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- The notifications hinge on a recently issued opinion by the Attorney General’s office related to HB 1502 which died in the 2025 session.
Mississippi Gulf Coast law enforcement offices are notifying area businesses that the sale of all hemp-based products intended for human consumption outside of a dispensary is illegal.
This week, the Jackson County Sheriff’s Department took that action through the issuance of a letter. It states the sale of hemp products intended for human consumption or ingestion that are not FDA-approved is illegal, citing a recent opinion issued by the Mississippi Attorney General’s Office.
That AG opinion states: “Except for products sold through a duly licensed medical cannabis dispensary and in strict accordance with the provisions of the Mississippi Medical Cannabis Act, the sale of a product derived from the hemp plant designed for human ingestion and/or consumption that is not approved by the United States FDA is prohibited under Mississippi’s Uniform Controlled Substances Law.”
The opinion was published on June 11 of this year.
The Jackson County Sheriff’s Department’s letter also cited the Controlled Substances Act, Hemp Cultivation Act and Medical Marijuana Act as grounds for the move.
“As Sheriff of Jackson County, I am obligated to uphold and enforce the laws of this state. Effective immediately, my office will begin enforcing this law,” the letter from Jackson County Sheriff John Ledbetter states. “You are hereby notified of this position and are allowed 48 hours from the time of this notification to remove all hemp products that require but lack FDA approval from your shelves and cease all sales activity.”
Other law enforcement agencies across the state are also notifying businesses that the products should be removed. According to a social media post, the Chief of the Poplarville Police Department, Chad Dorn, has issued a similar notice on Friday. That notice also hinges on the opinion issued by the Attorney General’s Office.
“This is not a warning or informal request. This is a demand for action. The Poplarville Police Department will begin active investigation and enforcement actions IMMEDIATELY. Violations will be prosecuted to the fullest extent of the law,“ the department’s Facebook post states.
Pearl River County Sheriff David Allison told Magnolia Tribune his department is in the process of sending a similar letter that will be shared via social media and other avenues.
“We’re going to draft up a letter and put it up on our Facebook page,” Allison explained. “We are going to hand-deliver a copy of that letter to any business outside the city limits of Poplarville and the city of Picayune that is selling this stuff and let them know that they have the rest of that day to get the product of the shelf immediately. We will be back the next day and if the products are still on the shelf they are subject to be arrested.”
State Rep. Lee Yancey (R) asked the Mississippi Attorney General’s Office to issue an opinion after HB 1502 died during the 2025 regular session.
Yancey, who chairs the House Business and Commerce Committee, authored the bill as an effort to remove any hemp products that contained more than the 0.3 percent THC level as set forth by the 2018 Farm Bill.
Yancey agrees the opinion issued by the AG’s office has provided law enforcement with an avenue to remove those products from stores but told Magnolia Tribune gray areas remain that could result in legal action.
“I think that ultimately someone in the hemp industry, some entity in the hemp industry, is going to sue to say that under the 2018 Farm Bill that those products are legal,” Yancey explained. “So, I think it will ultimately require this issue to be settled in the courts. Unless the Legislature comes back and does something next year or in subsequent years.”
However, Yancey is not committed to introducing a bill on the matter in 2026.
“I think I’m going to wait and watch and see what happens,” Yancey said. “I think that it’s on a path for there to be closure one way or another.”
HB 1502 focused solely on products with high THC levels, while allowing CBD products to remain on store shelves. The opinion, and subsequent letters issued by law enforcement agencies, are requiring the removal of all hemp-based products that are not FDA approved, potentially restricting sales of CBD products.
“So, it is way over and beyond what my bill did,” Yancey said. “CBD doesn’t make you high and so to me it’s very much an overkill.”
CBD products lack the high levels of THC that lead to intoxication, according to the Centers for Disease Control and Prevention. The FDA has approved the use of CBD in limited forms, one of which is a medication that treats certain seizure disorders called Epidiolex. As such, most CBD products are not approved by the FDA, the CDC states.
Jeremy Pittari
