CBD Oil in Mississippi: Is It Legal?

The number of states that haven’t yet legalized medical marijuana in the U.S. is slowly declining. Most of these states already have bills in place for legalization, pending approval. One of those is Mississippi. The Magnolia State is expected to legalize medical marijuana with the proposed 2020 ballot. Regarding legal regulation of cannabidiol (CBD) oil, Mississippi State has put into effect the Harper Grace Law in 2014. However, there's more to the story. Let’s take a look at the law on both state and federal level. [1]

Is CBD Oil Legal in Mississippi?

Yes, CBD oil is legal in Mississippi. Thankfully, hemp-derived CBD is readily available and is 100% legal in all US states.

In 2018, after the U.S. Farm Bill was signed into law by President Trump, the legal status of hemp-derived CBD was strengthened. However, in some “border” states, such as Mississippi, there are some unregulated areas and “gaps” between federal and state law.

RELATED: Is CBD Hemp Oil Legal in All 50 States?

The Harper Grace Law and CBD Use in Mississippi

As stated, in 2014, Mississippi passed the Harper Grace Law, which allowed limited possession and use of CBD oil. Under this bill, CBD oil was allowed only for patients diagnosed with a debilitating epileptic condition.[2]

Furthermore, these patients were eligible to use CBD oil only if the oil was obtained “... from or tested by the National Center for Natural Products research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.” [2]

The bill first removed CBD from the list of hallucinogenic substances, exempting it from control. In Section 3, the bill defined CBD as a processed cannabis extract, oil or resin that has more than 15% cannabidiol (CBD), but not more than 0.5% tetrahydrocannabinol (THC). [3]

Also, it appears that if CBD is derived from marijuana that contains less than 0.5% THC, it is legal to use in Mississippi for patients with epilepsy or related conditions

Marijuana contains higher levels of THC and is prohibited for both recreational and medicinal use in this state. Possession, however, is no longer a criminal offense. Jail time for possession of 30 grams of marijuana has been replaced by a $250 fine. [5]

In 2017, Harper's Law was amended with State Bill 2610. The amendments clarify that cannabidiol can now be used in research for treatment of seizures as well as other medical conditions.[2]

As mentioned, though, federally the stage now has a new player on it —100 percent legal commercial hemp.

RELATED: Hemp CBD Vs Marijuana CBD: There's a Difference

Legalization of Hemp Nationally

What does the federal law now says about commercial hemp? [4]

• Low Percentage of THC. Nothing has changed regarding the levels of THC allowed in hemp. It cannot contain more than 0.3 percent THC. If it contains more, it would still be considered marijuana and cultivators would face prosecution.

• Hemp growth is permitted in all states and territories, with a government or state-issued license.

• Hemp research is still important.

• Hemp-CBD and other products are legal. Section 12619 of the Farm Bill excludes hemp-derived products from the list of Schedule I status drugs, as stipulated in the Controlled Substances Act. This means that CBD derived from hemp is legal. It must be produced by licensed growers, and in a manner consistent with Farm Bill regulations. Hemp farmers can apply for U.S. Department of Agriculture programs for certification and competitive grants, also for the same insurance as all other farmers.

RELATED: Are You Using Organic CBD Oil?

How to Get CBD Oil in Mississippi?

Regarding the issue of buying CBD oil, Mississippi citizens with severe forms of epilepsy are allowed to acquire CBD oil derived from cannabis used for cannabidiol research from The National Center for Natural Product Research at the University of Mississippi and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University.

Since Mississippi laws are quite strict regarding selling hemp-derived CBD oil, you can always purchase it online.

Here are some tips to make sure you get value for your money:

• Buy from a reputable and reliable source. One of the most important things when buying hemp-derived CBD oil is that it should come from a reputable supplier, preferably from the U.S. (U.S. hemp farmers are subject to strict regulations, by law. This means you will be more likely to purchase CBD from high-quality, and law-compliant crop.) To ensure you are dealing with a reliable supplier, check online reviews, and ask for evidence that indicates clearly where the hemp comes from. If the supplier refuses to be transparent about this key information, think twice before buying from them. 
• Choose organic. Reduce the chances of being exposed to unhealthy pesticides and chemicals by purchasing CBD products made from organically-grown industrial hemp. It is also important to check the source of the hemp, extraction method, as well as third-party lab testing. This will ensure you know what you're ingesting.
• Full Spectrum CBD Oil Provides More Benefits. Research confirms the efficiency of full spectrum CBD oil compared to a CBD isolate. A 2015 study examined the difference in therapeutic effects between a whole plant, CBD-rich cannabis extract, and a CBD isolate in relieving pain and inflammation. The results? The whole plant (or full spectrum) CBD-enriched cannabis extract showed significantly higher efficiency in treating pain and inflammation. [6]

So, while awaiting the approval of the Mississippi Medical Marijuana Amendment, the CBD oil Mississippi citizens will be enjoying is allowed for use under the 2018 Hemp Bill. The initiative will make medical marijuana legal in Mississippi. However, the ballot still has to collect over 100,000 signature from citizens all over the state.

Sources:

1. https://ballotpedia.org/Mississippi_Medical_Marijuana_Amendment_(2020)
2. https://www.safeaccessnow.org/mississippi_legal_information
3. http://billstatus.ls.state.ms.us/documents/2014/html/HB/1200-1299/HB1231SG.htm
4. https://www.brookings.edu/blog/fixgov/2018/12/14/the-farm-bill-hemp-and-cbd-explainer/
5. https://www.mpp.org/states/mississippi/
6. http://dx.doi.org/10.4236/pp.2015.62010