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March 23, 2026

Is CBD Legal in Mississippi? Complete 2026 Legal Guide

CBD Legal Status in Mississippi:

Yes, CBD is legal in Mississippi. Hemp-derived CBD products containing no more than 0.3% Delta-9 THC are legal under the 2018 Farm Bill and Mississippi’s hemp laws. You must be 21 or older to purchase, and all products must carry a valid Certificate of Analysis from a DEA-certified lab.

If you have been wondering, is CBD legal in Mississippi in 2026? The short answer is yes — hemp-derived CBD products that contain no more than 0.3% Delta-9 THC are federally legal under the 2018 Farm Bill, and Mississippi has its own framework governing their sale and use. However, the legal landscape in the Magnolia State has shifted significantly over the past two years, with new legislation, a high-profile Attorney General opinion, and ongoing enforcement actions making it more important than ever to understand exactly where things stand before you buy or sell CBD. This guide covers everything you need to know, from the foundational laws to the very latest 2025-2026 developments, so that you can navigate Mississippi CBD laws with complete confidence.

Table of contents:

Key Takeaways

  • Hemp-derived CBD is legal in Mississippi, provided it contains no more than 0.3% Delta-9 THC and complies with state product standards under the 2018 Farm Bill and Mississippi’s hemp laws.
  • HB 1676 (effective July 1, 2024) raised the minimum purchase age for CBD to 21, tightened the THC limit to 0.3%, capped consumable hemp products at 0.5 mg THC per serving, and made a COA from a DEA-certified lab mandatory for all CBD products sold in the state.
  • The June 2025 AG Opinion from Attorney General Lynn Fitch declared that consumable hemp products not approved by the FDA or sold outside licensed medical cannabis dispensaries may be prohibited under Mississippi’s Uniform Controlled Substances Law. This is not a statute but has triggered active enforcement in several counties.
  • Topical CBD products (creams, balms, salves) carry the lowest legal risk under the current enforcement environment because they are not considered ingestible products under the AG’s opinion.
  • Delta-8 THC and other intoxicating hemp products are restricted to licensed medical cannabis dispensaries and are not legally available over the counter in Mississippi.
  • Mississippi remains an illegal state when it comes to recreational marijuana. The Mississippi Medical Cannabis Act (SB 2095) restricts patients from obtaining medical cannabis from dispensaries.
  • A major federal change is coming in November 2026. The FY2024 federal appropriations law defines hemp as having a “total THC” standard that includes THCA, limiting finished hemp products to no more than 0.4 mg of total THC per container. This is already enacted law.

The Federal Foundation: The 2018 Farm Bill and What It Means for Mississippi

Understanding Mississippi CBD laws starts at the federal level. Hemp was removed from the federal controlled substances list in 2018 and defined as Cannabis sativa L. with less than 0.3% Delta-9 THC. Under this law:

  • Hemp-derived products, including CBD oil, tinctures, topicals, and edibles, are federally legal when they meet the 0.3% Delta-9 THC threshold.
  • States were given the authority to create their own hemp programs and add additional regulations beyond the federal baseline.
  • The cultivation of hemp is regulated by the United States Department of Agriculture (USDA) through its Domestic Hemp Production Program.

Mississippi operates within this federal framework, but has layered on its own set of rules that every buyer and seller should know about.

Upcoming Federal Change (November 2026): A provision in the FY2024 federal appropriations law (Section 781) will take effect on November 12, 2026. It redefines hemp to use a “total THC” standard that explicitly includes THCA when calculating whether a product qualifies as legal hemp. A hemp product intended for ingestion, inhalation, or topical application cannot contain more than 0.4 milligrams of total THC per container. This is already enacted law with an implementation deadline later this year.

Mississippi CBD Laws: A Timeline of Key Legislation

A number of legislative milestones have been achieved in Mississippi’s approach to cannabis and CBD.

Here is a clear timeline of the state-level laws that define the current legal environment.

2014: Harper Grace’s Law (House Bill 1231)

Mississippi’s first step toward CBD access came in 2014 when Governor Phil Bryant signed House Bill 1231, known as Harper Grace’s Law, named after a young girl who had a severe form of epilepsy. This law provided an affirmative defense for patients with intractable epilepsy and their caregivers who possessed CBD oil or resin meeting specific composition requirements. Under this law, qualifying CBD products had to contain at least 15% CBD (or, if in liquid form, at least 50 milligrams of CBD per milliliter) and no more than 0.5% THC. UMMC operated the program through the National Center for Natural Products Research (NCNPR), and it was extremely limited in scope.

2018: Federal Farm Bill Opens the Door

The federal 2018 Farm Bill dramatically expanded the legal landscape for hemp-derived CBD across all 50 states, including Mississippi. For the first time, hemp was clearly distinguished from marijuana at the federal level, and hemp-derived CBD products meeting the 0.3% Delta-9 THC standard became federally legal. This set the stage for Mississippi to develop its own hemp program.

2020: Mississippi Hemp Cultivation Act (Senate Bill 2725)

Governor Tate Reeves signed the Mississippi Hemp Cultivation Act (SB 2725) into law on June 29, 2020.

These are some of the key provisions of this law:

  • Licensed the purchase, use, and sale of hemp-derived CBD products in Mississippi.
  • According to the 2018 Farm Bill, legal hemp must contain less than 0.3% Delta-9 THC on a dry-weight basis.
  • Tasked the Mississippi Department of Agriculture and Commerce (MDAC) with regulating the state hemp program.
  • Did not specify possession quantity limits or impose age restrictions for CBD at that time.

It is worth noting that although SB 2725 authorized a state hemp cultivation program, the Mississippi Legislature did not appropriate funding to fully implement it. Consequently, prospective hemp growers in Mississippi were directed to obtain licenses through the USDA’s Domestic Hemp Production Program instead.

2022: Mississippi Medical Cannabis Act (Senate Bill 2095)

After Mississippi voters approved Initiative 65 in November 2020 to legalize medical marijuana for 22 qualifying conditions, the Mississippi Supreme Court overturned the initiative in May 2021 on procedural grounds. Senate Bill 2095, the Mississippi Medical Cannabis Act (MMCA), was passed by the Legislature and signed by Governor Reeves on February 2, 2022. 

In accordance with this law:

  • The Mississippi Medical Cannabis Program (MMCP) is regulated by the Mississippi Department of Health (MDOH).
  • Allowed qualified patients to purchase medical cannabis products from licensed dispensaries.
  • There is a limit of 3.5 grams of flower, 1 gram of concentrate, or 100 milligrams of THC per infused product per day.
  • Specifically excluded non-intoxicating hemp-derived CBD from the MMCA’s regulatory scope.
  • Medical cannabis sales through licensed dispensaries began in January 2023.

2024: Mississippi Intoxicating Hemp Regulation Act (HB 1676 — Effective July 1, 2024)

House Bill 1676 represented a major regulatory update for the hemp market in Mississippi. Originally titled an amendment to the Mississippi Hemp Cultivation Act, the law was renamed the Mississippi Intoxicating Hemp Regulation Act and introduced critical new rules:

  • Reduced the permissible THC concentration threshold from 0.5% to 0.3% on a dry-weight basis for hemp cultivation.
  • Defined key terms: “consumable hemp product,” “intoxicating hemp product,” and “total THC.”
  • Authorized the sale of consumable hemp products containing no more than 0.5 mg of total THC per serving and no more than 2.5 mg per package, provided the CBD-to-THC ratio is at least 20:1.
  • Dispensaries licensed under the Mississippi Medical Cannabis Act are permitted to sell intoxicating hemp products.
  • Hemp products containing artificial cannabinoids are prohibited from being manufactured, produced, or sold.
  • For consumable hemp products, the minimum purchase age has been raised to 21 years old.
  • Agricultural and Commerce Department licensing is required for retailers, wholesalers, manufacturers, and processors.
  • Required a Certificate of Analysis (COA) from a DEA-certified, ISO 17025-accredited testing lab for all CBD-containing products.
  • The label had to be approved by the Department of Health.
  • A 3% excise tax was imposed on consumable hemp productsA 3% excise tax was imposed on consumable hemp products.

In plain terms, HB 1676 created a clear two-tier system: non-intoxicating hemp CBD products meeting the 20:1 CBD-to-THC ratio and the 0.5 mg/serving THC cap can still be sold in regular retail stores; intoxicating hemp products (such as high-THC Delta-8 or Delta-9 items) are restricted to licensed medical cannabis dispensaries.

The 2025 Attorney General Opinion: What It Means for CBD in Mississippi

The most significant and still-evolving development in Mississippi CBD law came in 2025. After the Legislature failed to pass additional hemp regulation bills during the 2025 session, Mississippi Attorney General Lynn Fitch issued a formal legal opinion on June 11, 2025 (in response to a request from State Representative Lee Yancey).

What the AG Opinion Says

According to the AG’s opinion, under Mississippi’s Uniform Controlled Substances Law (MSCSL), the sale of any hemp-derived product for human consumption not approved by the U.S. Food and Drug Administration (FDA) is illegal. 

Only a few exceptions apply, which are:

  • Licensed dispensaries sell medical cannabis products under the Mississippi Medical Cannabis Act.
  • Products that have received FDA approval for human ingestion or consumption.

The opinion pointed out that although the Mississippi Hemp Cultivation Act (SB 2725) exempts legally defined “hemp” from the MSCSL, the hemp program was never fully funded or implemented by the Legislature, potentially undermining that exemption.

Industry Response and Enforcement Reality

The AG’s opinion is a legal opinion, not a statute passed by the Legislature. It does not carry the force of law in the same way an enacted bill does. 

However, it has triggered real-world enforcement actions:

  • Sheriffs in Jackson County, Harrison County, Lafayette County, and other jurisdictions sent letters or issued warnings to businesses selling consumable hemp products, giving them 48 hours to remove those products or face potential criminal charges.
  • Law enforcement officials in several counties began treating non-FDA-approved hemp products as potential Schedule I controlled substances.
  • Industry representatives pushed back, arguing that no law actually changed and that the opinion overreaches.

The practical effect is a patchwork enforcement environment. Some counties are actively enforcing the AG’s interpretation, while others are not. Businesses and consumers face genuine legal uncertainty, particularly for edibles, oils, tinctures, and other ingestible CBD products.

What This Means for Non-Intoxicating CBD

The AG’s opinion is broadly worded and technically covers all consumable hemp products not approved by the FDA, including non-intoxicating CBD oils and tinctures. However, the hemp industry and many legal analysts argue that the opinion overreaches. As of early 2026, the Legislature has not passed a law codifying the AG’s position, and the dispute remains unresolved. Consumers and businesses should monitor developments closely.

The 2026 Legislative Landscape: What Is Happening Right Now

As of early 2026, Mississippi lawmakers are once again taking up hemp regulation.

Several key developments are shaping the landscape:

  • HB 1152 (“Right to Try Medical Cannabis Act”) passed the Mississippi House 104-7 and awaits Senate action. This bill may expand patient access within the medical cannabis program.
  • The 2026 legislative session includes multiple medical cannabis bills as lawmakers continue to respond to public pressure for clearer, fairer regulation.
  • Trade groups, hemp retailers, and advocacy organizations are actively lobbying for a clear statutory framework that distinguishes between non-intoxicating CBD and intoxicating hemp products.
  • The federal total-THC rule taking effect in November 2026 will add a new compliance layer for the entire industry nationwide, including in Mississippi.

Mississippi’s CBD and hemp market remains in a state of regulatory flux. Non-intoxicating hemp-derived CBD products with proper documentation and COAs remain available for sale in many retail locations, but the AG’s opinion has introduced uncertainty for ingestible products in particular. A comprehensive legislative solution is expected to be debated in the current session.

What Is CBD? A Plain-Language Explainer

Over 100 naturally occurring cannabinoids are found in the Cannabis sativa plant. THC (tetrahydrocannabinol) is psychoactive, but CBD doesn’t produce that effect.

Hemp-Derived vs. Marijuana-Derived CBD

The critical legal distinction in Mississippi (and at the federal level) is where the CBD comes from:

FactorHemp-Derived CBDMarijuana-Derived CBD
THC ContentNo more than 0.3% Delta-9 THCMay contain higher THC levels
Federal Legal StatusLegal under the 2018 Farm BillFederally classified as Schedule I
Mississippi Legal StatusLegal for qualifying products (subject to HB 1676 and AG opinion)Only through licensed MMCP dispensaries with a medical card
Where to BuyLicensed CBD retailers, online storesLicensed medical cannabis dispensaries only
Intoxicating?No (when non-intoxicating hemp, standard CBD)Depends on THC level

Types of CBD Products Available

Hemp-derived CBD comes in several product formats, each with its own legal considerations in Mississippi:

  • CBD Oils and Tinctures: A liquid extract that is taken sublingually. Subject to the AG opinion’s scope regarding ingestible products.
  • CBD Topicals: Creams, balms, and lotions that are applied to the skin. These do not fall under the ingestible product category targeted by the AG opinion and are generally considered lower risk under current enforcement.
  • CBD Capsules and Softgels: Ingestible products subject to the same legal considerations as oils.
  • CBD Edibles: CBD Gummies and similar food products. These fall squarely within the AG opinion’s scope for ingestible products.
  • CBD Isolate: CBD that has had all other cannabinoids removed.
  • Broad-Spectrum CBD: Contains multiple cannabinoids, but not THC.
  • Full-Spectrum CBD: Contains all cannabinoids, including trace amounts of THC (up to 0.3%).

How to Buy CBD Legally in Mississippi: A Practical Guide for 2026

What to Look for When Buying CBD in Mississippi

Given the evolving legal landscape, here is what to check before purchasing any CBD product in Mississippi:

  1. Third-Party Certificate of Analysis (COA): Under HB 1676, all CBD products sold in Mississippi must have a COA from a DEA-certified, ISO 17025-accredited laboratory. COAs should confirm that Delta-9 THC content is at or below 0.3%, verify CBD potency, and screen for pesticides, heavy metals, and residual solvents.
  2. Legal THC Levels: For consumable hemp products, ensure the product meets the 0.5 mg per serving / 2.5 mg per package total THC limit and the 20:1 CBD-to-THC ratio required under Mississippi law.
  3. No Artificially Derived Cannabinoids: HB 1676 prohibits products containing artificial cannabinoids (such as Delta-8 THC made through chemical conversion). Make sure you are purchasing naturally derived hemp products.
  4. Licensed Retailer: Purchase from retailers that comply with state licensing requirements and display proper documentation.
  5. Age Requirement: At least 21 years of age is required to purchase consumable hemp products in Mississippi.
  6. Product Type Awareness: Non-ingestible products, such as topical CBD creams and balms, carry significantly less legal risk than ingestible products under the current enforcement environment.

Where Can You Buy CBD in Mississippi?

Hemp-derived CBD products are available through several retail channels in Mississippi:

  • Dedicated CBD and hemp retail stores
  • Natural product stores and hemp specialty shops
  • Select pharmacies and health food stores.
  • Online retailers that ship compliant hemp-derived products federally

Note: As a result of the 2025 AG opinion and subsequent enforcement actions, some businesses have reduced or changed their ingestible CBD product offerings. Always verify that the retailer is operating in compliance with current state guidance.

Buying CBD Online and Shipping to Mississippi

Under federal law, compliant hemp-derived CBD products can be purchased online and shipped to Mississippi. When ordering online:

  • Confirm the retailer provides up-to-date COAs for all products.
  • Verify that all products use naturally derived cannabinoids, not chemically converted ones.
  • Ensure the product meets Mississippi’s THC content standards.
  • Understand that while federal law permits the shipment of compliant hemp products, the current enforcement environment in Mississippi means there is some risk for ingestible products without FDA approval.

Traveling With CBD in and Through Mississippi

Traveling with CBD in Mississippi requires care and preparation. Here is what you need to know:

Within Mississippi

  • Keep CBD products in their original packaging with the labels intact.
  • Carry the COA for any CBD product you have with you.
  • Be aware that local law enforcement interpretations of what is “legal” CBD may vary, particularly for ingestible products, given the AG opinion.
  • Non-ingestible topical products carry a lower legal risk during travel within the state.

Interstate Travel

  • CBD-derived products derived from hemp that comply with federal law can be transported across state lines.
  • Make sure you check the laws of any state you are traveling through or to, as state laws can vary significantly.
  • At airports, the TSA follows federal law but may refer suspected marijuana products to local law enforcement. Carry documentation confirming your CBD products are hemp-derived and THC-compliant.
  • Medical marijuana patients should be aware that Mississippi medical cannabis cards are generally not recognized in other states, though some states offer nonresident patient programs.

Medical Marijuana and CBD in Mississippi: The Licensed Program

Mississippi Medical Cannabis Program (MMCP) offers legal access to cannabis products, including those with higher THC levels, for those with qualifying medical conditions through licensed dispensaries.

How the MMCP Works

The Mississippi Department of Health administers MMCPs. Key facts about the program as of 2026:

  • Over 52,000 patients have enrolled in the program since sales began in January 2023.
  • Qualifying conditions include cancer, HIV/AIDS, epilepsy, Parkinson’s disease, ALS, neurodegenerative diseases, chronic pain, and other debilitating conditions. A licensed physician must certify the patient. Note: This list applies exclusively to the state’s licensed medical cannabis program and has no bearing on hemp-derived CBD products.
  • Patients can purchase up to 3.5 grams of flower, 1 gram of concentrate, or 100 milligrams of THC per infused product per day.
  • It is mandatory for patients to carry their registry identification card at all times when in possession of medical cannabis.
  • Nonresident patients from other states with qualifying conditions can apply for a nonresident ID card, valid for 15 days and renewable.
  • Public use of medical cannabis is prohibited.
  • The MMCP does NOT cover non-intoxicating hemp-derived CBD. CBD from hemp is governed by a separate legal framework.

How to Get a Mississippi Medical Cannabis Card

  1. Obtain a certification from a licensed Mississippi physician confirming you have a qualifying debilitating condition.
  2. Please submit your application to the Mississippi Department of Health through its official patient registry.
  3. You must pay the registration fee.
  4. Your registry identification card will be mailed to you once you are approved.
  5. Use your card at any licensed medical cannabis dispensary to purchase products.

Penalties for Illegal Cannabis Possession in Mississippi

Understanding what is and is not legal is important to avoid penalties. Here is an overview of relevant penalties:

OffensePenaltyClassification
Possession of up to 30 grams (first offense)Fine of $100 to $250 — no jail timeCivil offense (decriminalized)
Possession of marijuana paraphernaliaUp to 6 months in jail and/or up to $500 fineMisdemeanor
Possession of larger amounts of marijuana (recreational)Varies by amount — can include significant fines and jail timeMisdemeanor to Felony
Sale/distribution of marijuana outside MMCPSignificant fines and imprisonmentFelony
Selling non-compliant hemp products (HB 1676 violation)Fines up to $5,000 and/or up to 1 year imprisonmentMisdemeanor to Felony

The Bottom Line on CBD Legality in Mississippi

So, is CBD legal in Mississippi? The answer remains yes for compliant hemp-derived CBD products, but with important caveats that are unique to Mississippi in 2026. The state has moved through a significant legal evolution over the past several years, and the landscape is still actively shifting.

  • Non-ingestible hemp-derived CBD topicals (creams, balms, salves) carry the lowest legal risk and are generally available without issue.
  • Ingestible hemp-derived CBD products (oils, tinctures, gummies) are in a legal gray zone due to the 2025 AG opinion, though they continue to be sold by many retailers across the state.
  • All CBD products you purchase should have a current COA from a DEA-certified, ISO 17025-accredited lab confirming THC levels and screening for pesticides, heavy metals, and residual solvents.
  • Any consumable hemp product must be purchased by someone who is at least 21 years old in Mississippi.
  • Stay informed — the 2026 legislative session and the federal November 2026 total-THC rule change are both likely to further reshape Mississippi’s CBD laws.

For the most current and accurate guidance on your specific situation, always consult a qualified Mississippi attorney familiar with hemp and cannabis law.

Frequently Asked Questions About CBD Laws in Mississippi

Is CBD Oil Legal in Mississippi in 2026?

Yes, Hemp-derived CBD oil with no more than 0.3% Delta-9 THC is federally legal and has been sold in Mississippi under the Mississippi Hemp Cultivation Act (SB 2725). However, the June 2025 opinion from Attorney General Lynn Fitch raised questions about the legality of consumable hemp products not approved by the FDA, creating enforcement uncertainty, particularly for ingestible products. Non-ingestible topical CBD products face less legal risk. The Legislature is expected to address these issues in the 2026 session.

What Is the Legal Age to Buy CBD in Mississippi?

Under HB 1676 (the Mississippi Intoxicating Hemp Regulation Act, effective July 1, 2024), the minimum age to purchase consumable hemp products, including CBD, is 21 years old. Previously, the minimum age was 18. Always bring a valid photo ID when purchasing CBD products.

Can I Use CBD in Public in Mississippi?

The use of non-intoxicating topical CBD products is not specifically prohibited in public. The use of medical cannabis in public places, however, is prohibited under the Mississippi Medical Cannabis Act. For ingestible CBD products, given the current enforcement environment, exercising caution in public settings is advisable.

Is Delta-8 THC Legal in Mississippi?

No, the sale of Delta-8 THC and other intoxicating hemp products is heavily restricted in Mississippi. Under HB 1676, intoxicating hemp products may only be sold through licensed medical cannabis dispensaries. In the 2025 AG opinion, artificially derived cannabinoids like Delta-8 THC were further restricted from being sold in retail settings. The practical answer for 2026 is that Delta-8 THC products are not legally available for over-the-counter purchase in Mississippi.

Does Mississippi Recognize Out-of-State CBD Purchases?

Yes, Hemp-derived CBD products purchased legally in another state and transported into Mississippi may be subject to Mississippi’s own regulations once they cross the state line. Compliant hemp-derived CBD (under 0.3% Delta-9 THC, naturally derived, with COA documentation) is federally legal to transport across state lines, but local enforcement interpretations may vary within Mississippi.

Will Mississippi Legalize Recreational Marijuana?

No, as of early 2026, recreational cannabis remains illegal in Mississippi. While there is growing public support nationally for marijuana legalization, Mississippi’s Legislature has not advanced recreational legalization bills. While the state’s medical cannabis program continues to expand, recreational use remains off limits for the foreseeable future.

Where Can I Find Legitimate Third-party Tested CBD Products?

Yes, Reputable CBD brands provide current Certificates of Analysis from accredited, DEA-certified laboratories. You should look for a certificate of analysis that tests for cannabinoid potency, pesticides, heavy metals, and residual solvents. ATLRx provides third-party tested hemp-derived products to help ensure you are getting what is on the label.

Is Marijuana-derived CBD Legal?

Marijuana-derived CBD is only accessible through the licensed Mississippi Medical Cannabis Program, and only to patients who hold a valid medical cannabis card.

What Is the Minimum Purchase Age for CBD?

You must be 21 years old or older to purchase any consumable hemp product in Mississippi, a requirement that took effect on July 1, 2024, under HB 1676.

Can I Buy CBD Online and Ship It to Mississippi?

Yes, compliant hemp-derived CBD products can be purchased online and shipped to Mississippi under federal law, provided the products meet the 0.3% Delta-9 THC threshold and use naturally derived cannabinoids.

Are Intoxicating Hemp Products like Delta-8 Legal?

Intoxicating hemp products, including Delta-8 THC, are heavily restricted in Mississippi. Under HB 1676 and the 2025 AG opinion, these products are subject to ongoing enforcement and are not legally available over the counter.

Is Recreational Marijuana Legal in Mississippi?

No. Recreational cannabis remains illegal in Mississippi as of 2026. Only registered medical cannabis patients may legally purchase cannabis products through licensed dispensaries.

Is Medical Marijuana Legal in Mississippi?

Yes. Mississippi Medical Cannabis Act (SB 2095) legalized medical marijuana in February 2022. Qualified patients may access cannabis products through licensed dispensaries after receiving a physician certification.

Does the 2025 AG Opinion Affect Plain CBD?

The industry disputes this. While the AG’s opinion is broadly worded and technically covers all consumable hemp products not approved by the FDA, no new statute has been passed to codify it. Non-intoxicating CBD products continue to be sold in many retail locations, but legal clarity remains pending.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. ATLRx hemp products are not medicines and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult with a qualified attorney or legal professional for advice specific to your situation.

Jen Hight

Cannabis Industry Expert & Compliance Specialist Jen Hight is a cannabis industry professional with extensive experience in hemp compliance, product development, and consumer education. With a background in regulatory affairs and a passion for helping consumers navigate the complex world of cannabinoids, Jen provides accurate, up-to-date information on hemp legality and best practices. Her work focuses on making cannabis knowledge accessible while ensuring readers understand both the opportunities and responsibilities that come with legal hemp products.
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