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Mississippi

MississippiMississippi lives up to its nickname of the Hospitality State when it comes to its marijuana laws.  As one of the first states to decriminalize personal possession, Mississippi residents caught with less than 30 grams will receive a fine instead of jail time.  However, despite the hospitable nature of the laws, it is still important for residents to learn the paraphernalia laws in order to avoid any penalties.

 

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 1 ounce) or less is a civil offense subject to a $250 fine. On a second conviction, the penalty includes a mandatory minimum sentence of five days in jail and a maximum of 60, plus a $250 fine. On a subsequent conviction, the penalty is between five days and six months in jail, plus $500.

Possession of between 30 and 250 grams is a felony punishable by up to three years in prison and $3,000. If the amount is between 250 and 500 grams, the penalty increases to at least two years in prison and as many as eight, plus up to $50,000.

For offenses involving between 500 grams and 5 kilograms, the mandatory minimum sentence is six years in prison while the maximum is 24 years and $500,000 in fines. For 5 kilograms or more, the minimum punishment is 10 years in prison, while the maximum is 30 years and $1 million.

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.

Sale

Any sale of marijuana in Mississippi is a felony, regardless of weight. If the amount is less than 1 ounce, the maximum sentence is three years in prison and $3,000 in fines. If the amount is between 1 ounce and 1 kilogram, the maximum is 20 years in prison plus $30,000.

For weights between 1 kilogram and 10 pounds, the top penalty is 30 years in prison and $1 million in fines. Sale or delivery of more than 10 pounds carries a potential life sentence and a maximum $1 million fine.

Penalties double for sale to a minor and for sale within 1,500 feet of a school, church, or other drug-free zone.

Cultivation

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

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 one to four years in prison and up to $10,000 in fines. Possession of between 0.1 and 2 grams is a felony with a mandatory minimum sentence of two years in prison and a maximum of eight years, plus up to $50,000.

The penalty for possession of between 2 and 10 grams of concentrate is at least four years in prison, at most 16, and up to $250,000 in fines. Possession of between 10 and 30 grams carries a minimum penalty of six years, a maximum of 24, and up to $500,000. Possession of more than 30 grams comes with a mandatory minimum of 10 years in prison and a maximum of 30 years, plus 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.

Paraphernalia

It is also a crime to possess marijuana paraphernalia in Mississippi unless it is intended, marketed, and used only for legal purposes. Possession is a misdemeanor and is punishable by up to six months in jail and $500 in fines.

Miscellaneous

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

Here you can find Mississippi’s Public Health Code 41-29-139 in its entirety.

Mississippi Marijuana Laws
Offense Penalty Incarceration   Max. Fine  
Possession
30 g or less (first offense) not classified N/A $250
30 g or less (second offense) not classified 5* - 60 days $250
30 g or less (third offense) not classified 5 days* - 6 mos $500
30 - 250 g felony 3 years $3,000
250 - 500 g felony 2* - 8 years $50,000
500 g - 5 kg felony 6* - 24 years $500,000
5 kg or more felony 10* - 30 years $1,000,000
In any part of a vehicle besides the trunk misdemeanor 90 days $1,000
* Mandatory minimum sentence
Sale
Less than 1 oz felony 3 years $3,000
1 oz - 1 kg felony 20 years $30,000
1 kg - 10 lbs felony 30 years $1,000,000
More than 10 lbs felony life $1,000,000
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.
Hash & Concentrates
Possession of .1 g or less misdemeanor or felony 1 - 4 years $10,000
Possession of .1 g - 2 g felony 2* - 8 years $50,000
Possession of 2 g - 10 g felony 4* - 16 years $250,000
Possession of 10 g - 30 g felony 6* - 24 years $500,000
Possession of more than 30 g felony 10* - 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
Paraphernalia
Possession of paraphernalia misdemeanor 6 mos $500
Miscellaneous (license suspensions, civil damages, etc...)
Any conviction will result in a 6 month driver's license suspension.
Subsequent convictions will result in double penalties.

 

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