Mississippi Hemp Laws 2026: State Compliance & Regulations

Mississippi does not operate a state hemp licensing program. The Mississippi Hemp Cultivation Act authorized one in 2020, but the legislature never funded it; the Mississippi Department of Agriculture and Commerce does not issue hemp licenses, and growers must obtain a hemp production license directly from the USDA. Sources: MDAC and the Congressional Research Service. A separate federal hemp-definition change takes effect on 2026-11-12 under Public Law 119-37 §781.

This article is general information about the law, published for educational purposes. It is not a substitute for the advice of an attorney. Laws change and vary by state — consult an attorney licensed in your jurisdiction about your specific situation. Information current as of August 2026.

The Mississippi Attorney General opined in June 2025 that consumable hemp products are unlawful under the state's Uniform Controlled Substances Law without FDA approval unless sold through a licensed medical cannabis dispensary. See Cannabis Business Times' report on the Attorney General opinion.

Both the federal total-THC test and the 0.4 mg per-container cap take effect on 2026-11-12 under §781 of Public Law 119-37. See the Congressional Research Service.

Section 781 of the Continuing Appropriations and Extensions Act, 2026 (H.R. 5371), enacted as Public Law 119-37 on 2025-11-12, sets 2026-11-12 as the effective date for the federal hemp provisions. On that date, the federal standard applies a 0.3% total-THC test inclusive of THCA and delta-8, caps finished hemp products at 0.4 mg total THC per container, and excludes cannabinoids that are not naturally produced by the plant as well as naturally occurring cannabinoids synthesized outside the plant. On 2026-08-08, the Senate passed H.R. 6500 containing proposed one-month partial-delay language. That language was not enacted as part of P.L. 119-37. See the Congressional Research Service overview.

Mississippi Hemp Cultivation Licensing

Mississippi has no operating state hemp licensing program. Although the Mississippi Hemp Cultivation Act authorized a program in 2020, it was never funded. MDAC therefore does not issue hemp cultivation licenses, and growers must obtain a USDA hemp production license instead. The acreage, testing, and reporting obligations run to USDA rather than MDAC. See MDAC's “Hemp Cultivation in MS” page.

There is no Mississippi-issued annual hemp license to renew. Growers instead hold a USDA hemp production license on a multi-year federal term. See MDAC.

Public Law 119-37's Scheduled Total-THC Redefinition

The federal hemp standard in force today remains the 2018 Farm Bill's 0.3% delta-9-THC dry-weight test. Beginning 2026-11-12, §781 of Public Law 119-37 changes that federal definition to a total-THC calculation and adds the 0.4 mg total-THC-per-container cap. See the Congressional Research Service.

Delta-9 THC is included in the future calculation.
Adjusted THCA is included in the future calculation.
Delta-8 and other covered THC-class cannabinoids are included in the future calculation.

The federal effective date is fixed at 2026-11-12.

Impact on Mississippi Growers and Crop Selection

Beginning 2026-11-12, the federal hemp definition applies a 0.3% total-THC test inclusive of THCA and delta-8. Mississippi's growers are licensed through USDA rather than a state program. Sources: the Congressional Research Service and MDAC.

The November 12, 2026 Federal Change and Mississippi's Current Market

Beginning 2026-11-12, finished hemp products face a federal cap of 0.4 mg total THC per container under §781 of Public Law 119-37. See the Congressional Research Service.

That future federal date is not the starting point for Mississippi's treatment of intoxicating consumable hemp. The Mississippi Attorney General opined in June 2025 that consumable hemp products are unlawful under the state's Uniform Controlled Substances Law without FDA approval unless sold through a licensed medical cannabis dispensary. See reporting on the Attorney General opinion.

What This Means for Mississippi Processors and Retailers

MDAC does not issue hemp licenses, and the June 2025 Attorney General position treats consumable hemp products as unlawful without FDA approval unless sold through a licensed medical cannabis dispensary. See MDAC and the report on the Attorney General opinion.

Mississippi's Current Regulatory Posture

Mississippi's authorized state hemp program was never funded. Grower licensing is handled by USDA, not MDAC. See MDAC.

FAQs

Do I need a state license to grow hemp in Mississippi?

No Mississippi-issued hemp cultivation license exists. A cultivation license is required, but growers obtain a hemp production license directly from USDA because MDAC's authorized program was never funded. See MDAC.

What is the new total-THC standard, and is it in force today?

The expanded federal standard includes delta-9, adjusted THCA, delta-8, and other covered THC-class cannabinoids within a 0.3% total-THC dry-weight limit. It takes effect on 2026-11-12; until then, the operative federal hemp threshold remains 0.3% delta-9 THC on a dry-weight basis. See the Congressional Research Service.

How does the November 12, 2026 federal change affect finished hemp products?

On 2026-11-12, finished hemp products become subject to a federal 0.4 mg total-THC-per-container cap under Public Law 119-37 §781. Mississippi's Attorney General has separately taken the position that consumable hemp products are unlawful without FDA approval unless sold through a licensed medical cannabis dispensary. Sources: the Congressional Research Service and reporting on the Mississippi Attorney General opinion.

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