An Overview of Harper Graces Law: Mississippi CBD Extract-Only Medical

Marijuana Law
On April 17, 2014, Mississippi Gov. Phil Bryant signed into law H.B. 1231, known as Harper Graces Law. This
measure provides an affirmative defense to patients who suffer from a debilitating epileptic condition (and their
parents, guardians, or custodians) for the use and possession of marijuana extracts that contain more than 15% of
cannabidiol (CBD) and no more than 0.5% THC. It also removes such extracts from the states Controlled
Substances Act. Because this law provides no realistic source for obtaining the extracts and only applies to a tiny
fraction of the patients who could benefit from medical cannabis, MPP does not consider Mississippi a medical
marijuana state.
What is an affirmative defense?
An affirmative defense does not protect someone from being arrested, held in jail before trial, and made to stand trial
for the use and possession of medical marijuana, including CBD extracts.
However, this law does, at least theoretically, provide an affirmative defense. One of the more commonly known
affirmative defenses is self defense. If the defendant can prove all of the elements of an affirmative defense in
court, he or she is not guilty of a crime. In this case, the defense is that the defendant has a debilitating epileptic
condition and used or possessed CBD pursuant to the order of a physician.
Because another portion of the law also excludes CBD oil from the definition of marijuana as a Schedule I
controlled substance, it is unclear how much legal protection patients and caregivers have under this law.
What type of marijuana does the bill apply to?
This bill only applies to CBD oil, meaning a marijuana oil, extract, or resin that contains more than 15% of
cannabidiol (CBD) and no more than 0.5% THC.
Whom does this limited law protect?
This law protects only patients who suffer from a debilitating epileptic condition, and their parents, guardians, and
custodians. The use or possession of the CBD oil must be pursuant to the order of a physician.
Who can produce the CBD oil?
The CBD oil must be obtained from or produced by the National Center for Natural Products Research at the
University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi
Medical Center. The only entities authorized to produce or possess cannabidiol for research are the National Center
for Natural Products Research at the University of Mississippi, the Department of Pharmacy Services at the
University of Mississippi Medical Center, and Mississippi Agricultural and Forestry Experiment Station at
Mississippi State University.
Can patients or their parents grow their own marijuana for the purpose of making CBD extracts?
No. Only the entities listed above would be allowed to cultivate marijuana under state law. However, doing so is
federally illegal for everyone in the country except one entity the National Center for Natural Products Research
at the University of Mississippi. While that is one of the entities listed in the new law, the center isnt allowed to

distribute marijuana to patients directly. It may only distribute marijuana with federal approval to clinical
researchers. Even for those researchers, obtaining marijuana has been an extremely slow and difficult process. It
recently took researcher Dr. Sue Sisley three years to be granted permission to obtain marijuana for a protocol the
FDA had approved earlier. Even now, she still has to overcome more obstacles: Securing funding and obtaining
DEA permission.
Is a parent who uses or assists his/her child in using CBD extracts at risk of having that child removed from
his/her custody?
No. No state agency, including law enforcement agencies, may initiate proceedings to remove a child from his or her
home, based solely upon the parents or childs use or possession of CBD as authorized by Harper Graces Law.
When will this law take effect?
This law is effective immediately.