The Magnolia state with the added distinction of being the birthplace of “The King”, Elvis Presley seems to be in a dry run mode when it comes to making legislation that can help bring around the various health, economic and employment benefits to the state.
Is CBD oil Legal
Yes CBD Oil is Legal in Mississippi according to the Federal Law, provided it comes from Hemp and has less than or equal to 0.3% THC.
However, according to the State Laws, only people suffering from Epilepsy are allowed to use CBD Oil. For everyone else, the state laws says its Illegal.
This puts the issue of CBD Oil Legality in the state in a gray zone.
What's Legal, What's Not!
This bill was named the “Harper Grace’s Law” under section 3.5 which was named after a child who suffered a severe form of epilepsy known as Dravet’s Syndrome and gave others with a similar problem an affirmative legal defense for possession of marijuana as well as CBD.
In 2017 however State Bill 2610 was passed that clarified that cannabidiol may be used in research for the treatment of seizures and for other medical conditions. This law will give patients a legal defense when they are found in possession of CBD or marijuana.
For this legal defense to function, the person should have obtained the CBD oil only by the National Centre for Natural Products Research at the University of Mississippi and it should have been dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center. The CBD oil thus obtained must have at least 15% CBD and no more than 0.5% THC by content. And patients with conditions other than a debilitating epileptic condition are not entitled to any legal protection, nor can they be applicable for any legal protection for the possession and use of any other type of cannabis product whether CBD or marijuana.
It is interesting to note that the University of Mississippi has been associated with the Federal government and its sole provider for a long time to produce legal marijuana. The University of Mississippi carefully cultivates Mexican marijuana for research purposes.
Even the National Institute on Drug Abuse names it as the one legal source of marijuana for scientific studies in the country. But they do not use these plants or their extracts for any commercial purposes.
But, the state of Mississippi is still very conservative when it comes to a proper medical marijuana program. A ballot for the same is in the pipeline which is to be presented not before 2020. This ballot if passed with a majority of votes and if further turned into a proper bill will take care of patients with the following debilitating medical conditions to use CBD and marijuana.
The diseases under consideration are cancer, epilepsy or other seizures, Parkinson’s disease, Huntington’s disease, muscular dystrophy, multiple sclerosis, cachexia, post-traumatic stress disorder, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, chronic or debilitating pain, amyotrophic lateral sclerosis, glaucoma, agitation of dementias, Crohn’s disease, ulcerative colitis, sickle-cell anemia, autism with aggressive or self-injurious behaviors, pain refractory to appropriate opioid management, spinal cord disease or severe injury, intractable nausea, severe muscle spasticity, or another medical condition of the same kind or class.
Patients will have to get a certification from their physician to be registered under it and to start getting the benefits of CBD and medical marijuana effectively. But till then under the law, CBD and marijuana for any use whether medical or recreational is treated as a federal offence.
However, CBD products are easily available all over the state of Mississippi including vape oils, topicals, tinctures, skincare products, CBD isolates, CBD for pets, other edibles and concentrates, etc. If you ask a retailer of CBD products, they shall quote the Federal Law and more specifically the Farm Bill passed in 2018 by the United States.
However, they fail to notice that the same Farm Bill allows individual states to create and distribute their own further laws and regulations to manage CBD and hemp products. The state of Mississippi has full authority to ignore the federal law and use Harper Grace’s Law to shut down a store and treat anyone in possession of CBD or even medical marijuana as convicts.
Only patients with intractable epilepsy qualify for CBD usage as a treatment with many restrictions on the quality of the product as well as its procurement procedure as mentioned above. It is completely illegal to possess, consume, sell or even gift any CBD product or marijuana other than this approved medical manner, if you want to follow the law.
However, in September 2018, the federal laws under 83 FR 48950 have allowed CBD products that have no more than 0.1% of THC in its composition and changed them from Schedule I Drug to Schedule V. This makes it legal to purchase and transport it across state borders as long as the product is strictly as per the FDA guidelines. But they stop short of making it a compulsory law all over the United States and allows individual states to create their own laws and regulations for its usage and distribution.
Where to buy CBD oil
With the confusion on the clear legality of CBD under question due to no clear indication in the legal documents, many retailers have opened up retail shops and vape stores all over Mississippi catering to the general population looking for the health benefits from CBD products.
Some of them are:
- Your CBD Store - Meridian, MS, 103 S Frontage Rd Ste. 308, Meridian, MS 39301, USA
- Your CBD Store - Southaven, MS, 1076 Goodman Rd E, Southaven, MS 38671, USA
- Prescott’s CBD Oxford, Ms, 307 Heritage Dr, Oxford, MS 38655, USA
- Balance CBD Edibles Jackson, 182 Raymond Rd #95, Jackson, MS 39204, USA
- Prescott's CBD Iuka, 412 A Battleground Dr, Iuka, MS 38852, USA
- Squid, Inc., 5 Channelside, Lumberton, MS 39455, USA
- And many more
However, be aware that if the local law enforcement is looking the other way when it comes to CBD at the moment does not mean that they may do so forever. So, enjoy the benefits of this stalemate while it lasts. Also be warned that the FDA has been sending letters all over the country to retailers who advertise the purported health benefits until they have a clear scientific basis of it.
Horrors of Buying CBD locally
Mississippi is a state that honors “employment at-will”. This basically means that the employer or the employee may end their employment relationship at any time and for any reason or even without any reason as well. There are a few exceptions but they are more quantitative aspects and not very tangible. This means that in Mississippi, even if you are a qualified patient and have an authorized prescription for CBD possession and usage, an employer can terminate or refuse to hire you for a job.
At present without any proper legislation in place, many local shops have been selling all sorts of cannabidiol. There was no proper checking in place to see if the product actually has less THC or even more as advertised on their label or not.
As it stands, most local stores have no idea about the validity of the sources or the quality of their products unless they have a proper third-party testing certificate and buying from such places is unsafe even from the consumer’s perspective and not just legal.
The state law in Mississippi anyways has no such clauses for general usage of CBD or its derivatives and one can face the full music of the state if and when they want it. At present, there seems to be a truce between the state law enforcement and the CBD vendors in the state of Mississippi.
How to get CBD Oil Online
Definitely buying online is smarter, cheaper and more convenient than going around the shops and stores in the area looking for a suitable product. But do please check the credentials of the company offering the product in regards to its quality and their capability to deliver to your address. A third-party check by a laboratory will provide a good indication of the quality of the product.
Final Thoughts on CBD Oil in Mississippi
While CBD Oil is Legal as per the Federal Law, the State Law makes it Illegal. If you do suffer from Epilepsy then you can use CBD Oil completely Legally.
However, for everyone else, it is advisable to practice caution as the confusion about the legality of CBD can put you at odds with the State.