Is THCA Legal in Mississippi?
May 22, 2026
Is THCA legal in Mississippi? No. AG Opinion 2025-00219 treats non-FDA hemp consumables as Schedule I. HB 1502 died. Retailer guide.
Is THCA legal in Mississippi? No. AG Opinion 2025-00219 treats non-FDA hemp consumables as Schedule I. HB 1502 died. Retailer guide.
Last reviewed: May 21, 2026
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. Smokable THCA flower sold at general retail falls outside that narrow lane.
Illegal
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)
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.
No
Mississippi authorizes medical cannabis under the Mississippi Medical Cannabis Act (SB 2095, signed February 2, 2022). There is no adult-use program. Hemp cultivation operates under the Mississippi Hemp Cultivation Act at Miss. Code Ann. §§69-25-201 to 223, which mirrors the federal 0.3 percent delta-9 THC threshold at harvest but does not authorize a retail consumable-hemp market. Two recent legislative efforts to build a retail framework failed: HB 1676 (2024) died in conference, and HB 1502 (2025) died in conference on April 3, 2025, after passing the House 82-27 and the Senate 35-16.
Because no retail consumable-hemp statute exists, the operative authority is Mississippi Attorney General Opinion No. 2025-00219, issued by AG Lynn Fitch on June 11, 2025 in response to a request from Rep. Lee Yancey after HB 1502 died. The opinion concludes that any hemp-derived product intended for human ingestion that has not been approved by the FDA, and is not sold through a licensed medical cannabis dispensary, qualifies as a Schedule I controlled substance under the Uniform Controlled Substances Law at Miss. Code Ann. §41-29-113. The opinion sweeps in edibles, beverages, tinctures, and other ingestible hemp products.
THCA flower is the raw, unheated cannabis flower that tests under the 0.3 percent delta-9 threshold at harvest but converts to delta-9 THC when heated. The federal Farm Bill testing standard at cultivation does not address smokable or ingestible end products. Mississippi treats the cannabis plant material itself as marijuana under Schedule I unless it qualifies as hemp at cultivation and is moved through a regulated channel. There is no retail channel for smokable hemp flower in Mississippi outside the medical cannabis program. The AG opinion applies most directly to consumables, but smokable flower sold for human use sits in the same Schedule I posture under §41-29-113 absent statutory authority for retail sale.
After the June 11, 2025 opinion, Mississippi law enforcement agencies began issuing letters to retailers ordering removal of non-FDA-approved consumable hemp products. Reporting from Magnolia Tribune and the Picayune Item in August 2025 documented coordinated enforcement letters from multiple county and municipal agencies. Brandon and other municipalities have enacted local ordinances restricting THC beverages and similar products, citing the AG opinion as legal cover.
THCA flower is not available at general retail in Mississippi. Qualifying patients with a medical cannabis card can purchase flower (capped at 30 percent THC) and concentrates (capped at 60 percent THC) through licensed dispensaries, subject to a 3.5 gram daily flower limit and a three-ounce monthly cap. THCA converts to delta-9 THC when smoked or vaporized and will trigger a positive on standard drug tests.
The 2026 Mississippi legislative session is the next likely vehicle for a statutory hemp framework. Industry observers expect a renewed version of the Yancey hemp bill. Federal H.R. 5371 §781 takes effect November 12, 2026 and will narrow the federal hemp definition independently of state action.
Is THCA flower legal in Mississippi?
No. The AG opinion and Schedule I framework leave no authorized retail channel outside the medical cannabis program.
Did HB 1676 ban THCA?
HB 1676 was a 2024 bill that died in conference and was never enacted. The operative authority is AG Opinion 2025-00219.
Can I buy THCA flower with a medical cannabis card?
Licensed dispensaries sell flower and concentrates under the Medical Cannabis Act, but products are not marketed as THCA flower.
Does THCA show up on a drug test?
Yes, once heated and converted to delta-9.
What changes November 12, 2026?
Federal H.R. 5371 §781 caps total THC at 0.4 mg per container and excludes synthetics from the hemp definition.
This page is provided for informational purposes by ComplyAssistAI LLC and is not legal advice. Hemp and cannabis law in Mississippi changes frequently. For business compliance questions, consult a Mississippi-licensed cannabis attorney. Find one in our Cannabis Lawyer Directory.
