Mississippi Marijuana Laws

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.

Is Marijuana Legal 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.")

What Are the Penalties for Marijuana Possession in Mississippi?

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.

• Up to 30 grams of marijuana or up to 10 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.
• Between one and 30 grams of marijuana or up to 10 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 10 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.
• 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.
• 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.
• 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.
• Between one and five kilograms of marijuana or 200 or more grams of synthetic cannabis. Penalties include between 6 and 24 years in prison, a fine of up to $500,000, or both.
• Five or more kilograms of marijuana. Penalties include between 10 and 30 years in prison, a fine of up to $1,000,000, or both.

(Miss. Code §§ 41-29-113, 41-29-136, 41-29-139 (2022).)

What Are the Penalties for Marijuana Sales and Trafficking in Mississippi?

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.

• Selling up to 30 grams of marijuana or up to 10 grams of synthetic cannabis. Penalties include a fine of up to $3,000, up to three years in prison, or both.
• Selling between 30 and 250 grams of marijuana or between 10 and 20 grams of synthetic cannabis. Penalties include a fine of up to $5,000, up to five years in prison, or both.
• 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 3 and 10 years in prison, or both.
• 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 5 and 20 years in prison, or both.
• 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 10 to 40 years in prison and a fine of between $500,000 and $1,000,000.

(Miss. Code § 41-29-139 (2022).)

What Are Mississippi's Laws and Penalties on Drug Paraphernalia?

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).)

How Does Medical Marijuana Work in Mississippi?

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).)

More information can be found on the State Department of Health's website for the Medical Cannabis Program.

Get Legal Help

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.