Fitch’s opinion declares outright: any hemp-derived product designed for ingestion or consumption that hasn't been approved by the FDA, or distributed through a licensed medical cannabis dispensary, qualifies as a Schedule I controlled substance under Mississippi law. This interpretation overrides previous assumptions that these hemp products are legal under federal law.
Jay Mason, owner of Truman Cannabis and executive director of the Health Coalition of Mississippi, thinks Fitch's opinion fails to recognize the differences between psychoactive hemp products that mimic marijuana and non-intoxicating ones like CBD.
“The Attorney General is considering any substance that comes from the cannabis plant a Schedule I narcotic, which is on the same level as LSD, as meth, as heroin,” Mason said. “That just doesn’t make sense.”
The advisory opinion isn’t legally binding, but it is already having a major impact. Jackson County’s sheriff, John Ledbetter, sent 45 businesses letters warning them to clear prohibited products within 48 hours or face felony charges In Lafayette County, Sheriff Joey East personally delivered warnings to retailers, prompting swift compliance. Oxford’s police chief also began compliance checks after meeting local business owners and attorneys
This reflects a patchwork regulatory reality where what is legal in one county may be a felony a few miles down the road. According to Mason, decisions on whether to pursue enforcement are often driven by potential legal risk, not public safety.
“That chief of police or the county sheriff is not going to enforce a law unless the county attorney says that they cannot be sued for doing so,” Mason said.
Adding to the confusion, the AG’s opinion uses the term “consumption,” which Mason noted could include non-edible products like CBD lotions or shampoos if prosecutors push the issue.
Henry Crisler, executive director of the Mississippi Medical Marijuana Association, has been saying statewide hemp regulations are needed for years. Now he worries a strict ban could leave those who rely on CBD to treat pain or anxiety with nowhere to turn.
“It is a shame that the ban is so far-reaching that it is affecting non-psychoactive, safe medicine that a lot of people in Mississippi use,” Crisler said.
