Marijuana possession, sale, and manufacture are regulated by both state and federal law. Marijuana remains classified as a Schedule I substance in Mississippi, however, the state has legalized medical marijuana for qualified patients. Learn how these laws work and the penalties for illegal possession or sale of marijuana.
While not covered in this article, it's a crime to drive under the influence of marijuana in Mississippi.
Mississippi legalized medical marijuana in 2022. For all other purposes, weed remains illegal in the state.
Mississippi decriminalized a first-time possession offense of 30 grams or less of recreational marijuana, making it a fine-only offense. Decriminalization, however, doesn't mean legal—the act is still illegal but doesn't carry the possibility of jail time. (The possibility of being incarcerated is what makes an illegal act a "crime.")
Except for legal possession of medical marijuana, it's a crime to knowingly or intentionally possess marijuana or synthetic cannabis (including small amounts for personal use) in Mississippi.
Penalties vary according to the amount possessed as follows.
(Miss. Code §§ 41-29-113, 41-29-136, 41-29-139 (2022).)
Except for legal medical marijuana sales, it's 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 as follows.
(Miss. Code § 41-29-139 (2022).)
Unless sold or used in connection with medical marijuana, it's 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.
Illegal 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).
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.
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 (2022).)
Under Mississippi's medical marijuana law, qualifying patients who've been diagnosed with a debilitating medical condition will be able to apply for a marijuana medical ID card. Only registered patients with an ID card can purchase and use medical marijuana from licensed dispensaries. The law limits weekly purchases to 24.5 grams of cannabis flower (approximately ¾ of an ounce). In addition to purchasing limits, the law also places possession limits on cardholders. (The amounts are measured by a unit referred to as "MMCEU" (Mississippi Medical Cannabis Equivalency Unit).)
The law also establishes stiff criminal penalties for cardholders who intentionally sell or give medical marijuana to other individuals. A convicted person faces a felony, punishable by up to two years in prison, a $3,000 fine, and disqualification from the program. It's also a misdemeanor to lie to law enforcement about being in the program to avoid an arrest. (S.B. 2095 (2022).)
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. A local criminal defense attorney can help you navigate the criminal legal system and tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.