Mississippi Hemp, CBD and Delta-8 Law: What Retailers Can Legally Sell

If you plan to sell CBD, delta-8 or kratom in Mississippi, the honest answer is that the rules are unsettled, and the safest current position is far more cautious than most shop owners expect. The legislature has not created a hemp retail framework, and a June 2025 Attorney General opinion treats many hemp-derived consumables as controlled substances. This guide covers what the Mississippi hemp law says as of October 2026, what to confirm before you stock anything, and which agency answers each question.

Informational only, not legal or tax advice. This guide summarizes publicly reported law and agency information. Hemp and kratom rules change quickly, and your product mix, location and business structure all affect the answer. Talk with a Mississippi attorney and a CPA before you buy inventory or sign a lease.

The bottom line for retailers

• Mississippi has no hemp retail license to apply for. The legislature has not enacted a hemp retail framework.
• Under Attorney General Opinion No. 2025-00219, as reported, hemp-derived consumables without FDA approval are controlled substances unless they are sold through a licensed medical cannabis dispensary.
• Intoxicating hemp products, including delta-8 THC products, carry the highest risk. Treat them as covered until the Attorney General or your local police tell you otherwise in writing.
• Kratom requires a separate check with the Attorney General and local police before you sell it.
• Every business still needs the ordinary paperwork: a city privilege license, and a sales tax permit if you make retail sales.

Why Mississippi has no hemp retail framework

Many shop owners assume that because hemp is legal to grow under federal law, Mississippi must have a state permit to sell it. It does not, at least not yet. The record from the 2025 and 2026 sessions explains why:

• 2025 HB 1502, the Mississippi Hemp Act, died on the calendar on April 3, 2025.
• The 2026 session passed no hemp retail bill that could be found.
• 2026 HB 1267 was a retail marijuana bill, not a hemp bill, and it died in committee on February 3, 2026.

The practical result is that no state agency has published a retail rulebook you can follow to get into compliance. Retailers are left with the Attorney General opinion, the existing controlled substances rules, and enforcement by local police. Check the current status of any pending bill with the Legislature before you rely on this summary, because a new session can change the picture quickly.

The June 2025 Attorney General opinion

The document that matters most for shop owners is Attorney General Opinion No. 2025-00219, issued in June 2025. As it has been reported, the opinion says hemp-derived consumables without FDA approval are controlled substances unless they are sold through a licensed medical cannabis dispensary. Because the language centers on consumables, it reaches well beyond smokable flower. Ingestible products such as edibles and drinks appear to fall within the opinion's wording as reported.

Read the full opinion yourself before you stock anything. A secondhand summary, including this one, is no substitute for the text. Then ask your attorney how the opinion applies to each product on your planned shelf, one product at a time.

CBD: what the opinion means for your shelves

People searching for Mississippi CBD law usually want to know whether they can carry CBD oil, gummies or lotion. The answer depends on the form of the product.

Ingestible CBD is the highest-risk category. The reported language targets hemp-derived consumables without FDA approval. The only cannabidiol product FDA has approved is Epidiolex, a prescription medicine. A CBD gummy or tincture on a store shelf does not carry that approval, so treat it as within the opinion's scope.

Topical products are less clearly addressed, since the opinion as reported is written around consumables. Do not assume a lotion or balm falls outside it. Ask the Attorney General's office or an attorney to confirm that distinction in writing before you rely on it.

Delta-8 and other intoxicating hemp products

Shoppers and owners searching for Mississippi delta 8 are often asking whether a store can sell carts, gummies or vapes. Delta-8 THC is intoxicating and is usually sold as a hemp-derived product, which puts it at the top of the risk list. An intoxicating consumable without FDA approval is the category the opinion describes, so a retailer who stocks it should assume the state treats it as a controlled substance unless the Attorney General or local police say otherwise in writing.

A federal definition of hemp is not a safe harbor on its own. Federal status and state law both apply, and for a Mississippi storefront, state law is where the immediate risk sits.

Is there a Mississippi hemp license?

Searches for a Mississippi hemp license usually mean one of three different things, and the answers differ.

1. Selling hemp at retail: Mississippi has no hemp retail license under current law. Your entry point is the general business paperwork described below, plus the Attorney General opinion.
2. Growing hemp: Cultivation runs through the state's agricultural side, not through retail. Call the Mississippi Department of Agriculture and Commerce at 601-359-1100 to confirm what growing requires and whether any permit applies to your operation.
3. Operating a store: The licenses that matter for a shop are the city privilege license and the sales tax permit.

Kratom: check before you stock

Searches for Mississippi kratom law are common, and the honest answer is that no settled statewide rule a retailer can rely on has been identified. Before you sell kratom in Mississippi, check with the Attorney General and your local police. Ask for the answer in writing and keep a copy in your business file.

Put three questions to each agency: whether kratom counts as a controlled substance under their reading of state law, what they would enforce against, and whether your city has any additional rule for the product. A verbal answer from a desk officer is not enough to protect a store that has already stocked the product.

Federal changes coming in November 2026

A federal law enacted in November 2025 redefines hemp, and the new definition is set to take effect in November 2026. That date matters for inventory planning, because the definition determines which products count as hemp at all. Check the current federal status before you place orders for your next product cycle, and check again before the effective date.

Business setup for a Mississippi retail store

Mississippi has no state general business license. The steps below are the ones that apply to most retail shops, and the fees are the figures published by the agencies named.

• Entity registration is not a license. Forming an LLC means filing a Certificate of Formation (Form F0100) with the Secretary of State for $50, filed online through the Business Services online filing portal at https://corp.sos.ms.gov/corp/portal/c/page/corpnewfilings/portal.aspx. Business information is at https://www.sos.ms.gov/business-services.
• Annual report. An LLC must file its annual report (Form F0108) online by April 15 each year. The fee is $0. Missing the filing can lead to administrative dissolution.
• Assumed name. If your store trades under a name other than the LLC's legal name, register it as a fictitious business name (Form F0070) for $25. The Secretary of State handles this filing, not the county. The fee schedule is at https://www.sos.ms.gov/content/documents/Business/FeeSchedule.pdf.
• City privilege license. Every city, town and village issues its own privilege license under Miss. Code 27-17. Counties license only businesses outside municipal limits. Fees and rules differ by city, so ask the city clerk before you sign a lease.
• Sales tax permit. A retail store needs a sales tax permit from the Department of Revenue, available at https://www.dor.ms.gov/business/sales-use-tax/registration-information-sales-and-use-tax-applicants. The permit has no fee, although a bond may be required for applicants with no permanent Mississippi location. The state sales tax rate is 7%. There is no county add-on, and city levies apply only in Jackson and Tupelo. Whether a particular hemp product is taxable is a question for the Department of Revenue.
• Entity taxes. The franchise tax applies to corporations, not to an LLC taxed as a partnership. Confirm your LLC's tax classification with a CPA before you set up your books.
• Employees. Mississippi has no state minimum wage law, so the federal minimum wage is the floor for most employers.

Who to contact

Question	Agency	How to reach them
LLC formation, annual report, assumed name	Mississippi Secretary of State, Business Services Division	https://www.sos.ms.gov/business-services
Sales tax permit and taxability	Mississippi Department of Revenue	https://www.dor.ms.gov/
Hemp growing requirements	Mississippi Department of Agriculture and Commerce	601-359-1100
Hemp and kratom retail questions	Mississippi Attorney General and your local police	Contact directly and request answers in writing
City privilege license	Your city, town or village clerk	Look up through your municipality

Questions to take to your attorney

1. Does Opinion No. 2025-00219 reach each product on my planned shelf, including topicals?
2. What exposure do my LLC and I have personally if I stock delta-8 products, and how should the business be structured?
3. What have the Attorney General and local police told me in writing about kratom?
4. Which of my products are taxable, and how should I set up my sales tax filings and any bond requirement?

Confirm each fee and deadline on the agency pages before you file, because state fees and rules change. This guide is informational only and does not replace legal or tax advice from a qualified Mississippi attorney or CPA.