Mississippi 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.
Mississippi Marijuana Attorneys
The following Mississippi lawyers are actively involved in the practice of cannabis law:
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.
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.
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 5 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.
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.
It is also a crime to possess marijuana paraphernalia in Mississippi unless it is intended, marketed, and used only for legal purposes. Paraphernalia includes any items used in the cultivation, harvesting, storage, testing, analysis, or use of marijuana.
Possession and use. Possession of paraphernalia is a misdemeanor and is punishable by up to six months in jail and $500 in fines. This charge does not apply when the defendant is also found with under one ounce of marijuana.
Sale and distribution. It is likewise a misdemeanor to distribute paraphernalia. The maximum penalty is $500 in fines, up to six months in jail, or both. Advertising of drug paraphernalia carries the same penalties.
Sale to a minor. Any person aged 18 or over who sells paraphernalia to a minor under age 18 is guilty of a misdemeanor. The maximum possible penalty is no more than one year in the county jail, $1,000 in fines, or both.
Penalties are double for subsequent convictions. A six-month driver’s license suspension applies to any drug conviction.
Here you can find Mississippi’s Public Health Code 41-29-139 in its entirety.
Mississippi became the fifth state to legalize CBD oil when Gov. Phil Bryant signed the bill into law. Physicians are now able to prescribe the drug to help patients deal with intractable epilepsy.
Qualifying conditions – Intractable epilepsy
Patient possession limits – Cannabis extracts must contain no less than 15 percent cannabidiol and no more than half a percent THC.
Home cultivation – No
State-licensed dispensaries – No
Caregivers – No
Reciprocity – No
Contact information –
University of Mississippi
National Center for Natural Products Research
University of Mississippi Medical Center
Department of Pharmacy Services
|30 g or less (first offense)||N/A||N/A||$ 250|
|30 g or less (second offense)||N/A||5* – 60 days||$ 250|
|30 g or less (third offense)||N/A||5 days* – 6 months||$ 500|
|30 – 250 g||Felony||3 years||$ 3,000|
|250 – 500 g||Felony||2* – 8 years||$ 50,000|
|500 g – 1 kg||Felony||4* – 16 years||$ 250,000|
|1 – 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|
|Up to 30 g||Felony||3 years||$ 3,000|
|30 g – 1 kg||Felony||5 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.|
|See Possession and Sale sections for details.|
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|
|Possession of paraphernalia||Misdemeanor||6 months||$ 500|
|Any conviction will result in a 6 months driver’s license suspension.|
|Subsequent convictions will result in double penalties.|