.

Is hemp-derived delta-9 THC legal in Mississippi?

No for retail. Hemp-derived delta-9 edibles, beverages, and other consumables sold outside the medical cannabis program are treated as Schedule I controlled substances under Miss. Code Ann. §41-29-113, per AG Opinion No. 2025-00219 (Fitch, June 11, 2025).

This is general information, not legal advice.

Seed Legality

Medical-only with no home grow: viable seeds are contraband; only sterilized seed is exempt from the marijuana definition.
Hemp seeds
Legal
Marijuana seeds
Illegal
Sale
Illegal
Transacting
Illegal
Gifting
Illegal

The Mississippi Medical Cannabis Act (Miss. Code Ann. §41-137-1 et seq.) confines cultivation to licensed, enclosed facilities and grants no patient home-cultivation right, so no lawful consumer seed channel exists. Miss. Code Ann. §41-29-113 exempts only sterilized seed incapable of germination, making viable seed possession or transfer marijuana possession/distribution under §41-29-139 (first-offense possession ≤30 g is a $250 civil fine; any transfer, even gifting, is criminal distribution). Adult-use bills SB 220 and HB 1267 died in the 2026 session. Hemp seed ≤0.3% delta-9 THC may be bought and possessed consistent with DEA's 2022 seed interpretation, but because the 2020 Hemp Cultivation Act (SB 2725) was never funded, growing it requires a USDA hemp producer license rather than a state one.

Key law:
Miss. Code Ann. §§41-137-1 et seq., 41-29-113, 41-29-139
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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