Mississippi Cannabis & Substances Laws (2026)

A comprehensive legal reference for cannabis & substances in the state of Mississippi. This guide covers current statutes, penalties, and restrictions for 7 different categories.

CBD Products

RESTRICTED

Mississippi permits hemp-derived CBD products with less than 0.3% Delta-9 THC under the Mississippi Industrial Hemp Program (Miss. Code Ann. § 69-61-1 et seq.). However, the state restricts sale and possession of CBD products containing any THC above trace amounts, and some products require registration.

Possession

Possession of hemp-derived CBD with less than 0.3% THC is allowed, but possession of marijuana-derived CBD remains illegal.

Sale

Sale is restricted to licensed hemp processors and retailers; unlicensed sale is prohibited.

Penalties

Possession or sale of non-compliant products may result in misdemeanor charges with fines up to $1,000 or imprisonment up to 6 months.

Age Restriction

None

Mississippi explicitly bans Delta-8 THC under Mississippi Code §41-29-139, which prohibits synthetic cannabinoids including Delta-8. The state does not recognize Delta-8 as a legal hemp derivative and treats it as a controlled substance.

Possession

Illegal to possess Delta-8 THC products.

Retail Sale

Illegal to sell or distribute Delta-8 THC products.

Penalties

Possession or sale can result in felony charges under Mississippi Code §41-29-139.

Age Restriction

N/A

Hemp-derived Delta-9 THC edibles are restricted in Mississippi. In July 2025, the Mississippi Attorney General issued a legal opinion stating that the sale of non-FDA-approved hemp products is illegal.

Possession

Legal with restrictions on potency

Retail Sale

Legal through licensed retailers only

Penalties

Non-compliant products may result in fines.

Age Restriction

21+

Kratom

ILLEGAL

Kratom is illegal in Mississippi. It is classified as a Schedule I controlled substance under Mississippi Code § 41-29-313, making possession and sale unlawful.

Possession

Illegal to possess; classified as Schedule I controlled substance.

Sale

Illegal to sell or distribute.

Penalties

Possession or sale can result in felony charges with penalties including imprisonment and fines under Mississippi Code § 41-29-139.

Age Restriction

N/A

Legal status of Psilocybin / Magic Mushrooms in Mississippi has not yet been verified. In 2026, a bill was passed to automatically schedule any FDA-approved psilocybin products, but this does not decriminalize or legalize the substance for personal use.

Possession

Unverified

Distribution

Unverified

Penalties

Unverified

Age Restriction

Unverified

Recreational marijuana is not legal in Mississippi, but medical marijuana is available with a qualifying condition and state-issued card. No significant legislative changes since 2023.

Personal Possession

Medical only with state card. Recreational possession of 30 grams or less is a civil summons ($250 fine, no arrest). Over 30 grams is a misdemeanor. Mississippi decriminalized small amounts.

Retail Purchase

Illegal for recreational purposes. Medical marijuana is available under Initiative 65 (as amended by SB 2095). Recreational sale is a felony.

Penalties

Under 30 grams: $250 fine, no jail. 30 grams to 250 grams: misdemeanor, up to 1 year. Over 250 grams: felony, up to 3 years.

Age Restriction

18+ with medical card, 21+ in some programs

Salvia

ILLEGAL

Salvia divinorum is a controlled or banned substance in Mississippi. Mississippi enforces its ban on Salvia.

Possession

Illegal. Salvia divinorum is classified as a controlled substance in Mississippi. Possession is a criminal offense.

Sale

Illegal. Sale and distribution of salvia is prohibited in Mississippi.

Penalties

Misdemeanor or felony charges depending on state classification.

Age Restriction

N/A