Mississippi Marijuana Laws

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Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Mississippi, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Miss. Ann. Code § 41-29-113.)

While not covered in this article, it is also a crime to drive under the influence of marijuana in Mississippi. For information about charges and penalties for driving under the influence of marijuana in Mississippi, see Driving Under the Influence of Marijuana in Mississippi.

Marijuana Possession

It is a crime to knowingly or intentionally possess any amount marijuana (including small amounts for personal use) in Mississippi. Penalties vary according to the amount possessed.

  • Up to 30 grams. Penalties include a fine of $100 to $250. Subsequent convictions of this type within a two-year period are punished with a $250 fine, and between five and 60 days in jail, in addition to participation in a mandatory drug education program. A third or subsequent conviction is punished with a fine between $250 and $500, and between five days and six months in jail. (Miss. Ann. Code § 41-29-139(c)(2)(A).)
  • Between one and 30 grams kept in a car. It is illegal for someone to keep between one and 30 grams of marijuana on their person or in a vehicle (in an area normally occupied by passengers, such as a glove compartment; but not, for example, in a trunk). Penalties include a fine of up to $1,000, and up to 90 days in jail. (Miss. Ann. Code § 41-29-139(c)(2)(B).)
  • Between 30 and 250 grams. Penalties include a fine of up to $50,000, and between two and eight years in prison. (Miss. Ann. Code § 41-29-139(c)(2)(C).)
  • Between 250 and 500 grams. Penalties include a fine of up to $1,000, up to one year in jail, or both. Subsequent convictions may be punished with a fine of up to $3,000, up to three years in jail, or both. (Miss. Ann. Code § 41-29-139(c)(2)(D).)
  • Between 500 grams and 1 kilogram. Penalties include a fine of up to $250,000, and between four and sixteen years in prison. (Miss. Ann. Code § 41-29-139(c)(2)(E).)
  • Between 1 and 5 kilograms. Penalties include a fine of up to $500,000, and between six and 24 years in prison. (Miss. Ann. Code § 41-29-139(c)(2)(F).)
  • 5 or more kilograms. Penalties include a fine of up to $1,000,000, and between ten and 30 years in prison. (Miss. Ann. Code § 41-29-139(c)(2)(G).)

Sales and Trafficking

It is illegal to sell or traffic marijuana (or possess marijuana with the intent to do so) in Mississippi. Penalties vary according to the amount sold or trafficked. (Miss. Ann. Code § 41-29-139(a).)

  • Selling up to 30 grams. Penalties include a fine of up to $3,000, up to three years in prison, or both. (Miss. Ann. Code § 41-29-139(b)(3).)
  • Selling between 30 grams and one kilogram. Penalties include a fine of up to $30,000, up to 20 years in prison, or both. (Miss. Ann. Code § 41-29-139(b)(2).)
  •  Trafficking in a controlled substance. When a defendant commits two or more of the sales offenses described above in different Mississippi counties within a 12 month period, the offenses are  called “component offenses.”  A component offense is a crime called “trafficking in a controlled substance,” punishable with a fine of between $500,000 and $1,000,000, and 30 years in prison. (Miss. Ann. Code § 41-29-139(g)(1)&(2).)
  • Selling ten pounds of marijuana or more in a 12 month period. Someone who sells ten or more pounds of marijuana in a 12 month period is guilty of a felony, punished with life in prison without parole. A defendant may reduce this penalty by providing information that aides the prosecution in arresting or prosecuting others who violate this law. (Miss. Ann. Code § 41-29-139(f).)

Drug Paraphernalia

It is illegal in Mississippi to use, sell, or advertise drug paraphernalia (or to possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties vary according to the offense.

Use

Using, or possessing paraphernalia with the intent to use it, is a misdemeanor, punishable with a fine of up to $500, or up to six months in jail. This penalty does not apply to someone who is convicted of possessing one ounce of marijuana or less (in that case, the possession punishment will be the only penalty). (Miss. Ann. Code § 41-29-139(d)(1).)

Manufacture or sales

Selling paraphernalia (or making it with the intent to sell) is a misdemeanor, punishable with a fine of up to $500, or up to six months in jail. However, selling paraphernalia to a minor (when the minor is at least 3 years younger than the seller) is punished with a fine of up to $1,000, or up to one year in jail. (Miss. Ann. Code § 41-29-139(d)(2)&(3).)

Advertisements

 It is illegal to advertise the sale of paraphernalia in any print or electronic publication. Penalties include a fine of up to $500, or up to six months in jail. (Miss. Ann. Code § 41-29-139(d)(4).)      

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

by: , Contributing Author

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