Hospitality & Retail - 2019 -


1. What is your state’s law on the use of CBD oil in products to be sold to the public, i.e. cosmetics, etc.?

Mississippi allows hemp derived CBD oil to be used in products without regulation. However, use of cannabis derived CBD oil may only be obtained by order of a physician licensed to practice in Mississippi and administered to the patient under the direction or supervision of the physician. The CBD oil must be obtained from or tested by a research department at the University of Mississippi and dispensed by the pharmacy at the University of Mississippi Medical Center.

The statute further defines CBD oil as processed cannabis plant extract, oil or resin that contains more than fifteen percent (15%) cannabinol but not more than one-half of one percent (0.5%) of tetrahydrocannabinol. Miss. Code Ann. § 41-29-136.

2. Regarding privacy issues, has your state adopted its own version of GDPR or how is your state dealing with GDPR requirements? What other privacy laws has your state adopted recently in response to concerns about the lack of protections for consumers?

Mississippi has not passed any laws or regulation similar to General Data Protection Regulations (“GDPR”) for protection of consumer privacy. In 2019, a bill was introduced in the Mississippi Legislature to regulate the use and disclosure of private information but the bill died in Committee.

Mississippi has enacted a law which requires businesses to disclose a breach of security to affected consumers. A breach of security includes the unauthorized acquisition of personal information which means an individual’s first name or initial and last name in combination with any one or more of the following: (1) social security number; (2) driver’s license number or state identification card number; or (3) any account number in combination with any required security code, or password, that would permit access to an individual’s financial account. Miss. Code Ann. § 75-24-29.