BILOXI, Miss. (WLOX) – Because the push continues from lawmakers to legalize marijuana in Mississippi, the South Mississippi Metro Enforcement Staff says some companies in South Mississippi are already promoting weed, and there’s nothing police can do about it.
South Mississippi Metro Enforcement Staff Narcotics Director Joe Nicholson stated marijuana is being bought in Mississippi legally.
“So what we’re seeing being sold in vape pens in these vape shops is Delta 8,” he stated. “It’s a strain of marijuana. Delta 8 is illegal in Mississippi.”
Nevertheless, there’s one caveat.
“Except, they’re putting it in vape pens, and the vape pen itself is less than a milliliter,” Nicholson stated. “Our state statute defines a dosage unit as a milliliter or more.”
Mississippi Code 41-29-139 states to be able to cost somebody, regulation enforcement will need to have a dosage unit. Due to that technicality, vape store homeowners that supply it usually are not within the flawed.
“If you don’t have a dosage unit, you can’t charge them,” Nicholson stated. “The crime lab won’t test it. We’ve tried it, we’ve sent it. The crime lab has told us we can’t test it because it’s less than a milliliter anyway and it doesn’t define as a dosage unit.”
As a result of the quantity of Delta 8 is lower than a milliliter, Nicholson stated vape outlets throughout the state can legally promote it. He stated the basis of the issue is cash.
“This is all profit-driven,” he stated. “There is no other reason to sell it. It is profit-driven. It’s not being labeled as medical use or anything else like that, and when you can’t control those things that are profit driven, you don’t know who’s getting their hands on it, who’s buying it, if it’s geared towards kids and if they’re getting it. It’s hard to detect. The only thing that we can ask them then is if they know it’s illegal. They know what’s in it, they just shouldn’t be selling it, but what someone shouldn’t be doing and what I can do by the law, is two different things.”.
Nicholson stated regulation enforcement can solely implement the legal guidelines which are on the books, and that it takes the legislature to repair the issue to be able to forestall unlawful substances from being bought over-the-counter.
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