Is THCA legal in Mississippi? Mississippi hemp, CBD and kratom laws

The law in Mississippi

Mississippi passed a Hemp Cultivation Act in 2020 (SB 2725, signed June 29, 2020). It sets a 0.3 percent limit and defines delta-9 THC to include THCA times 0.877, a total THC test. But the Legislature never funded it: the Department of Agriculture and Commerce says it issues no hemp licenses, and growers in the state hold USDA licenses instead.

That matters because Mississippi's Schedule I leaves out only hemp grown and regulated under that act, CBD in a drug the FDA has approved or a state program, and hemp products the FDA has approved.

1. June 29, 2020The Mississippi Hemp Cultivation Act is signed; it is never funded.
2. September 9, 2024Attorney General's opinion: no state law specifically legalizes hemp beverages.
3. June 11, 2025Attorney General's opinion: ingestible hemp products the FDA has not approved are prohibited.
4. July 1, 2025Kratom rules take effect: age 21, labels, a 7-OH cap and a 25% excise tax.
5. October 1, 2025Kratom sellers must register with the Department of Revenue.
6. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

The Attorney General's opinions

On June 11, 2025 the Attorney General answered a legislator's question about hemp products. The opinion concludes that selling a product derived from the hemp plant and designed for human ingestion or consumption, when the FDA has not approved it, is prohibited under the state's controlled substances law, except through a licensed medical cannabis dispensary. It says it controls over any earlier opinion that conflicts, and that it cannot speak to federal law.

An earlier opinion, of September 9, 2024, said no state law specifically legalizes hemp beverages, that a drink that intoxicates when drunk to excess is unlawful under section 97-31-5, and that a drink over 0.3 percent THC is a marijuana beverage.

An Attorney General's opinion is the office's reading of the law, not a statute or a court ruling. We found no court decision on these questions.

Bills that did not pass

HB 1502 of 2025 would have revised the hemp act and legalized hemp drinks. It passed both chambers in different forms, and the conference report failed in the Senate on April 1, 2025. In 2026, SB 2572, SB 2540 and SB 2645 died in committee. The one 2026 controlled substances law, SB 2117, effective July 1, 2026, adds fentanyl analogs and synthetic cannabinoids and changes nothing about hemp. Mississippi sets no age limit, license or milligram cap for hemp products.

Kratom

HB 1077, approved April 17, 2025 and in force since July 1, 2025, regulates kratom:

• Age 21. No sale to anyone under 21, and products kept behind the counter.
• 7-hydroxymitragynine. No more than 1 percent of total kratom alkaloids and 0.5 mg a container, and no synthesized alkaloids.
• Registration. Since October 1, 2025, sellers must register with the Department of Revenue.

A separate law adds a 25 percent excise tax on the manufacturer's list price from July 1, 2025. Local bans enacted before July 1, 2025 still stand.

Kava, amanita and spores

We found no Mississippi statute naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocyn are Schedule I, and a 2026 bill on psilocybin, HB 563, passed the House and died in the Senate.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.