Simple marijuana possession is decriminalized in Mississippi, but only for first-time offenders. All other cannabis offenses are crimes, including possession, sale, and cultivation. Penalties are typically severe, with possible life imprisonment in some cases.

Possession

On a first conviction, possession of 30 grams of marijuana (roughly one ounce) or less is a civil offense subject to a $250 fine. On a second conviction, the penalty includes a mandatory minimum sentence of 5 days in jail and a maximum of 60, plus a $250 fine. On a subsequent conviction, the penalty is between 5 days and 6 months in jail, plus up to $1,000 in fines.

Possession of more than 30 grams is a felony. Possession of between 30 and 250 grams is punishable by between 1 and 3 years in prison and a fine of $1,000. If the amount is between 250 and 500 grams, the penalty increases to at least 2 years in prison and as many as 8, plus up to $50,000 in fines.

For offenses involved between 500 grams and 1 kilogram, the mandatory minimum is 4 years in prison, the maximum sentence is 16 years, and fines of $250,000 are possible. For amounts of between 1 and 5 kilograms, the mandatory minimum increases to 6 years, the maximum is 24 years, and the potential fine is $500,000.

For five kilograms or more, the minimum punishment is 10 years in prison, while the maximum is 30 years and $1 million in fines.

Possession of any amount of cannabis in any part of a vehicle besides the trunk is a misdemeanor and is punishable by up to 90 days in jail and $1,000.

Sale

Any sale of marijuana in Mississippi is a felony, regardless of weight. If the amount is less than 30 grams, the maximum sentence is 3 years in prison and $3,000 in fines. If the amount is between 30 and 250 grams, the maximum sentence is 5 years, and fines of $5,000 are possible. For amounts of between 250 and 500 grams, penalties include a prison sentence of between 3 and 10 years and $15,000 in fines. Penalties for any more than that include up to 20 years in prison and 20,000 in fines.

Penalties double for sale to a minor and for sale within 1,500 feet of a school, church, or other drug-free zone.

Cultivation

Marijuana cultivation in Mississippi is treated as either a possession offense or a sale offense, with similar weight limits and penalties.

Concentrates

Hashish, hash oil, and other marijuana concentrates are treated more harshly than cannabis flower under Mississippi law. Almost all possession, sale, delivery, and cultivation charges are felonies.

Possession of up to 0.1 gram of concentrates – a negligible amount – is either a misdemeanor or a felony and is punishable by up to 1 year in jail and up to $1,000 in fines. Possession of between 0.1 and 2 grams is a felony punishable by up to 3 years in prison, plus up to $50,000 in fines.

The maximum penalty for possession of between 2 and 10 grams of concentrate is 8 years in prison and up to $250,000 in fines. Possession of between 10 and 30 grams carries a minimum penalty of 3 years, a maximum of 20, and a fine of up to $500,000. Possession of more than 30 grams comes with up to 30 years in prison, plus a fine up to $1 million.

Selling concentrates, using them to barter, making them, transferring them, or distributing them carries a penalty of up to 30 years in prison and $1 million in fines. Trafficking offenses come with a mandatory minimum of 30 years in prison, plus up to $1 million in fines.

Paraphernalia

It is also a crime to possess marijuana paraphernalia in Mississippi unless it is intended, marketed, and used only for legal purposes. Paraphernalia includes any items used in the cultivation, harvesting, storage, testing, analysis, or use of marijuana.

Possession and use. Possession of paraphernalia is a misdemeanor and is punishable by up to 6 months in jail and $500 in fines. This charge does not apply when the defendant is also found with less than 1 ounce of marijuana.

Sale and distribution. It is likewise a misdemeanor to distribute paraphernalia. The maximum penalty is $500 in fines, up to 6 months in jail, or both. Advertising of drug paraphernalia carries the same penalties.

Sale to a minor. Any person aged 18 or over who sells paraphernalia to a minor under age 18 is guilty of a misdemeanor. The maximum possible penalty is no more than 1 year in the county jail, $1,000 in fines, or both.

Miscellaneous

Penalties are double for subsequent convictions. A six-month driver’s license suspension applies to any drug conviction.

Mississippi fully legalized medical marijuana use in 2022, but the law is not yet operational.

QUALIFYING CONDITIONS:
Alzheimer’s disease
Amyotrophic Lateral Sclerosis
Autism
Cachexia
Cancer
Chronic pain (refractory)
Crohn’s disease
Diabetic/peripheral neuropathy
Dementia-related agitation
Glaucoma
hepatitis
HIV/AIDS
Huntington’s disease
Muscular dystrophy
Nausea
Parkinson’s disease
Post-traumatic stress disorder
Seizures
Severe and persistent muscle spasms
Sickle cell disease
Pastic quadriplegia
Spinal cord disease
Ulcerative colitis

PATIENT POSSESSION LIMITS:

Qualifying patients can purchase 3.5 grams of cannabis flower or one gram of cannabis concentrate per day from licensed dispensaries. Patients will be subject to a purchase limit of 1 ounce of cannabis flower per month.

HOME CULTIVATION:
No

STATE-LICENSED DISPENSARIES:
Yes

CAREGIVERS:
Yes

RECIPROCITY:
N/A