Mississippi Marijuana Laws

The possession and sale of any amount of marijuana is illegal in Mississippi, and potential penalties vary by the amount possessed or sold.

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, although there may be some exceptions for cannabidiol (or CBD solution) possession and use. (Miss. Code §§ 41-29-113, 41-29-136 (2019).)

While not covered in this article, it is also a crime to drive under the influence of marijuana in Mississippi.

Marijuana Possession Laws and Penalties in Mississippi

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

  • Up to 30 grams of marijuana or up to ten grams of synthetic cannabis. 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 up to 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 $1,000, and up to six months in jail. (Miss. Code § 41-29-139(c)(2)(A) (2019).)
  • Between one and 30 grams of marijuana or up to ten grams of synthetic cannabis kept in a car. It is illegal for someone to keep between one and 30 grams of marijuana or up to ten grams of synthetic cannabis 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). This offense is a misdemeanor, and penalties include a fine of up to $1,000, and up to 90 days in jail. (Miss. Code § 41-29-139(c)(2)(B) (2019).)
  • Between 30 and 250 grams of marijuana or 11 to 20 grams of synthetic cannabis. Penalties include a fine of up to $1,000, up to a year in jail, or both; or as many as three years in prison, a fine of up to $3,000, or both. (Miss. Code § 41-29-139(c)(2)(B) and (C) (2019).)
  • Between 250 and 500 grams of marijuana or 20 to 40 grams of synthetic cannabis. Penalties include between two and eight years in prison, a fine of up to $50,000, or both. (Miss. Code § 41-29-139(c)(2)(B) and (C) (2019).)
  • Between 500 grams and one kilogram of marijuana or between 40 and 200 grams of synthetic cannabis. Penalties include between four and sixteen years in prison, a fine of up to $250,000, or both. (Miss. Code § 41-29-139(c)(2)(B) and (C) (2019).)
  • Between one and five kilograms of marijuana or 200 or more grams of synthetic cannabis. Penalties include between six and 24 years in prison, a fine of up to $500,000, or both. (Miss. Code § 41-29-139(c)(2)(B) and (C) (2019).)
  • Five or more kilograms of marijuana. Penalties include between ten and 30 years in prison, a fine of up to $1,000,000, or both. (Miss. Code § 41-29-139(c)(2)(B) (2019).)

Marijuana Sales and Trafficking Laws and Penalties in Mississippi

It is illegal to sell or traffic marijuana or synthetic cannabis (or possess marijuana or synthetic cannabis with the intent to do so) in Mississippi. Penalties vary according to the amount sold or trafficked. (Miss. Code § 41-29-139(a) (2019).)

  • Selling up to 30 grams of marijuana or up to ten grams of synthetic cannabis. Penalties include a fine of up to $3,000, up to three years in prison, or both. (Miss. Code § 41-29-139(b)(2)(A) and (B) (2019).)
  • Selling between 30 and 250 grams of marijuana or between ten and 20 grams of synthetic cannabis. Penalties include a fine of up to $5,000, up to five years in prison, or both. (Miss. Code § 41-29-139(b)(2)(A) and (B) (2019).)
  • Selling between 250 and 500 grams of marijuana or between 20 and 40 grams of synthetic cannabis. Penalties include a fine of up to $15,000, between three and ten years in prison, or both. (Miss. Code § 41-29-139(b)(2)(A) and (B) (2019).)
  • Selling between 500 grams and one kilogram of marijuana or between 40 and 200 grams of synthetic cannabis. Penalties include a fine of up to $20,000, between five and 20 years in prison, or both. (Miss. Code § 41-29-139(b)(2)(A) and (B) (2019).)
  • Trafficking in a controlled substance. Selling (or possessing with the intent to sell) one kilogram or more of marijuana or 200 grams or more of synthetic cannabis is considered “trafficking in a controlled substance” under Mississippi law. The offense is punishable by ten to 40 years in prison and a fine of between $500,000 and $1,000,000. (Miss. Code § 41-29-139(f) (2019).)

Drug Paraphernalia Laws and Penalties in Mississippi

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, up to six months in jail, or both. This penalty does not apply to someone who is convicted of possessing 30 grams of marijuana or less (in that case, the possession punishment will be the only penalty). (Miss. Code § 41-29-139(d)(1) (2019).)

Manufacture or Sales

Selling paraphernalia (or making it with the intent to sell) is a misdemeanor, punishable with a fine of up to $500, up to six months in jail, or both. However, selling paraphernalia to a minor (when the minor is at least 3 years younger than the adult seller) is punishable with a fine of up to $1,000, up to one year in jail, or both. (Miss. Code § 41-29-139(d)(2) and (3) (2019).)

Advertisements

It is illegal to advertise the sale of paraphernalia in any print or electronic publication. Penalties include a fine of up to $500, up to six months in jail, or both. (Miss. Code § 41-29-139(d)(4) (2019).)

Get Legal Help

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

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