Mississippi 2026 Regular Session

Mississippi Senate Bill SB2540

Introduced
1/19/26  
Refer
1/19/26  

Caption

AN ACT TO BRING FORWARD SECTIONS 29-25-201 THROUGH 69-25-223, MISSISSIPPI CODE OF 1972, WHICH ARE THE PROVISIONS THAT CONSTITUTE THE MISSISSIPPI HEMP CULTIVATION ACT, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 41-29-105, 41-29-113, 41-29-136 AND 69-25-51, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS RELATED TO THE MISSISSIPPI HEMP CULTIVATION ACT, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

Summary

SB 2540 is a “bring forward” bill that reprints the Mississippi Hemp Cultivation Act and related code sections for possible amendment, without itself making substantive changes to the text shown. The bill preserves the state’s existing framework for hemp cultivation and processing, under which hemp is defined as Cannabis sativa L. and its derivatives with no more than 0.3% delta-9 THC on a dry-weight basis, and hemp cultivation and processing are regulated exclusively at the state level by the Mississippi Department of Agriculture and Commerce. It also keeps in place the licensing, registration, recordkeeping, inspection, transport documentation, background check, and surety bond requirements for hemp growers and processors. The bill continues Mississippi’s enforcement structure for hemp operations. It authorizes the department and commissioner to inspect hemp sites, issue emergency orders, revoke or refuse licenses, and impose civil penalties for regulatory violations. It also preserves the distinction between negligent violations, which are handled through corrective action plans and do not trigger criminal enforcement, and non-negligent violations, which must be reported to state and federal authorities and may lead to seizure, destruction of crops, and criminal prosecution. The bill also maintains the rule that hemp is excluded from the state’s marijuana definition and from Schedule I controlled-substance treatment in the cited sections, while keeping exemptions for certain hemp and CBD-related research and FDA-approved products. In practical terms, the bill affects hemp growers, processors, transporters, and the Department of Agriculture and Commerce by leaving the current regulatory regime intact and reaffirming state preemption over local hemp rules. It also preserves the special fund used to administer the state hemp plan and the exemption for Mississippi State University research programs. Because the measure is a bring-forward bill, its main legal effect is to carry forward existing statutes so they remain available for amendment in the 2026 session rather than to alter hemp policy on its own. The overall sentiment reflected by the bill text is neutral and administrative rather than controversial, since there are no committee transcripts or recorded votes indicating debate, support, or opposition. The structure suggests a routine legislative housekeeping measure intended to preserve and position the hemp statutes for possible revision. Any policy contention would likely center on the underlying hemp regulatory scheme itself—especially state preemption over local governments, THC thresholds, criminal penalties for higher-THC crops, and the scope of enforcement authority—but those disputes are not documented in the available materials.

Impact

SB 2540 carries forward the Mississippi Hemp Cultivation Act and related controlled-substance provisions, leaving the existing statutory framework in place for hemp licensing, registration, inspection, transport, enforcement, penalties, and research exemptions. It preserves state preemption over local hemp regulation, keeps hemp excluded from marijuana and certain Schedule I treatment, and maintains the Department of Agriculture and Commerce’s authority to administer the state hemp plan and related fees and funds. Because the bill is a bring-forward measure, it does not itself amend the cited statutes but keeps them active for possible amendment in the 2026 session.

Sentiment

The available record shows no committee discussion or votes, so there is no documented partisan or stakeholder debate to gauge. Based on the text alone, the bill appears to be a routine, noncontroversial housekeeping measure that preserves an existing regulatory program rather than changing policy. The tone is administrative and technical, with no evident attempt to expand or restrict hemp access beyond the current law.

Contention

No specific points of contention are documented in the available transcripts or voting history. If the underlying hemp law were debated, likely flashpoints would include state preemption of local ordinances, the 0.3% THC definition of hemp, criminal penalties for higher-THC cultivation, background checks and bonding requirements for processors, and the breadth of inspection and enforcement powers granted to the Department of Agriculture and Commerce and the Bureau of Narcotics. However, those issues are not shown as disputed in the materials provided.

Companion Bills

No companion bills found.

Previously Filed As

MS SB2593

Mississippi Charter Schools Act of 2013; bring forward.

MS SB2706

Mississippi Hemp Cultivation Act; rename, revise and create new provisions related to.

MS SB2288

Mississippi Prison Industries Act of 1990; bring forward.

MS HB897

Dual enrollment; bring forward provisions relating to for possible amendment.

MS HB1622

Mississippi Virtual Public School Program; bring forward.

MS HB1482

Commercial Driver's License; bring forward certain sections for possible amendments.

MS SB2220

Mississippians' Right to Name, Likeness and Voice Act; enact.

MS HB1147

Medicaid; bring forward eligibility, services and managed care provisions for possible amendment.

MS SB2367

Certificates of public convenience and necessity; bring forward certain sections for possible amendment.

MS HB217

Helping Mississippians Afford Broadband Act; create.

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