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Is Delta 8 Legal in Mississippi?

According to the 2018 Farm Bill, hemp and its derivatives are legal at the federal level as long as they contain no more than 0.3% Delta 9 THC by dry weight. This means that hemp-derived Delta 8 products are technically legal under federal law

However, individual states can impose their own restrictions on Delta 8 and other cannabinoids. Mississippi is one of those states.

Can You Consume Delta 8 in Mississippi?

Mississippi has a very strict stance on marijuana and its derivatives. Marijuana is only legal for medical use, and only for patients with certain qualifying conditions. Recreational use is still prohibited and punishable by harsh penalties. 

So, what about Delta 8? Does it fall under the same category as marijuana?

The answer is not straightforward. Mississippi does not explicitly ban Delta 8, but it also does not explicitly allow it. 

The state law exempts hemp-derived tetrahydrocannabinols (THCs) from the list of controlled substances, but it also states that tetrahydrocannabinols do not include hemp or hemp products regulated under the state’s hemp program. This creates a legal gray area for Delta 8, as it is not clear whether it is considered a hemp product or a synthetic THC.

Some sources claim that Delta 8 is legal in Mississippi as long as it is derived from hemp and contains no more than 0.3% Delta 9 THC. Others claim that Delta 8 is illegal in Mississippi regardless of its source, as it is a synthetic THC that is not regulated under the state’s hemp program. 

The truth is, there is no definitive answer yet, and the legal status of Delta 8 in Mississippi may change in the future as the state clarifies its position on this novel cannabinoid.

Can You Travel to Mississippi with Delta 8?

Delta 8 is not widely accepted or regulated in Mississippi, and you may face legal consequences if you are caught with it. The legality of Delta 8 in Mississippi depends on several factors, such as the source, the potency, the type, and the amount of the product.

The source of Delta 8 is important because it determines whether it is derived from hemp or marijuana. Hemp-derived Delta 8 products may be legal under federal law, but marijuana-derived Delta 8 products are illegal in Mississippi and most other states. You should always check the label and the certificate of analysis of your Delta 8 products to verify their source and quality.

Mississippi has strict laws on the possession of marijuana and its derivatives, and the penalties vary depending on the amount and the intent. Therefore, if you are traveling to Mississippi with Delta 8 products, you should be very cautious and aware of the legal risks. 

Can You Drive Under the Influence of Delta 8 in Mississippi?

No, you cannot drive under the influence of Delta 8 in Mississippi. Driving under the influence of any intoxicating substance, including Delta 8, is illegal and dangerous in Mississippi and most other states. 


Delta 8 can affect your mental and physical abilities, such as your memory, concentration, coordination, perception, and reaction time. These effects can impair your driving skills and increase the risk of accidents and injuries.

Mississippi has a zero-tolerance policy for driving under the influence of marijuana and its derivatives, including Delta 8. This means that any detectable amount of Delta 9 THC or its metabolites in your blood, urine, or saliva can result in a DUI charge. 


Therefore, you should never drive under the influence of Delta 8 in Mississippi. Not only is it illegal, but it is also irresponsible and reckless. You should always wait until the effects of Delta 8 wear off before getting behind the wheel, or use alternative modes of transportation, such as public transit, ridesharing, or taxis.

What Are the Age Restrictions for Using Delta 8 in Mississippi?

There are no clear age restrictions for using Delta 8 in Mississippi, as the legal status of Delta 8 is still uncertain in the state. However, given the strict laws on marijuana and its derivatives in Mississippi, it is likely that Delta 8 is not intended for minors, or those generally below 21. 

Where to Buy Delta 8 Products in Mississippi

The legality of Delta 8 in Mississippi is currently a gray area. This means that you may or may not get into legal trouble when found with this product. As for now, it is recommended to hold off using or purchasing any Delta 8 products in the state until the laws surrounding it are fully clarified. 

However, should you need high-quality Delta 8 products, you can go to nearby states, such as Alabama, Florida, Georgia, Illinois, Indiana, Kentucky, and Texas, where the product is legal. Here, you can purchase or order the products from reputable Delta 8 sellers, like Elyxr, where you get high-quality Delta 8 products delivered to your doorstep.