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February 9, 2026 0 Comments

Medical Marijuana and Consumable Hemp… Legal shifts to watch in 2026

Medical marijuana and consumable hemp were in the news a lot in 2025. From banning THC in hemp to expanding medical marijuana, many headlines focused on our industry. Now, as we move into month two of 2026, let’s take a look at the forecast and what to watch for in Texas, Louisiana, Mississippi, and Arkansas marijuana programs.

Medical Marijuana and Consumable Hemp… What’s the difference?

Medical marijuana in all instances must meet quality requirements set by the state. The patient must be approved for use by a licensed physician. Typically, products are available via state-licensed dispensaries. These products contain a variety of cannabinoids, including THC, and allow high percentages of any cannabinoid as needed by the patient. 

Consumable hemp is also called CBD and can be found in a variety of retail locations including convenience stores, gas stations, CBD and Vape shops, and even available online in low dose forms for residents of certain states. Some states have outlawed the inclusion of THC in their consumable hemp/CBD products. 

TEXAS

The Medical Marijuana Program Is Growing

Texas continues to expand its medical cannabis program — officially called the Texas Compassionate Use Program. The state has also added new qualifying conditions, and regulators are loosening rules (e.g., allowing some inhalable THC devices). 

More operators are being licensed, and patient enrollment is growing sharply, signaling continued growth in 2026. 

Hemp-THC and Delta-8/D8 Controversies

Hemp-derived THC products like Delta-8 have been a major policy battleground. In 2026, the Texas Supreme Court is weighing whether state regulators can classify certain hemp-derived THC compounds as illegal substances, which could dramatically reduce availability. 

Proposed health department rules could effectively ban many smokable hemp products unless lawmakers act to regulate them. 

After intense debate over banning THC products in consumable hemp outright, many Texas legislators now publicly say that comprehensive regulation — not blanket prohibition — is needed in future sessions (likely 2027).  A bipartisan group is pushing for laws this session that regulate THC (including hemp THC) rather than criminalizing it entirely. 

What 2026 will Likely Bring for Texas

Continued expansion of medical cannabis access with more patients, more products, and more licensed operators.

Big fights over hemp-THC products. State regulators and courts will likely decide what’s legal to sell — with impacts on smoke shops, gas stations, and other retailers.

Talk of adult-use legalization, but no law yet. Some lawmakers are publicly exploring regulated adult-use markets, but formal legalization isn’t scheduled for 2026 and likely won’t happen until at least 2027, if at all.

Policy uncertainty remains, with federal changes looming and state debates ongoing, rules could shift quickly — making 2026 a key year for groundwork even if big changes don’t take effect immediately.


LOUISIANA

Recreational Cannabis Is Still Illegal

HB 627, a bill introduced in 2025 with the intent to authorize a pilot program for recreational marijuana in Louisiana, died in committee, making it unlikely for another challenge before 2027, mainly due to a lack of legislative support.

Medical Marijuana Is Legal and Growing

Louisiana’s medical cannabis program continues to be the primary legal way to access cannabis in 2026. Patients can go directly to a medical marijuana doctor licensed by the state for their recommendations and can obtain cannabis from licensed dispensaries. 

Enrollment in the medical program has been expanding as awareness and access improve. 

Hemp & Cannabinoid Regulation Is Tightening

Louisiana has historically regulated hemp-derived products strictly — focusing on things like THC potency and product format. Products high in intoxicating cannabinoids (like THCA, Delta-8, Delta-10, HHC, etc.) face tighter state regulation compared with some other states. 

Federal changes (cutting permissible hemp THC to only 0.4 mg per container) could dramatically shrink legal hemp product availability statewide by late 2026 unless Louisiana adopts its own adapted rules. 

This may impact CBD and hemp-derived cannabinoid products sold in retail, but medical marijuana sales are not affected by this federal standard. 

What 2026 Will Likely Bring for Louisiana

Medical Cannabis Growth

Continued increase in patient enrollment. With Louisiana following in the footsteps of Oklahoma, and with Oklahoma ready to roll back or kill its program due to cartel involvement and excessive fraud, Louisiana currently faces the same criticism. Some critics of Louisiana’s “monopoly” medical system argue that high prices and limited supply in the legal market can drive patients toward cheaper alternatives, including products that might come from illegal, illicit, or “cartel” sources. 

More dispensary activity and demand for different formulations.

Possible changes in THC limits inside the program.

Hemp Product Changes

Tight hemp rules plus federal THC limits could significantly reduce the number and types of hemp products legally sold in Louisiana by late 2026. Representatives of the Louisiana medical marijuana industry have actively supported and advocated for legislation that would heavily restrict or effectively eliminate the consumable hemp industry in the state. They view the loosely regulated hemp market, which sells intoxicating THC products through a loophole in the law, as a direct competitor to their tightly controlled, medical-only program.


MISSISSIPPI

Medical cannabis is legal and regulated: Mississippi’s Medical Cannabis Act (law since 2022) allows qualified patients who have recommendations from a state-licensed physician to use and purchase medical cannabis from licensed providers. The Mississippi Department of Health oversees licensing and the program. 

Hemp products with very low THC (below federal limits) are generally legal, but intoxicating hemp-derived cannabinoids (e.g., Delta-8, THCA) face strict restrictions outside the medical program. 

Major 2026 Legislative Trends in Mississippi

Medical cannabis program expansion is coming based on several bills in the 2026 Mississippi legislative session that aim to improve and expand the medical cannabis program: Key legislative proposals include:

HB 1152 — Right to Try Medical Cannabis Act
Passed by the House and sent to the Senate, this bill would allow a patient’s doctor, nurse practitioner, or physician assistant to petition the Mississippi Department of Health to approve medical cannabis use even for conditions not currently listed as qualifying. If enacted, it would take effect mid-2026 (around July 1). 

HB 895 — Medical Cannabis Regulatory Updates
This bill (passed in committee and the House votes) would: Remove THC potency limits from tinctures, oils, and concentrates, giving patients access to stronger formulations.; Extend the validity of medical certifications and patient ID cards from 12 months to 24 months (reducing the need for frequent doctor visits).; Extend caregiver card validity to 5 years

HB 1034 — Hospital & Hospice Access
A House-passed bill would require designated healthcare facilities (like hospitals and hospice centers) to allow terminally ill, qualifying patients to use medical cannabis in certain forms (though not smoking or vaping). 

HB 1711 — Caregiver Access Improvements
Passed committee, this would allow caregivers to purchase medical cannabis for patients without the patient present, and push back the next background check requirement to five years. 

HB 513 — Medical Cannabis Revenue for Public Health
A bill directs 12.5 % of medical cannabis fees and tax revenue into the Mississippi Public Health Trust Fund through 2030. 

In short, 2026 is likely to bring significant updates to how Mississippi’s medical cannabis program works — making access easier, expanding what conditions qualify, and updating potency and caregiver rules.

Recreational Cannabis Still Not Legal

A 2026 proposal (HB 1267 — Mississippi Retail Marijuana Act) aimed to legalize adult-use marijuana and create a regulated retail market, but it died in committee early in the session. This means no full legalization for adult recreational use in 2026 unless similar legislation is reintroduced and passed later. 


Arkansas

Arkansas has allowed medical marijuana since a voter-approved amendment in 2016. Patients with qualifying conditions can obtain a medical marijuana ID card and legally purchase cannabis from state-licensed dispensaries. Patients are generally allowed to possess up to 2.5 ounces in a 14-day period.

Recreational Cannabis Is Still Illegal
Adult-use marijuana (for people age 21+ without a medical card) remains illegal statewide in 2026. There is no active recreational market yet, nor has a legalization bill passed in the Arkansas Legislature.

Harsher Penalties Without a Medical Card
Possession of marijuana without a medical card — or over the legal limit for patients — can result in serious misdemeanor or felony charges, fines, and possible jail time under state criminal law.

Court Ruling on Constitutional Amendments

In December 2025, the Arkansas Supreme Court ruled that the Legislature can amend voter-approved constitutional measures — including the 2016 medical marijuana amendment — if two-thirds of each chamber approve the change.

This is very significant because it potentially gives lawmakers the power to modify or limit aspects of the medical cannabis program without another statewide vote. Opponents worry this could be used to tighten access or change program rules in ways patients didn’t originally approve.  In early 2026, there is ongoing uncertainty over how this authority might be used — including whether future laws will make medical cannabis harder to access or regulated differently.

What 2026 will Likely Bring for Arkansas

Medical Program Continues and May Evolve. The medical cannabis program will remain the primary legal cannabis market in Arkansas throughout 2026.

Regulators (like the Arkansas Medical Marijuana Commission and Department of Health) will continue overseeing licensing, patient cards, and rules for dispensaries and cultivators. 

Legal & Legislative Shifts Could Change Access Because the Legislature now has authority to amend constitutional amendments that voters passed, new laws could modify the medical marijuana framework during the 2026 session. Any legislative changes would likely be debated intensely, as some patient advocates fear restrictions could reduce access. 

Ballot Initiatives Could Shape the Future If ballot measures qualify in 2026, voters may see proposals to expand patient rights, protect the medical amendment from legislative revision, or potentially open the door to broader cannabis reforms (though full adult-use legalization proposals are not currently leading this cycle). 

No Recreational Market Yet, Arkansas is not listed among the states expected to legalize adult-use cannabis in 2026. There is currently no active adult-use sales program planned. 

In 2026, Arkansas cannabis will continue to be dominated by its medical program, which remains legal and operational. There are no active recreational cannabis sales yet, and while reforms are possible — both by legislature and ballot — the state is not currently on track to fully legalize adult-use cannabis this year. Ongoing debates about the state Supreme Court’s ruling on legislative power could shape changes to how the medical program operates

Summary

While 2026 will likely provide shifts in laws and more headline news, more regulation in the consumable hemp program and expansion of the medical marijuana program are likely in all states that The Healing Clinics serves. Watch for more specific information as the year goes on. 

If you’re ready to start your healing journey with medical marijuana, The Healing Specialists are ready to help! Click the button to get started or call (318) 227-4088 for more information.

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