Mississippi Marijuana Laws

Cannabis is decriminalized in Mississippi, with fines ranging from $100-$250 for those in possession of up to one ounce of cannabis. A medical marijuana program seemed like a sure thing for Mississippi in 2021, but the Supreme Court halted the initiative, so use for any purpose remains illegal. Residents with debilitating epilepsy may obtain CBD oil from University of Mississippi Medical Center’s Department of Pharmacy Services.

Mississippi marijuana laws
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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.

Offense Penalty Incarceration Max. Fine
30 g or less (first offense) N/A N/A $ 250
30 g or less (second offense) Misdemeanor 5* – 60 days $ 250
30 g or less (third offense) Misdemeanor 5 days* – 6 months $ 1,000
30 – 250 g Felony 1 – 3 years $ 1,000
250 – 500 g Felony 2* – 8 years $ 50,000
500 g – 1 kg Felony 4* – 16 years $ 250,000
1 – 5 kg Felony 6* – 24 years $ 500,000
5 kg or more Felony 10* – 30 years $ 1,000,000
30 g or less in any part of a vehicle besides the trunk Misdemeanor 90 days $ 1,000
* Mandatory minimum sentence

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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.

Offense Penalty Incarceration Max. Fine
Up to 30 g Felony 3 years $ 3,000
30 – 250 g Felony 5 years $ 5,000
250 – 500 g Felony 3 – 10 years $ 15,000
5 g or more Felony 5 – 20 years $ 20,000
To a minor or within 1500 feet of a school, church, or other designated area is a felony that carries double incarceration period and fines.

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Cultivation

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

Offense Penalty Incarceration Max. Fine
See Possession and Sale sections for details.

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Hash and 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.

Offense Penalty Incarceration Max. Fine
Possession of 0.1 g or less Misdemeanor or Felony 1 year $ 1,000
Possession of 0.1 g – 2 g Felony 3 years $ 50,000
Possession of 2 g – 10 g Felony 8 years $ 250,000
Possession of 10 g – 30 g Felony 3 – 20 years $ 500,000
Possession of more than 30 g Felony 30 years $ 1,000,000
Sale, barter, manufacture, transfer, or distribution N/A 30 years $ 1,000,000
Trafficking N/A 30 years* $ 1,000,000
*Mandatory Minimum Sentence

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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.

Offense Penalty Incarceration Max. Fine
Possession of paraphernalia Misdemeanor 6 months $ 500

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Miscellaneous

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

Miscellaneous
Any conviction will result in a 6 months driver’s license suspension.
Subsequent convictions will result in double penalties.

Medical Marijuana

MEDICAL MARIJUANA

Mississippi became the fifth state to legalize CBD oil when Gov. Phil Bryant signed the bill into law. Physicians are now able to prescribe the drug to help patients deal with intractable epilepsy.

QUALIFYING CONDITIONS:
Intractable epilepsy

PATIENT POSSESSION LIMITS:
Cannabis extracts must contain no less than 15 percent cannabidiol and no more than half a percent THC.

HOME CULTIVATION:
No

STATE-LICENSED DISPENSARIES:
No

CAREGIVERS:
No

RECIPROCITY:
No

Marijuana Attorney Directory

Mississippi Marijuana Attorneys

The following Mississippi lawyers are actively involved in the practice of cannabis law: