Mississippi Hemp Cultivation Act; bring forward code sections related thereto.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Johnson

SENATE BILL NO. 2540

AN ACT TO BRING FORWARD SECTIONS 29-25-201 THROUGH 69-25-223, 1
MISSISSIPPI CODE OF 1972, WHICH ARE THE PROVISIONS THAT CONSTITUTE 2
THE MISSISSIPPI HEMP CULTIVATION ACT, FOR THE PURPOSES OF POSSIBLE 3
AMENDMENT; TO BRING FORWARD SECTIONS 41-29-105, 41-29-113, 4
41-29-136 AND 69-25-51, MISSISSIPPI CODE OF 1972, WHICH ARE 5
PROVISIONS RELATED TO THE MISSISSIPPI HEMP CULTIVATION ACT, FOR 6
THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 69-25-201, Mississippi Code of 1972, is 9
brought forward as follows: 10
69-25-201. Short title; exclusivity. This article shall be 11
known as the "Mississippi Hemp Cultivation Act." The regulation 12
of hemp cultivation and processing shall be governed exclusively 13
by the provisions of the Mississippi Hemp Cultivation Act. A 14
municipality, county or other political subdivision of this state 15
shall not enact, adopt or enforce a rule, ordinance, order, 16
resolution or other regulation that allows, prohibits or penalizes 17
the cultivation, production or processing of hemp in this state. 18
SECTION 2. Section 69-25-203, Mississippi Code of 1972, is 19
brought forward as follows: 20
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69-25-203. Definitions. For purposes of this article, the 21
following words and phrases shall have the meanings set forth 22
below unless the context clearly indicates otherwise: 23
(a) "Bureau of Plant Industry" means a division of the 24
Mississippi Department of Agriculture and Commerce created under 25
the provisions of Section 69-25-3. 26
(b) "Business entity" means a nonnatural person and 27
includes nonprofit and for-profit corporations, partnerships, 28
limited liability corporations, and other legal entities 29
recognized by law. 30
(c) "Commissioner" means the Commissioner of 31
Agriculture and Commerce of the State of Mississippi. Where 32
applicable under the provisions of this article, "commissioner" 33
shall include the commissioner's designee. 34
(d) "Delta-9-tetrahydrocannabinol" means the sum of the 35
percentage by weight of tetrahydrocannabinol acid multiplied by 36
eight hundred seventy-seven thousandths (0.877) plus the 37
percentage by weight of delta-9-tetrahydrocannabinol. 38
(e) "Department" means the Mississippi Department of 39
Agriculture and Commerce. 40
(f) "Grower" means a person, business entity, joint 41
venture or cooperative that cultivates, grows or harvests hemp. 42
(g) "Hemp" means the plant Cannabis sativa L. and any 43
part of that plant, including the seeds thereof and all 44
derivatives, extracts, cannabinoids, isomers, acids, salts and 45
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salts of isomers, whether growing or not, with a 46
delta-9-tetrahydrocannabinol (THC) concentration of not more than 47
three-tenths percent (0.3%) on a dry weight basis that is grown or 48
processed under this article. 49
(h) "Legal description of land" means Global Position 50
System coordinates and shall also include the metes and bounds to 51
include township, range, and section for the location in which 52
hemp is grown. 53
(i) "Person" means any person, firm, association, 54
corporation or business entity. 55
(j) "Processor" means a person, business entity, joint 56
venture or cooperative that receives hemp for processing into 57
commodities, products or hemp seed. A processor also includes any 58
such entity that brokers and/or stores hemp. 59
(k) "State plan" means the plan contemplated by 7 60
C.F.R. Part 990 Subpart B that a state must file for approval with 61
the United States Secretary of Agriculture. 62
(l) "USDA" means the United States Department of 63
Agriculture. 64
SECTION 3. Section 69-25-205, Mississippi Code of 1972, is 65
brought forward as follows: 66
69-25-205. Special fund. There shall be established in the 67
State Treasury a special fund for the department to administer the 68
State Plan. The fund shall consist of amounts received from 69
appropriations, and any other proceeds from gifts, grants, federal 70
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funds, application fees, registration fees, and any other funds, 71
both public and private, made available for the purposes of this 72
chapter. The fund shall be administered by the department. 73
Unexpended monies remaining in the fund at the end of a fiscal 74
year shall not lapse into the State General Fund, and any interest 75
earned or investment earnings on amounts in the fund shall be 76
deposited into the fund. 77
SECTION 4. Section 69-25-207, Mississippi Code of 1972, is 78
brought forward as follows: 79
69-25-207. Licensing and registration. (1) Pursuant to the 80
provisions of this article, cultivation and processing of hemp, as 81
defined in Section 69-25-203, are authorized in this state. 82
Cultivation and processing of hemp are subject to regulation by 83
the department and may only be performed by persons or business 84
entities that hold a valid license or registration issued 85
hereunder. 86
(2) The commissioner shall create a State Plan for 87
submission to and approval by the United States Department of 88
Agriculture and the United States Secretary of Agriculture. The 89
commissioner and department shall promulgate such reasonable 90
regulations as necessary to implement the State Plan and 91
provisions of this article. The commissioner and the department 92
shall be authorized to promulgate any rule or regulation deemed 93
necessary for the administration of the provisions of this article 94
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in compliance with any federal law, rule or regulation promulgated 95
by the United States Department of Agriculture. 96
(3) The department is authorized to accept applications, and 97
issue licenses and/or registrations for all hemp growers and hemp 98
processors. The department shall adopt and enforce all rules and 99
regulations related to those licenses and/or registrations. 100
(4) All hemp growers must be licensed by the department. 101
(5) All hemp processors must register with the department. 102
(6) All licensed holders and registered processors shall 103
keep and maintain crop and/or processing records in accordance 104
with rules and regulations adopted and enforced by the department. 105
The department may subject the required records to inspection. 106
The department may make an inspection for the purpose of ensuring 107
compliance with: 108
(a) USDA guidelines; 109
(b) Provisions of this article; 110
(c) Department rules and regulations; 111
(d) Any terms or conditions of a license issued 112
hereunder; 113
(e) Registration with the department; or 114
(f) A final department order directed to the grower's 115
or processor's hemp operations or activities. 116
(7) All hemp growers and processors shall be subject to a 117
background investigation conducted by the Department of Public 118
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Safety, which shall include both a state and federal background 119
check. 120
SECTION 5. Section 69-25-209, Mississippi Code of 1972, is 121
brought forward as follows: 122
69-25-209. Transport of hemp. Hemp growers must keep a copy 123
of their hemp grower's license in all vehicles used to transport 124
hemp under normal cultivation activities. Any person transporting 125
or delivering hemp for commerce purposes shall have a dated 126
invoice, bill of lading, or manifest in his or her possession 127
during the entire time he or she is transporting or delivering 128
hemp. The invoice, bill of lading, or manifest shall include the 129
following information: 130
(a) The seller's and the purchaser's license and/or 131
registration number, name and address; 132
(b) The specific origin and destination of the hemp 133
being transported; 134
(c) The quantity of hemp being transported; and 135
(d) Any additional information and/or documentation 136
required by the department. 137
SECTION 6. Section 69-25-211, Mississippi Code of 1972, is 138
brought forward as follows: 139
69-25-211. Enforcement. (1) (a) The commissioner or the 140
commissioner's designee may enter, at reasonable times, upon any 141
public or private property at which hemp is being cultivated or 142
processed for the purpose of determining compliance with this 143
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chapter and rules adopted under it. The Director of the Bureau of 144
Plant Industry may apply for, and any judge of a court of 145
competent jurisdiction, may issue a search warrant as is necessary 146
to achieve the purposes of this chapter relating to things, 147
property or places within the court's territorial jurisdiction. 148
(b) If the commissioner or the commissioner's designee 149
determines that emergency conditions exist requiring immediate 150
action necessary to protect public health or safety of the 151
environment, the commissioner or the commissioner's designee may 152
issue an order stating the existence of such conditions and 153
requiring specific actions be taken to mitigate those conditions 154
without providing prior notice or an adjudication hearing. 155
(c) Any person to whom such an order is issued shall 156
immediately comply with that order, and may apply to the Director 157
of the Bureau of Plant Industry for an adjudication hearing. Upon 158
receiving an application for an adjudication hearing, the director 159
shall hold the hearing as soon as practicable and not later than 160
thirty (30) days after receipt of the application. On the basis 161
of the hearing, the director shall continue the order in effect, 162
revoke it, or modify it. 163
(d) In addition to any other available remedies, the 164
commissioner or the Mississippi Attorney General may apply to the 165
circuit court in the county where any provision of this chapter or 166
an order issued under paragraph (b) of this subsection is being 167
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violated for an injunction restraining any person from continuing 168
the violation. 169
(e) An employee of the state or any division, agency, 170
institution thereof involved in the administration and/or 171
enforcement of this article, shall not be subject to prosecution 172
for violations related to possession or transportation of hemp or 173
cannabis in conjunction with the employee's duties arising under 174
this chapter. 175
(2) In addition to any other liability or penalty provided 176
by law, the department may revoke or refuse to issue or renew a 177
hemp grower license or hemp processor registration and may impose 178
a civil penalty for violations of: 179
(a) A license or registration requirement; 180
(b) License or registration terms or conditions; 181
(c) Department rules and regulations relating to 182
growing or processing hemp; or 183
(d) A final order of the department that is 184
specifically directed to the grower's or processor's hemp 185
operations or activities. 186
(3) The department may impose administrative penalties for 187
violations under this section in accordance with Section 69-25-51. 188
SECTION 7. Section 69-25-213, Mississippi Code of 1972, is 189
brought forward as follows: 190
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69-25-213. Negligent violations. (1) Upon a determination 191
by the commissioner or the commissioner's designee, the following 192
may constitute negligent violations: 193
(a) Failing to provide a legal description of land on 194
which the grower produces hemp; 195
(b) Failing to obtain a license or other required 196
authorization from the department; 197
(c) Failing to register with the department; 198
(d) Producing Cannabis sativa L. with a 199
delta-9-tetrahydrocannabinol concentration of more than 200
five-tenths percent (0.5%) on a dry weight basis; or 201
(e) Any other violation of the State Plan, including 202
any rules and regulations set forth by the department. 203
(2) Corrective action plan. (a) A hemp grower shall comply 204
with a plan established by the commissioner or the commissioner's 205
designee to correct the negligent violation, including: 206
(i) A reasonable date by which the hemp grower 207
shall correct the negligent violation; and 208
(ii) A requirement that the hemp grower shall 209
periodically report to the commissioner or the commissioner's 210
designee regarding the compliance with the corrective plan for a 211
period of not less than the next two (2) calendar years. 212
(b) The department shall notify the Mississippi Bureau 213
of Narcotics of all corrective action plans implemented by the 214
commissioner or the commissioner's designee. 215
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(3) Result of negligent violation. A hemp grower that 216
negligently violates the State Plan shall not, as a result of that 217
violation, be subject to any criminal enforcement action by a 218
state, county or local government entity. 219
(4) Repeat violations. A hemp grower that negligently 220
violates the State Plan three (3) times in a five-year period 221
shall be ineligible to produce hemp for a period of five (5) years 222
beginning on the date of the third violation. 223
SECTION 8. Section 69-25-215, Mississippi Code of 1972, is 224
brought forward as follows: 225
69-25-215. Nonnegligent violations. If a hemp grower 226
violates the State Plan, including growing hemp containing a 227
delta-9-tetrahydrocannabinol (THC) concentration that exceeds 228
three-tenths percent (0.3%) on a dry mass basis or a tolerance 229
range as specified by USDA, with a culpable mental state greater 230
than negligence as determined by the department, the commissioner 231
shall immediately report the violation and the hemp grower to the 232
United States Attorney General, the Mississippi Attorney General 233
and the Mississippi Public Safety Commissioner. Such violations 234
shall also be referred to the Mississippi Bureau of Narcotics for 235
investigation. The Bureau of Narcotics may detain, seize and/or 236
destroy the crop and may initiate a criminal case for any 237
violation of this article or the Mississippi Uniform Controlled 238
Substances Law. The Mississippi Attorney General shall, in person 239
or by his or her designee, prosecute all criminal actions related 240
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to violations arising under this chapter relating to hemp, on 241
behalf of the state. Violations of the State Plan that involve 242
culpability greater than negligence must be reported to the United 243
States Attorney General and the Mississippi Attorney General. The 244
provisions of Section 69-25-213 shall not apply to nonnegligent 245
violations. 246
SECTION 9. Section 69-25-217, Mississippi Code of 1972, is 247
brought forward as follows: 248
69-25-217. Prohibitions. (1) It shall be unlawful for any 249
person or business entity to: 250
(a) Violate this chapter or any rules or regulations 251
promulgated under this chapter; 252
(b) Fail to comply with a corrective action plan issued 253
by the commissioner under Section 69-25-213(2); 254
(c) Transport hemp or hemp materials in violation of 255
Section 69-25-209 or rules or regulations adopted under this 256
chapter; or 257
(d) Cultivate or grow hemp with a 258
delta-9-tetrahydrocannabinol (THC) concentration of more than 259
three-tenths percent (0.3%) on a dry weight basis. 260
(2) Any person or business entity that purposely, knowingly 261
or recklessly violates this provision of this chapter relating to 262
hemp production or processing shall be guilty of a misdemeanor 263
and, upon conviction of the violation, shall be fined in an amount 264
not to exceed Five Thousand Dollars ($5,000.00), or sentenced to 265
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imprisonment in the county jail for not more than one (1) year, or 266
both such fine and imprisonment. 267
(3) Notwithstanding subsection (2) of this section, if any 268
person or entity purposely, recklessly or knowingly cultivates or 269
grows hemp with a delta-9-tetrahydrocannabinol (THC) concentration 270
of more than one percent (1%) on a dry weight basis that person or 271
entity shall be guilty of a felony punishable by imprisonment for 272
not more than five (5) years, or a fine of not more than Ten 273
Thousand Dollars ($10,000.00), or both such fine and imprisonment. 274
(4) For purposes of this section, the terms "purposely", 275
"knowingly" and "recklessly" have the following meanings: 276
(a) "Purposefully" means a person acts purposely with 277
respect to a material element of an offense if: 278
(i) The element involves the nature of his or her 279
conduct or a result thereof, it is his or her conscious object to 280
engage in conduct of that nature or to cause such a result; and 281
(ii) The element involves the attendant 282
circumstances, he or she is aware of the existence of such 283
circumstances or he or she believes or hopes that they exist. 284
(b) "Knowingly" means a person acts knowingly with 285
respect to a material element of an offense if: 286
(i) The element involves the nature of his or her 287
conduct or the attendant circumstances, he or she is aware that 288
his or her conduct is of that nature or that such circumstances 289
exist; and 290
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(ii) The element involves a result of his or her 291
conduct, he or she is aware that it is practically certain that 292
his or her conduct will cause such a result. 293
(c) "Recklessly" means a person acts recklessly with 294
respect to a material element of an offense when he or she 295
consciously disregards a substantial and unjustifiable risk that 296
the material element exists or will result from his or her 297
conduct. The risk must be of such a nature and degree that, 298
considering the nature and purpose of the actor's conduct and the 299
circumstances known to him or her, its disregard involves a gross 300
deviation from the standard of conduct that a law-abiding person 301
would observe in the actor's situation. 302
SECTION 10. Section 69-25-219, Mississippi Code of 1972, is 303
brought forward as follows: 304
69-25-219. General provisions. (1) Any person convicted of 305
a felony relating to a controlled substance under state or federal 306
law before, on or after the date of enactment of this article June 307
29, 2020 shall be ineligible, during the ten-year period following 308
the date of the conviction to participate in the program 309
established under this article and to produce hemp under any 310
regulations or guidelines issued under this article. 311
(2) Any person who materially falsifies any information 312
contained in an application to participate in the State Plan 313
established under this article shall be ineligible to participate 314
in the State Plan. 315
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(3) In addition to any inspection conducted, the department 316
may inspect any hemp crop at any time and take a representative 317
composite sample for analysis. It shall be the duty of the 318
department to take such samples and deliver them to the State 319
Chemist for examination and analysis. It shall be the duty of the 320
State Chemist to cause as many analyses to be made of samples 321
delivered to him or her by the department as may be necessary to 322
properly implement the intent of this article. The State Chemist 323
shall make a report of such analyses to the department. 324
(4) The department shall charge growers and processors a fee 325
or fees as determined by the department in a sufficient amount to 326
cover the costs required to administer and enforce the provisions 327
of this chapter. 328
SECTION 11. Section 69-25-221, Mississippi Code of 1972, is 329
brought forward as follows: 330
69-25-221. Necessity of surety bond. No person shall 331
operate as a hemp processor without first having secured a surety 332
bond pursuant to this section. The commissioner shall promulgate 333
rules and regulations as necessary to require hemp processors to 334
secure a surety bond. A hemp processor may file with the 335
department, in lieu of a surety bond, a certificate of deposit or 336
irrevocable letter of credit from any bank or banking corporation 337
insured by the Federal Deposit Insurance Corporation. Rules and 338
regulations required for certificates of deposit and irrevocable 339
letters of credit shall be promulgated by the commissioner. 340
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SECTION 12. Section 69-25-223, Mississippi Code of 1972, is 341
brought forward as follows: 342
69-25-223. (1) The provisions of this article which provide 343
authority to the Commissioner of Agriculture and Commerce and the 344
Mississippi Department of Agriculture and Commerce to administer 345
the provisions of the "Mississippi Hemp Cultivation Act," shall be 346
subject to legislative appropriation or receipt of necessary 347
funding from any private or public entity for purposes of 348
implementation. 349
(2) The provisions of this article shall not have any effect 350
upon any programs administered by Mississippi State University, 351
which shall remain exempt, as such programs related to the 352
educational, research or testing functions performed by 353
Mississippi State Chemical Laboratory, shall continue to function 354
in accordance with the mission of the university, as approved by 355
the Board of Trustees of State Institutions of Higher Learning. 356
SECTION 13. Section 41-29-105, Mississippi Code of 1972, is 357
brought forward as follows: 358
41-29-105. The following words and phrases, as used in this 359
article, shall have the following meanings, unless the context 360
otherwise requires: 361
(a) "Administer" means the direct application of a 362
controlled substance, whether by injection, inhalation, ingestion 363
or any other means, to the body of a patient or research subject 364
by: 365
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(i) A practitioner (or, in his presence, by his 366
authorized agent); or 367
(ii) The patient or research subject at the 368
direction and in the presence of the practitioner. 369
(b) "Agent" means an authorized person who acts on 370
behalf of or at the direction of a manufacturer, distributor or 371
dispenser. Such word does not include a common or contract 372
carrier, public warehouseman or employee of the carrier or 373
warehouseman. This definition shall not be applied to the term 374
"agent" when such term clearly designates a member or officer of 375
the Bureau of Narcotics or other law enforcement organization. 376
(c) "Board" means the Mississippi State Board of 377
Medical Licensure. 378
(d) "Bureau" means the Mississippi Bureau of Narcotics. 379
However, where the title "Bureau of Drug Enforcement" occurs, that 380
term shall also refer to the Mississippi Bureau of Narcotics. 381
(e) "Commissioner" means the Commissioner of the 382
Department of Public Safety. 383
(f) "Controlled substance" means a drug, substance or 384
immediate precursor in Schedules I through V of Sections 41-29-113 385
through 41-29-121. 386
(g) "Counterfeit substance" means a controlled 387
substance which, or the container or labeling of which, without 388
authorization, bears the trademark, trade name, or other 389
identifying mark, imprint, number or device, or any likeness 390
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thereof, of a manufacturer, distributor or dispenser other than 391
the person who in fact manufactured, distributed or dispensed the 392
substance. 393
(h) "Deliver" or "delivery" means the actual, 394
constructive, or attempted transfer from one person to another of 395
a controlled substance, whether or not there is an agency 396
relationship. 397
(i) "Director" means the Director of the Bureau of 398
Narcotics. 399
(j) "Dispense" means to deliver a controlled substance 400
to an ultimate user or research subject by or pursuant to the 401
lawful order of a practitioner, including the prescribing, 402
administering, packaging, labeling or compounding necessary to 403
prepare the substance for that delivery. 404
(k) "Dispenser" means a practitioner who dispenses. 405
(l) "Distribute" means to deliver other than by 406
administering or dispensing a controlled substance. 407
(m) "Distributor" means a person who distributes. 408
(n) "Drug" means (i) a substance recognized as a drug 409
in the official United States Pharmacopoeia, official Homeopathic 410
Pharmacopoeia of the United States, or official National 411
Formulary, or any supplement to any of them; (ii) a substance 412
intended for use in the diagnosis, cure, mitigation, treatment, or 413
prevention of disease in man or animals; (iii) a substance (other 414
than food) intended to affect the structure or any function of the 415
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body of man or animals; and (iv) a substance intended for use as a 416
component of any article specified in this paragraph. Such word 417
does not include devices or their components, parts, or 418
accessories. 419
(o) "Hashish" means the resin extracted from any part 420
of the plants of the genus Cannabis and all species thereof or any 421
preparation, mixture or derivative made from or with that resin. 422
(p) "Immediate precursor" means a substance which the 423
board has found to be and by rule designates as being the 424
principal compound commonly used or produced primarily for use, 425
and which is an immediate chemical intermediary used or likely to 426
be used in the manufacture of a controlled substance, the control 427
of which is necessary to prevent, curtail, or limit manufacture. 428
(q) "Manufacture" means the production, preparation, 429
propagation, compounding, conversion or processing of a controlled 430
substance, either directly or indirectly, by extraction from 431
substances of natural origin, or independently by means of 432
chemical synthesis, or by a combination of extraction and chemical 433
synthesis, and includes any packaging or repackaging of the 434
substance or labeling or relabeling of its container. The term 435
"manufacture" does not include the preparation, compounding, 436
packaging or labeling of a controlled substance in conformity with 437
applicable state and local law: 438
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(i) By a practitioner as an incident to his 439
administering or dispensing of a controlled substance in the 440
course of his professional practice; or 441
(ii) By a practitioner, or by his authorized agent 442
under his supervision, for the purpose of, or as an incident to, 443
research, teaching or chemical analysis and not for sale. 444
(r) "Marijuana" means all parts of the plant of the 445
genus Cannabis and all species thereof, whether growing or not, 446
the seeds thereof, and every compound, manufacture, salt, 447
derivative, mixture or preparation of the plant or its seeds, 448
excluding hashish. 449
The term "marijuana" does not include "hemp" as defined in 450
and regulated by Sections 69-25-201 through 69-25-221. 451
(s) "Narcotic drug" means any of the following, whether 452
produced directly or indirectly by extraction from substances of 453
vegetable origin, or independently by means of chemical synthesis, 454
or by a combination of extraction and chemical synthesis: 455
(i) Opium and opiate, and any salt, compound, 456
derivative or preparation of opium or opiate; 457
(ii) Any salt, compound, isomer, derivative or 458
preparation thereof which is chemically equivalent or identical 459
with any of the substances referred to in subparagraph (i), but 460
not including the isoquinoline alkaloids of opium; 461
(iii) Opium poppy and poppy straw; and 462
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(iv) Cocaine, coca leaves and any salt, compound, 463
derivative or preparation of cocaine, coca leaves, and any salt, 464
compound, isomer, derivative or preparation thereof which is 465
chemically equivalent or identical with any of these substances, 466
but not including decocainized coca leaves or extractions of coca 467
leaves which do not contain cocaine or ecgonine. 468
(t) "Opiate" means any substance having an 469
addiction-forming or addiction-sustaining liability similar to 470
morphine or being capable of conversion into a drug having 471
addiction-forming or addiction-sustaining liability. It does not 472
include, unless specifically designated as controlled under 473
Section 41-29-111, the dextrorotatory isomer of 474
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). 475
Such word does include its racemic and levorotatory forms. 476
(u) "Opium poppy" means the plant of the species 477
Papaver somniferum L., except its seeds. 478
(v) (i) "Paraphernalia" means all equipment, products 479
and materials of any kind which are used, intended for use, or 480
designed for use, in planting, propagating, cultivating, growing, 481
harvesting, manufacturing, compounding, converting, producing, 482
processing, preparing, testing, analyzing, packaging, repackaging, 483
storing, containing, concealing, injecting, ingesting, inhaling or 484
otherwise introducing into the human body a controlled substance 485
in violation of the Uniform Controlled Substances Law. It 486
includes, but is not limited to: 487
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1. Kits used, intended for use, or designed 488
for use in planting, propagating, cultivating, growing or 489
harvesting of any species of plant which is a controlled substance 490
or from which a controlled substance can be derived; 491
2. Kits used, intended for use, or designed 492
for use in manufacturing, compounding, converting, producing, 493
processing or preparing controlled substances; 494
3. Isomerization devices used, intended for 495
use or designed for use in increasing the potency of any species 496
of plant which is a controlled substance; 497
4. Testing equipment used, intended for use, 498
or designed for use in identifying or in analyzing the strength, 499
effectiveness or purity of controlled substances; 500
5. Scales and balances used, intended for use 501
or designed for use in weighing or measuring controlled 502
substances; 503
6. Diluents and adulterants, such as quinine 504
hydrochloride, mannitol, mannite, dextrose and lactose, used, 505
intended for use or designed for use in cutting controlled 506
substances; 507
7. Separation gins and sifters used, intended 508
for use or designed for use in removing twigs and seeds from, or 509
in otherwise cleaning or refining, marijuana; 510
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8. Blenders, bowls, containers, spoons and 511
mixing devices used, intended for use or designed for use in 512
compounding controlled substances; 513
9. Capsules, balloons, envelopes and other 514
containers used, intended for use or designed for use in packaging 515
small quantities of controlled substances; 516
10. Containers and other objects used, 517
intended for use or designed for use in storing or concealing 518
controlled substances; 519
11. Hypodermic syringes, needles and other 520
objects used, intended for use or designed for use in parenterally 521
injecting controlled substances into the human body; 522
12. Objects used, intended for use or 523
designed for use in ingesting, inhaling or otherwise introducing 524
marijuana, cocaine, hashish or hashish oil into the human body, 525
such as: 526
a. Metal, wooden, acrylic, glass, stone, 527
plastic or ceramic pipes with or without screens, permanent 528
screens, hashish heads or punctured metal bowls; 529
b. Water pipes; 530
c. Carburetion tubes and devices; 531
d. Smoking and carburetion masks; 532
e. Roach clips, meaning objects used to 533
hold burning material, such as a marijuana cigarette, that has 534
become too small or too short to be held in the hand; 535
S. B. No. 2540 *SS26/R906* ~ OFFICIAL ~
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f. Miniature cocaine spoons and cocaine 536
vials; 537
g. Chamber pipes; 538
h. Carburetor pipes; 539
i. Electric pipes; 540
j. Air-driven pipes; 541
k. Chillums; 542
l. Bongs; and 543
m. Ice pipes or chillers. 544
(ii) In determining whether an object is 545
paraphernalia, a court or other authority should consider, in 546
addition to all other logically relevant factors, the following: 547
1. Statements by an owner or by anyone in 548
control of the object concerning its use; 549
2. Prior convictions, if any, of an owner, or 550
of anyone in control of the object, under any state or federal law 551
relating to any controlled substance; 552
3. The proximity of the object, in time and 553
space, to a direct violation of the Uniform Controlled Substances 554
Law; 555
4. The proximity of the object to controlled 556
substances; 557
5. The existence of any residue of controlled 558
substances on the object; 559
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6. Direct or circumstantial evidence of the 560
intent of an owner, or of anyone in control of the object, to 561
deliver it to persons whom he knows, or should reasonably know, 562
intend to use the object to facilitate a violation of the Uniform 563
Controlled Substances Law; the innocence of an owner, or of anyone 564
in control of the object, as to a direct violation of the Uniform 565
Controlled Substances Law shall not prevent a finding that the 566
object is intended for use, or designed for use as paraphernalia; 567
7. Instructions, oral or written, provided 568
with the object concerning its use; 569
8. Descriptive materials accompanying the 570
object which explain or depict its use; 571
9. National and local advertising concerning 572
its use; 573
10. The manner in which the object is 574
displayed for sale; 575
11. Whether the owner or anyone in control of 576
the object is a legitimate supplier of like or related items to 577
the community, such as a licensed distributor or dealer of tobacco 578
products; 579
12. Direct or circumstantial evidence of the 580
ratio of sales of the object(s) to the total sales of the business 581
enterprise; 582
13. The existence and scope of legitimate 583
uses for the object in the community; 584
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14. Expert testimony concerning its use. 585
(iii) "Paraphernalia" does not include any 586
materials used or intended for use in testing for the presence of 587
fentanyl or a fentanyl analog in a substance. 588
(w) "Person" means individual, corporation, government 589
or governmental subdivision or agency, business trust, estate, 590
trust, partnership or association, or any other legal entity. 591
(x) "Poppy straw" means all parts, except the seeds, of 592
the opium poppy, after mowing. 593
(y) "Practitioner" means: 594
(i) A physician, dentist, veterinarian, scientific 595
investigator, optometrist certified to prescribe and use 596
therapeutic pharmaceutical agents under Sections 73-19-153 through 597
73-19-165, or other person licensed, registered or otherwise 598
permitted to distribute, dispense, conduct research with respect 599
to or to administer a controlled substance in the course of 600
professional practice or research in this state; and 601
(ii) A pharmacy, hospital or other institution 602
licensed, registered, or otherwise permitted to distribute, 603
dispense, conduct research with respect to or to administer a 604
controlled substance in the course of professional practice or 605
research in this state. 606
(z) "Production" includes the manufacture, planting, 607
cultivation, growing or harvesting of a controlled substance. 608
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(aa) "Sale," "sell" or "selling" means the actual, 609
constructive or attempted transfer or delivery of a controlled 610
substance for remuneration, whether in money or other 611
consideration. 612
(bb) "State," when applied to a part of the United 613
States, includes any state, district, commonwealth, territory, 614
insular possession thereof, and any area subject to the legal 615
authority of the United States of America. 616
(cc) "Ultimate user" means a person who lawfully 617
possesses a controlled substance for his own use or for the use of 618
a member of his household or for administering to an animal owned 619
by him or by a member of his household. 620
SECTION 14. Section 41-29-113, Mississippi Code of 1972, is 621
brought forward as follows: 622
41-29-113. 623
SCHEDULE I 624
(a) Schedule I consists of the drugs and other substances, 625
by whatever official name, common or usual name, chemical name, or 626
brand name designated, that is listed in this section. 627
(b) Opiates. Unless specifically excepted or unless listed 628
in another schedule, any of the following opiates, including their 629
isomers, esters, ethers, salts and salts of isomers, esters and 630
ethers, whenever the existence of these isomers, esters, ethers 631
and salts is possible within the specific chemical designation: 632
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(1) Acetyl-alpha-methylfentanyl 633
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); 634
(2) Acetylmethadol; 635
(3) Acetyl fentanyl 636
(N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); 637
(4) Acryl fentanyl 638
(N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide), also known as 639
acryloylfentanyl; 640
(5) AH-7921 (3,4-dichloro-N-[(1-dimethylamino) 641
cyclohexylmethyl]benzamide); 642
(6) Allylprodine; 643
(7) Alphacetylmethadol, except levo-alphacetylmethadol 644
(levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM); 645
(8) Alphameprodine; 646
(9) Alphamethadol; 647
(10) Alpha′-methyl butyryl fentanyl 648
(2-methyl-N-1-phenethylpiperidin-4-yl)-N-phenylbutanamide); 649
(11) Alpha-Methylfentanyl 650
(N-[1-alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 651
1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine); 652
(12) Alpha-Methylthiofentanyl 653
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide654
); 655
(13) Benzethidine; 656
(14) Betacetylmethadol; 657
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(15) Beta-Hydroxyfentanyl 658
(N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); 659
(16) Beta-Hydroxy-3-methylfentanyl 660
(N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpr661
opanamide); 662
(17) Beta-Hydroxythiofentanyl 663
(N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpr664
opionamide); 665
(18) Betameprodine; 666
(19) Betamethadol; 667
(20) Beta-Methyl fentanyl 668
(N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide), also 669
known as β-methyl fentanyl; 670
(21) Beta'-Phenyl fentanyl 671
(N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide), also 672
known as β'-phenyl fentanyl or 3-phenylpropanoyl fentanyl; 673
(22) Betaprodine; 674
(23) Brorphine (1–(1–(1–675
(4-bromophenyl)ethyl)piperidin-4–yl)–676
1,3-dihydro-2H-benzo[d]imidazol-2-one); 677
(24) Butyrl fentanyl 678
(N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide); 679
(25) Clonitazene; 680
(26) Crotonyl fentanyl 681
((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide); 682
S. B. No. 2540 *SS26/R906* ~ OFFICIAL ~
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(27) Cyclopentyl fentanyl 683
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide); 684
(28) Cyclopropyl fentanyl 685
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide); 686
(29) Dextromoramide; 687
(30) Diampromide; 688
(31) Diethylthiambutene; 689
(32) Difenoxin; 690
(33) Dimenoxadol; 691
(34) Dimepheptanol; 692
(35) 2′,5′-dimethoxyfentanyl 693
(N-1-2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropionamide); 694
(36) Dimethylthiambutene; 695
(37) Dioxaphetyl butyrate; 696
(38) Dipipanone; 697
(39) Ethylmethylthiambutene; 698
(40) Etodesnitazene 699
(2-2-4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amin700
e, also known as etazene; 701
(41) Etonitazene; 702
(42) Etoxeridine; 703
(43) Fentanyl carbamate 704
(ethyl(1-phenethylpiperidin-4-yl)(phenyl)carbamate); 705
(44) Fentanyl-related substances, meaning any substance 706
not otherwise listed under another schedule and for which no 707
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exemption or approval is in effect under Section 505 of the 708
Federal Food, Drug, and Cosmetic Act [21 USC 355] that is 709
structurally related to fentanyl by one or more of the following 710
modifications: 711
(A) Replacement of the phenyl portion of the 712
phenethyl group by any monocycle, whether or not further 713
substituted in or on the monocycle; 714
(B) Substitution in or on the phenethyl group with 715
alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro 716
groups; 717
(C) Substitution in or on the piperidine ring with 718
alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, 719
amino or nitro groups; 720
(D) Replacement of the aniline ring with any 721
aromatic monocycle whether or not further substituted in or on the 722
aromatic monocycle; and/or 723
(E) Replacement of the N-propionyl group by 724
another acyl group. 725
(45) 4-Fluoroisobutyryl fentanyl 726
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide), 727
also known as para-fluoroisobutyryl fentanyl); 728
(46) 2'-Fluoro ortho-fluorofentanyl 729
(N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl) 730
propionamide), also known as 2'-fluoro 2-fluorofentanyl; 731
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(47) Furanyl fentanyl 732
(N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide); 733
(48) 3-furanyl fentanyl 734
(N-1-phenethylpiperidin-4-yl)-N-phenylfuran-3-carboxamide); 735
(49) Furethidine; 736
(50) Hydroxypethidine; 737
(51) Isobutyryl fentanyl 738
(N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide); 739
(52) Isotonitazene (N,N-diethyl-2-(2-(4 740
isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine); 741
(53) Isovaleryl fentanyl 742
(3-methyl-N-1-phenethylpiperidin-4-yl)-N-phenylbutanamide); 743
(54) Ketobemidone (including the optical and geometric 744
isomers); 745
(55) Levomoramide; 746
(56) Levophenacylmorphan; 747
(57) Meta-fluorofentanyl 748
(N-3-fluorophenyl)-N-1-phenethylpiperidin-4-yl)propionamide); 749
(58) Meta-fluoroisobutyryl fentanyl 750
(N-(3-fluorophenyl)-N-1-phenethylpiperidin-4-yl)isobutyramide); 751
(59) Methoxyacetyl fentanyl 752
(2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); 753
(60) 4'-Methyl acetyl fentanyl 754
(N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide); 755
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(61) 2-methyl AP–237 756
(1-2-methyl-4-3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1-one; 757
(62) 3-Methylfentanyl 758
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide); 759
(63) 3-Methylthiofentanyl (N-[3-methyl-1- 760
(2-thienylethyl)-4-piperidinyl]-N-phenylpropanamide); 761
(64) Para-methoxyfuranyl fentanyl 762
(N-(4-methoxyphenyl)-N-1-phenethylpiperidin-4-yl)furan-2-carboxami763
de); 764
(65) Metonitazene 765
(N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)e766
than-1-amine (metonitazene); 767
(66) Morpheridine; 768
(67) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); 769
(68) MT-45 770
(1-cyclohexyl-4-(1,2-diphenylethyl)piperazine); 771
(69) N-pyrrolidino etonitazene 772
2-4-ethoxybenzyl)-5-nitro-1-2-pyrrolidin-1-yl)ethyl)-1H-benzimidaz773
ole, also known as etonitazepyne; 774
(70) Noracymethadol; 775
(71) Norlevorphanol; 776
(72) Normethadone; 777
(73) Norpipanone; 778
(74) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N- 779
(1-phenethylpiperidin-4-yl)acetamide); 780
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(75) Ortho-Fluoroacryl fentanyl 781
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide); 782
(76) Ortho-Fluorobutyryl fentanyl 783
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide), also 784
known as 2-fluorobutyryl fentanyl; 785
(77) Ortho-Fluorofentanyl 786
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide), 787
also known as 2-fluorofentanyl; 788
(78) Ortho-fluorofuranyl fentanyl 789
(N-2-fluorophenyl)-N-1-phenethylpiperidin-4-yl)furan-2-carboxamide790
); 791
(79) Ortho-Fluoroisobutyryl fentanyl 792
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide); 793
(80) Ortho-Methyl acetylfentanyl 794
(N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide), also 795
known as 2-methyl acetylfentanyl; 796
(81) Ortho-Methyl methoxyacetyl fentanyl 797
(2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl) 798
acetamide), also known as 2-methyl methoxyacetyl fentanyl; 799
(82) Para-Chloroisobutyryl fentanyl 800
(N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide); 801
(83) Para-Fluorobutyryl fentanyl 802
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide); 803
(84) Para-Fluorofentanyl (N-(4-fluorophenyl) 804
-N-[1-(2-phenylethyl)-4-piperidinyl]propanamide); 805
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(85) Para-Fluoro furanyl fentanyl N-(4-fluorophenyl)-N- 806
(1-phenethylpiperidin-4-yl)furan-2-carboxamide); 807
(86) Para-Methoxybutyryl fentanyl 808
(N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide); 809
(87) Para-methylcyclopropyl fentanyl 810
(N-4-methylphenyl)-N-1-phenethylpiperidin-4-yl)cyclopropanecarboxa811
mide); 812
(88) Para-Methylfentanyl 813
(N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide), 814
also known as 4-methylfentanyl); 815
(89) PEPAP 816
(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine); 817
(90) Phenadoxone; 818
(91) Phenampromide; 819
(92) Phenomorphan; 820
(93) Phenoperidine; 821
(94) Phenyl fentanyl 822
(N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide), also known as 823
benzoyl fentanyl; 824
(95) Piritramide; 825
(96) Proheptazine; 826
(97) Properidine; 827
(98) Propiram; 828
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(99) Protonitazene 829
N,N-diethyl-2-5-nitro-2-4-propoxybenzyl)-1H-benzimidazol-1-yl)etha830
n-1-amine; 831
(100) Racemoramide; 832
(101) Tetrahydrofuranyl fentanyl 833
(N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2- 834
carboxamide); 835
(102) Thiofentanyl 836
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide); 837
(103) Thiofuranyl fentanyl 838
(N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide), 839
also known as 2-thiofuranyl fentanyl or thiophene fentanyl; 840
(104) Tilidine; 841
(105) Trimeperidine; 842
(106) U-47700, (3,4-dichloro-N- 843
[2-(dimethylamino)cyclohexyl]-N-methylbenzamide); 844
(107) Valeryl fentanyl 845
(N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide). 846
(c) Opium derivatives. Unless specifically excepted or 847
unless listed in another schedule, any of the following opium 848
derivatives, their salts, isomers and salts of isomers, whenever 849
the existence of these salts, isomers and salts of isomers is 850
possible within the specific chemical designation: 851
(1) Acetorphine; 852
(2) Acetyldihydrocodeine; 853
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(3) Benzylmorphine; 854
(4) Codeine methylbromide; 855
(5) Codeine-N-Oxide; 856
(6) Cyprenorphine; 857
(7) Desomorphine; 858
(8) Dihydromorphine; 859
(9) Drotebanol; 860
(10) Etorphine (except hydrochloride salt); 861
(11) Heroin; 862
(12) Hydromorphinol; 863
(13) Methyldesorphine; 864
(14) Methyldihydromorphine; 865
(15) Monoacetylmorphine; 866
(16) Morphine methylbromide; 867
(17) Morphine methylsulfonate; 868
(18) Morphine-N-Oxide; 869
(19) Myrophine; 870
(20) Nicocodeine; 871
(21) Nicomorphine; 872
(22) Normorphine; 873
(23) Pholcodine; 874
(24) Thebacon. 875
(d) Hallucinogenic substances. Unless specifically excepted 876
or unless listed in another schedule, any material, compound, 877
mixture or preparation which contains any quantity of the 878
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following substances, their salts, isomers (whether optical, 879
positional, or geometric) and salts of isomers, whenever the 880
existence of these salts, isomers and salts of isomers is possible 881
within the specific chemical designation: 882
(1) Alpha-ethyltryptamine; 883
(2) 4-bromo-2,5-dimethoxy-amphetamine; 884
(3) 4-bromo-2,5-dimethoxyphenethylamine; 885
(4) 2,5-dimethoxyamphetamine; 886
(5) 2,5-dimethoxy-4-ethylamphetamine (DOET); 887
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine 888
(2C-T-7); 889
(7) 4-methoxyamphetamine; 890
(8) 5-methoxy-3,4-methylenedioxy-amphetamine; 891
(9) 4-methyl-2,5-dimethoxy-amphetamine; 892
(10) 3,4-methylenedioxy amphetamine; 893
(11) 3,4-methylenedioxymethamphetamine (MDMA); 894
(12) 3,4-methylenedioxy-N-ethylamphetamine (also known 895
as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl 896
MDA, MDE, MDEA); 897
(13) N-hydroxy-3,4-methylenedioxyamphetamine (also 898
known as N-hydroxy MDA, N-OHMDA, and 899
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine); 900
(14) 3,4,5-trimethoxy amphetamine; 901
(15) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 902
(16) Alpha-methyltryptamine (also known as AMT); 903
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(17) Bufotenine; 904
(18) Diethyltryptamine; 905
(19) Dimethyltryptamine; 906
(20) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT); 907
(21) Ibogaine; 908
(22) Lysergic acid diethylamide (LSD); 909
(23) (A) Marijuana (Hemp as defined and regulated 910
under Sections 69-25-201 through 69-25-221 and Cannabidiol 911
contained in a legend drug product approved by the Federal Food 912
and Drug Administration or obtained under Section 41-29-136 are 913
exempt under Schedule I); 914
(B) Hashish; 915
(24) Mescaline; 916
(25) Parahexyl; 917
(26) Peyote; 918
(27) N-ethyl-3-piperidyl benzilate; 919
(28) N-methyl-3-piperidyl benzilate; 920
(29) Psilocybin; 921
(30) Psilocyn; 922
(31) Tetrahydrocannabinols, meaning 923
tetrahydrocannabinols contained in a plant of the genus Cannabis 924
(cannabis plant), as well as the synthetic equivalents of the 925
substances contained in the cannabis plant, or in the resinous 926
extractives of such plant, and/or synthetic substances, 927
derivatives, and their isomers with similar chemical structure and 928
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pharmacological activity to those substances contained in the 929
plant such as the following: 930
(A) 1 cis or trans tetrahydrocannabinol; 931
(B) 6 cis or trans tetrahydrocannabinol; 932
(C) 3,4 cis or trans tetrahydrocannabinol. 933
(Since nomenclature of these substances is not 934
internationally standardized, compounds of these structures, 935
regardless of atomic positions, are covered.) 936
("Tetrahydrocannabinols" excludes dronabinol and nabilone.) 937
For purposes of this paragraph, tetrahydrocannabinols do not 938
include hemp or hemp products regulated under Sections 69-25-201 939
through 69-25-221. 940
However, the following products are exempted from control: 941
(i) THC-containing industrial products made 942
from cannabis stalks (e.g., paper, rope and clothing); 943
(ii) Processed cannabis plant materials used 944
for industrial purposes, such as fiber retted from cannabis stalks 945
for use in manufacturing textiles or rope; 946
(iii) Animal feed mixtures that contain 947
sterilized cannabis seeds and other ingredients (not derived from 948
the cannabis plant) in a formula designed, marketed and 949
distributed for nonhuman consumption; 950
(iv) Personal care products that contain oil 951
from sterilized cannabis seeds, such as shampoos, soaps, and body 952
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lotions (if the products do not cause THC to enter the human 953
body); 954
(v) Hemp as regulated under Sections 955
69-25-201 through 69-25-221; and 956
(vi) Any product derived from the hemp plant 957
designed for human ingestion and/or consumption that is approved 958
by the United States Food and Drug Administration; 959
(32) Phencyclidine; 960
(33) Ethylamine analog of phencyclidine (PCE); 961
(34) Pyrrolidine analog of phencyclidine (PHP, PCPy); 962
(35) Thiophene analog of phencyclidine; 963
(36) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine (TCPy); 964
(37) 4-methylmethcathinone (mephedrone); 965
(38) 3,4-methylenedioxypyrovalerone (MDPV); 966
(39) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine (2C-E); 967
(40) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D); 968
(41) 2-(4-chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); 969
(42) 2-(4-iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); 970
or 2,5-dimethoxy-4-iodophenethylamine; 971
(43) 2-[4-(ethylthio)-2,5-dimethoxyphenyl]ethanamine 972
(2C-T-2); 973
(44) 974
2-[4-(isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4); 975
(45) 2-(2,5-dimethoxyphenyl)ethanamine (2C-H); 976
(46) 2-(2,5-dimethoxy-4-nitro-phenyl)ethanamine (2C-N); 977
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(47) 2-(2,5-dimethoxy-4-(n)-propylphenyl)ethanamine 978
(2C-P); 979
(48) 3,4-methylenedioxy-N-methylcathinone(methylone); 980
(49) 981
2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine 982
(25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36); 983
(50) 984
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine 985
(25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82); 986
(51) 987
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine or 988
N-[(2-methoxyphenyl)methyl]ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; 989
Cimbi-5); 990
(52) 7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1, 991
4-benzodiazepin-2-one (also known as Phenazepam); 992
(53) 7-(2-chlorophenyl)-4-ethyl-13-methyl-3-thia-1,8, 993
11,12-tetraazatricyclo[8.3.0.0]trideca-2(6),4,7,10,12-pentaene 994
(also known as Etizolam); 995
(54) Salvia divinorum; 996
(55) Synthetic cannabinoids. Unless specifically 997
excepted or unless listed in another schedule, any material, 998
compound, mixture, or preparation which contains any quantity of a 999
synthetic cannabinoid found in any of the following chemical 1000
groups, whether or not substituted to any extent, or any of those 1001
groups which contain any synthetic cannabinoid salts, isomers, or 1002
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salts of isomers, whenever the existence of such salts, isomers, 1003
or salts of isomers is possible within the specific chemical 1004
designation, including all synthetic cannabinoid chemical 1005
analogues in such groups: 1006
(A) (6aR,10aR)-9-(hydroxymethyl)-6, 1007
6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 1008
chromen-1-ol (also known as HU-210 or 1009
1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol); 1010
(B) Naphthoylindoles and naphthylmethylindoles, 1011
being any compound structurally derived from 3-(1-naphthoyl)indole 1012
or 1H-indol-3-yl-(1-naphthyl)methane, whether or not substituted 1013
in the indole ring to any extent, or in the naphthyl ring to any 1014
extent; 1015
(C) Naphthoylpyrroles, being any compound 1016
structurally derived from 3-(1-naphthoyl)pyrrole, whether or not 1017
substituted in the pyrrole ring to any extent, or in the naphthyl 1018
ring to any extent; 1019
(D) Naphthylmethylindenes, being any compound 1020
structurally derived from 1-(1-naphthylmethyl)indene, whether or 1021
not substituted in the indene ring to any extent or in the 1022
naphthyl ring to any extent; 1023
(E) Phenylacetylindoles, being any compound 1024
structurally derived from 3-phenylacetylindole, whether or not 1025
substituted in the indole ring to any extent or in the phenyl ring 1026
to any extent; 1027
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(F) Cyclohexylphenols, being any compound 1028
structurally derived from 2-(3-hydroxycyclohexyl)phenol, whether 1029
or not substituted in the cyclohexyl ring to any extent or in the 1030
phenolic ring to any extent; 1031
(G) Benzoylindoles, whether or not substituted in 1032
the indole ring to any extent or in the phenyl ring to any extent; 1033
(H) Adamantoylindoles, whether or not substituted 1034
in the indole ring to any extent or in the adamantoyl ring system 1035
to any extent; 1036
(I) Tetrahydro derivatives of cannabinol and 1037
3-alkyl homologues of cannabinol or of its tetrahydro derivatives, 1038
except where contained in cannabis or cannabis resin; 1039
(J) 3-Cyclopropylmethanone indole or 1040
3-Cyclobutylmethanone indole or 3-Cyclopentylmethanone indole by 1041
substitution at the nitrogen atom of the indole ring, whether or 1042
not further substituted in the indole ring to any extent, whether 1043
or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl 1044
rings to any extent; 1045
(K) Quinolinyl ester indoles, being any compound 1046
structurally derived from 1H-indole-3carboxylic acid-8-quinolinyl 1047
ester, whether or not substituted in the indole ring to any extent 1048
or the quinolone ring to any extent; 1049
(L) 3-carboxamide-1H-indazoles, whether or not 1050
substituted in the indazole ring to any extent and substituted to 1051
any degree on the carboxamide nitrogen and 1052
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3-carboxamide-1H-indoles, whether or not substituted in the indole 1053
ring to any extent and substituted to any degree on the 1054
carboxamide nitrogen; 1055
(M) Cycloalkanemethanone Indoles, whether or not 1056
substituted at the nitrogen atom on the indole ring, whether or 1057
not further substituted in the indole ring to any extent, whether 1058
or not substituted on the cycloalkane ring to any extent; 1059
(56) Naphthalen-1-yl 1060
1-(5-fluoropentyl)-1H-indole-3-carboxylate, also known as NM2201 1061
or CBL2201; 1062
(57) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H- 1063
pyrrolo[2,3-b]pyridine-3-carboxamide, also known as 1064
5F-CUMYL-P7AICA or SGT-25; 1065
(58) Methyl 1066
2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutano1067
ate, also known as 4F-MDMB-BINACA or 4F-MDMB-BUTINACA); 1068
(59) 1-(4-methoxyphenyl)-N-methylpropan-2-amine, also 1069
known as para-methoxymethamphetamine or PMMA; 1070
(60) Ethyl 2-(1-(5-fluoropentyl) 1071
-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, also known as 1072
5F-EDMB-PINACA; 1073
(61) Methyl 1074
2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoa1075
te, also known as 5F-MDMB-PICA or 5F-MDMB-2201; 1076
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(62) 1077
N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, 1078
also known as FUB-AKB48 or FUB-APINACA or AKB48 1079
N-(4-fluorobenzyl); 1080
(63) 1081
(1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)1082
methanone, also known as FUB-144; 1083
(64) N-ethylhexedrone, also known as 1084
α-ethylaminohexanophenone or 2-(ethylamino)-1-phenylhexan-1-one; 1085
(65) Alpha-pyrrolidinohexanophenone, also known as 1086
α-PHP or α-pyrrolidinohexanophenone or 1087
1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one); 1088
(66) 4-methyl-alpha-ethylaminopentiophenone, also known 1089
as 4-MEAP or 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one); 1090
(67) 4'-methyl-alpha-pyrrolidinohexiophenone, also 1091
known as MPHP or 4'-methyl-alpha-pyrrolidinohexanophenone or 1092
1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one); 1093
(68) Alpha-pyrrolidinoheptaphenone (also known as PV8; 1094
1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one); 1095
(69) 4'-chloro-alpha-pyrrolidinovalerophenone, also 1096
known as 4-chloro-α-PVP or 4'-chloro-α-pyrrolidinopentiophenone or 1097
1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one); 1098
(70) 1099
2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one, also known as 1100
methoxetamine or MXE; 1101
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(71) Zipeprol 1102
(1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylp1103
ropan-2-ol); 1104
(72) Eutylone 1105
(1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one); and 1106
(73) ADB–BUTINACA 1107
N-1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-butyl-1H-indazole-3-carb1108
oxamide. 1109
(e) Depressants. Unless specifically excepted or unless 1110
listed in another schedule, any material, compound, mixture, or 1111
preparation which contains any quantity of the following 1112
substances having a depressant effect on the central nervous 1113
system, including their salts, isomers, and salts of isomers, 1114
whenever the existence of such salts, isomers, and salts of 1115
isomers is possible within the specific chemical designation: 1116
(1) Clonazolam, 1117
6-(2-chlorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4]1118
benzodiazepine; 1119
(2) Flualprazolam, 1120
8-chloro-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,41121
]benzodiazepine; 1122
(3) Flubromazepam, 1123
7-bromo-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one; 1124
(4) Flubromazolam, 1125
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8-bromo-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]1126
benzodiazepin; 1127
(5) Gamma-hydroxybutyric acid (other names include: 1128
GHB, gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic 1129
acid; sodium oxybate; sodium oxybutyrate); 1130
(6) Mecloqualone; 1131
(7) Methaqualone. 1132
(f) Stimulants. Any material, compound, mixture or 1133
preparation which contains any quantity of the following central 1134
nervous system stimulants including optical salts, isomers and 1135
salts of isomers unless specifically excepted or unless listed in 1136
another schedule: 1137
(1) Aminorex; 1138
(2) Amineptine 1139
(7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic 1140
acid); 1141
(3) N-benzylpiperazine (also known as BZP and 1142
1-benzylpiperazine); 1143
(4) Cathinone; 1144
(5) 4,4'-Dimethylaminorex, also known as 4,4'-DMAR or 1145
4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 1146
4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine); 1147
(6) Fenethylline; 1148
(7) Mesocarb 1149
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(N-phenyl-N' -(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3- 1150
ium-5-yl)carbamimidate); 1151
(8) Methcathinone; 1152
(9) Methiopropamine 1153
(N-methyl-1-(thiophen-2-yl)propan-2-amine)); 1154
(10) 4-methylaminorex (also known as 1155
2-amino-4-methyl-5-phenyl-2-oxazoline); 1156
(11) N-ethylamphetamine; 1157
(12) Any material, compound, mixture or preparation 1158
which contains any quantity of N,N-dimethylamphetamine. (Other 1159
names include: N,N,-alpha-trimethyl-benzeneethanamine and 1160
N,N-alpha-trimethylphenethylamine); 1161
(13) Synthetic cathinones. (A) Unless listed in 1162
another schedule, any compound other than bupropion that is 1163
structurally derived from 2-Amino-1-phenyl-1-propanone by 1164
modification in any of the following ways: 1165
(i) By substitution in the phenyl ring to any 1166
extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide 1167
substituents, whether or not further substituted in the phenyl 1168
ring by one or more other univalent substituents; 1169
(ii) By substitution at the 3-position with 1170
an alkyl substituent; 1171
(iii) By substitution at the nitrogen atom 1172
with alkyl or dialkyl groups, or by inclusion of the nitrogen atom 1173
in a cyclic structure. 1174
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(B) The compounds covered in this paragraph (10) 1175
include, but are not limited to, any material, compound, mixture 1176
or preparation which contains any quantity of a synthetic 1177
cathinone found in any of the following compounds, whether or not 1178
substituted to any extent, or any of these compounds which contain 1179
any synthetic cathinone, or salts, isomers, or salts of isomers, 1180
whenever the existence of such salts, isomers or salts of isomers 1181
is possible, unless specifically excepted or listed in another 1182
schedule: 1183
(i) 4-methyl-N-ethylcathinone ("4-MEC"); 1184
(ii) 4-methyl-alpha-pyrrolidinopropiophenone 1185
("4-MePPP"); 1186
(iii) Alpha-pyrrolidinopentiophenone 1187
("α-PVP"); 1188
(iv) 1-(1,3-benzodioxol-5-yl)-2- 1189
(methylamino)butan-1-one ("butylone"); 1190
(v) 2-(methylamino)-1-phenylpentan-1-one 1191
("pentedrone"); 1192
(vi) 1-(1,3-benzodioxol-5-yl)-2- 1193
(methylamino)pentan-1-one ("pentylone"); 1194
(vii) 4-fluoro-N-methylcathinone ("4-FMC"); 1195
(viii) 3-fluoro-N-methylcathinone ("3-FMC"); 1196
(ix) 1-(naphthalen-2-yl)-2- (pyrrolidin-1-yl) 1197
pentan-1-one ("naphyrone"); 1198
(x) Alpha-pyrrolidinobutiophenone ("α-PBP"); 1199
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(xi) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino) 1200
-pentan-1-one (N-ethylpentylone, ephylone); 1201
(14) a-PiHP 1202
4-methyl-1-phenyl-2-pyrrolidin-1-yl)pentan-1-one, also known as 1203
alpha-PiHP; and 1204
(15) 3–MMC 1205
2-methylamino)-1-3-methylphenyl)propan-1-one, also known as 1206
3-methylmethcathinone. 1207
SECTION 15. Section 41-29-136, Mississippi Code of 1972, is 1208
brought forward as follows: 1209
41-29-136. (1) "CBD solution" means a pharmaceutical 1210
preparation consisting of processed cannabis plant extract in oil 1211
or other suitable vehicle. 1212
(2) (a) CBD solution prepared from (i) cannabis plant 1213
extract that is provided by the National Center for Natural 1214
Products Research at the University of Mississippi under 1215
appropriate federal and state regulatory approvals, or (ii) 1216
cannabis extract from hemp produced pursuant to Sections 69-25-201 1217
through 69-25-221, which is prepared and tested to meet compliance 1218
with regulatory specifications, may be dispensed by the Department 1219
of Pharmacy Services at the University of Mississippi Medical 1220
Center (UMMC Pharmacy) after mixing the extract with a suitable 1221
vehicle. The CBD solution may be prepared by the UMMC Pharmacy or 1222
by another pharmacy or laboratory in the state under appropriate 1223
federal and state regulatory approvals and registrations. 1224
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(b) The patient or the patient's parent, guardian or 1225
custodian must execute a hold-harmless agreement that releases 1226
from liability the state and any division, agency, institution or 1227
employee thereof involved in the research, cultivation, 1228
processing, formulating, dispensing, prescribing or administration 1229
of CBD solution obtained from entities authorized under this 1230
section to produce or possess cannabidiol for research under 1231
appropriate federal and state regulatory approvals and 1232
registrations. 1233
(c) The National Center for Natural Products Research 1234
at the University of Mississippi and the Mississippi Agricultural 1235
and Forestry Experiment Station at Mississippi State University 1236
are the only entities authorized to produce cannabis plants for 1237
cannabidiol research. 1238
(d) Research of CBD solution under this section must 1239
comply with the provisions of Section 41-29-125 regarding lawful 1240
possession of controlled substances, of Section 41-29-137 1241
regarding record-keeping requirements relative to the dispensing, 1242
use or administration of controlled substances, and of Section 1243
41-29-133 regarding inventory requirements, insofar as they are 1244
applicable. Authorized entities may enter into public-private 1245
partnerships to facilitate research. 1246
(3) (a) In a prosecution for the unlawful possession of 1247
marijuana under the laws of this state, it is an affirmative and 1248
complete defense to prosecution that: 1249
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(i) The defendant suffered from a debilitating 1250
epileptic condition or related illness and the use or possession 1251
of CBD solution was pursuant to the order of a physician as 1252
authorized under this section; or 1253
(ii) The defendant is the parent, guardian or 1254
custodian of an individual who suffered from a debilitating 1255
epileptic condition or related illness and the use or possession 1256
of CBD solution was pursuant to the order of a physician as 1257
authorized under this section. 1258
(b) An agency of this state or a political subdivision 1259
thereof, including any law enforcement agency, may not initiate 1260
proceedings to remove a child from the home based solely upon the 1261
possession or use of CBD solution by the child or parent, guardian 1262
or custodian of the child as authorized under this section. 1263
(c) An employee of the state or any division, agency, 1264
institution thereof involved in the research, cultivation, 1265
processing, formulation, dispensing, prescribing or administration 1266
of CBD solution shall not be subject to prosecution for unlawful 1267
possession, use, distribution or prescription of marijuana under 1268
the laws of this state for activities arising from or related to 1269
the use of CBD solution in the treatment of individuals diagnosed 1270
with a debilitating epileptic condition. 1271
(4) This section does not apply to any of the actions that 1272
are lawful under the Mississippi Medical Cannabis Act and in 1273
compliance with rules and regulations adopted thereunder. 1274
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(5) This section shall be known as "Harper Grace's Law." 1275
(6) This section shall stand repealed from and after July 1, 1276
2027. 1277
SECTION 16. Section 69-25-51, Mississippi Code of 1972, is 1278
brought forward as follows: 1279
69-25-51. (1) When any administrative allegation or charge 1280
is made against a person for violating the rules and regulations 1281
of the Bureau of Plant Industry of the Mississippi Department of 1282
Agriculture and Commerce or the laws under Sections 69-3-1 through 1283
69-3-29, Sections 69-19-1 through 69-19-15, Sections 69-21-101 1284
through 69-21-128, Sections 69-23-1 through 69-23-135, Sections 1285
69-25-1 through 69-25-47, Sections 69-25-101 through 69-25-109, or 1286
Sections 69-25-201 through 69-25-221, the Director of the Bureau 1287
of Plant Industry, or his designee, shall act as the reviewing 1288
officer. The complaint must be in writing, signed by the person 1289
making the charge, and filed in the Office of the Bureau of Plant 1290
Industry. The department shall send a copy of the complaint and 1291
any supporting documents to the person accused along with a 1292
summons requiring the accused to respond to the allegations within 1293
thirty (30) days. The notification shall be accomplished by any 1294
of the methods provided for in Rule 4 of the Mississippi Rules of 1295
Civil Procedure or by certified mail. If the accused does not 1296
respond within the thirty-day period, he shall be considered to be 1297
in default. Upon receipt of the response and any supporting 1298
documents from the accused, the reviewing officer shall determine 1299
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the merits of the complaint. The reviewing officer may meet 1300
informally with the accused and discuss the alleged violation with 1301
him. 1302
(2) If the reviewing officer determines that the complaint 1303
lacks merit, he may dismiss the complaint. 1304
(3) If the reviewing officer determines that there is 1305
substantial evidence that a violation has occurred or if the 1306
accused admits to the truth of the allegations upon which the 1307
complaint is based, the reviewing officer may impose an 1308
appropriate penalty on the accused, which may be any or all of the 1309
following: 1310
(a) Issue a warning letter. 1311
(b) Suspend, modify, deny, cancel or revoke any license 1312
or permit granted by the department to the accused. 1313
(c) Issue a stop sale order with regard to any 1314
pesticide, plant or other material regulated by the department 1315
that is mislabeled or otherwise not in compliance with applicable 1316
law or regulations. 1317
(d) Require the accused to relabel any pesticide, plant 1318
or other material regulated by the department that is mislabeled. 1319
(e) Seize any pesticide, plant or other material 1320
regulated by the department and sell, destroy or otherwise dispose 1321
of the material and apply the proceeds of the sale to the state's 1322
expenses and any fees or penalties levied under this article. 1323
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ST: Mississippi Hemp Cultivation Act; bring
forward code sections related thereto.
(f) Refuse to register, cancel or suspend the 1324
registration of a pesticide, plant or other material that is not 1325
in compliance with any applicable law or regulation. 1326
(g) Levy a civil penalty in an amount not to exceed 1327
Five Thousand Dollars ($5,000.00) for each violation. 1328
In determining the amount of the penalty, the reviewing 1329
officer shall consider the appropriateness of the penalty for the 1330
particular violation, the effect of the penalty on the person's 1331
ability to continue in business and the gravity of the violation. 1332
(4) If the accused requests a hearing with the department, 1333
in writing, within thirty (30) days from receipt of the decision 1334
of the reviewing officer, the commissioner shall appoint three (3) 1335
members of the advisory board to the Bureau of Plant Industry to 1336
act as a hearing committee and a hearing shall be scheduled. If 1337
the accused fails to request a hearing within the thirty-day 1338
period, the decision of the reviewing officer is final. 1339
SECTION 17. This act shall take effect and be in force from 1340
and after July 1, 2026. 1341