Mississippi marijuana laws
Is marijuana legal in Mississippi?
Current legality status
Cannabis is legal for medical use only.
Medical marijuana was legalized in Mississippi in Feb. 2022. Non-medical marijuana remains illegal.
Mississippi voters overwhelmingly approved the legalization of medical marijuana in Nov. 2020. But in May 2021, the Mississippi State Supreme Court invalidated that entire measure based on a technicality in the state’s initiative process law.
Under the new, patients must obtain a recommendation from a medical practitioner, and register with the state. Regulators are expected to start issuing licenses to grow and sell medical marijuana in June, 2022.
Once a state-issued card has been obtained, a registered patient may purchase and possess up to 3.5 ounces of cannabis per month.
The penalties for possession of marijuana by a person not registered as a medical marijuana in Mississippi are severe and can include a minimum 2 years in jail for growing a single plant.
Yes, possession of less than 30 grams is a maximum $250 fine, but you’re looking at a minimum one to two years in prison for a single THC vape cart bought out of state.
Don’t mess around with cannabis in Mississippi, which has about 5,000 marijuana arrests per year.
Penalties for possession:
- Up to 30 grams: $250 fine
- Second conviction in two years, up to 30 grams: misdemeanor, max 60 days jail, $250
- Third conviction in two years, up to 30 grams: misdemeanor, max six months jail, $1,000
- 30g – 250g: felony, up to one year jail, $1,000
- 250g – 500g: felony, min. two years/max 8, $50,000
- 500g – 1 kilo: felony, min. four years/max 16, $250,000
- 1-5 kilos: felony, min. six years/max 24, $500,000
- 5 kilos and up: felony, min 10 years/max 30, $10,000,000
Mississippi medical marijuana legalization efforts
Mississippi voters legalized medical cannabis on Nov. 3, 2020, with Initiative 65. A dominating 74% of voters approved the measure. The initiative has not yet taken effect, nor is it clear whether it ever will.
The Medical Marijuana 2020 campaign gathered 228,000 signatures to place Initiative 65 on the ballot.
Initiative 65 legalizes up to 2.5 ounces of cannabis every 14 days, if bought from a “marijuana treatment center” that is licensed by the state. There’s a $100 fine for smoking medical weed in public.
In May 2021, the Mississippi State Supreme Court invalidated the initiative based on a technicality in the state initiative process law.
The state legislature subsequently took up the issue in early 2022, and passed a modified medical marijuana legalization bill. Gov. Tate Reeves signed the bill into law on Feb. 2, 2022.
Mississippi qualifying conditions for medical marijuana
Here is a list of qualifying debilitating conditions that would make you eligible for a medical marijuana card in Mississippi:
- epilepsy or other seizures
- Parkinson’s disease
- Huntington’s disease
- muscular dystrophy
- multiple sclerosis
- post-traumatic stress disorder (PTSD)
- positive status for human immunodeficiency virus
- acquired immune deficiency syndrome
- chronic or debilitating pain
- amyotrophic lateral sclerosis
- agitation of dementias
- Crohn’s disease
- ulcerative colitis
- sickle-cell anemia
- autism with aggressive or self-injurious behaviors
- pain refractory to appropriate opioid management
- spinal cord disease or severe injury
- intractable nausea
- severe muscle spasticity
Mississippi does not have recreational cannabis up for a popular vote, or pending in the statehouse.
A 2019 poll found 67% of Mississippi voters support medical cannabis.
Register to vote in Mississippi using this online form
Mississippi cannabis DUI laws
Like everywhere else, it’s illegal to drive while under the influence. Cannabis is a controlled substance in Mississippi, and you can’t drive intoxicated on a controlled substance.
Mississippi has an implied consent law, meaning that the mere act of driving implies your consent to a roadside sobriety test if a police officer has a “reasonable suspicion” you are driving high. That can include your smell or how you behave, which can be completely subjective. Refusing a chemical test results in an automatic license suspension of 90 days.
The penalties are severe for intoxicated driving on any substance. They can include two days in jail for a first offense.
Cannabis DUI penalties:
- First offense: up to 48 hrs jail, minimum $250 / $1,000, up to one year license suspension
- Second conviction in five years: minimum five days, min. $600, up to two years license suspension
- Third offense in 5 years: felony, minimum one year jail, $2,000-$5,000
Common questions about marijuana legalization in Mississippi
Are medical edibles legal in Mississippi?
Yes, edibles like pot brownies are legal under the new medical marijuana legalization law passed in early 2022. Edibles are very much not legal for those who are not registered medical marijuana patients—and come with severe jail time, based on the weight of the brownies, not the weight of the THC inside.
Is Mississippi recreational?
No, Mississippi is not a recreational weed state. It’s a medical state with penalties for non-medical possession and/or sale. However, personal possession of less than 30 grams of marijuana is decriminalized, with a maximum fine of $250.
Growing a single plant can result in serious jail time, depending on the weight of the plant. Similarly, one legal THC vape cart can get you a minimum 1 year in jail.
Is CBD legal in Mississippi 2020?
Yes, CBD is legal in Mississippi, so long as the plant or product it is in has under 0.3% THC. In 2020, Mississippi followed federal changes and legalized hemp with the Mississippi Hemp Cultivation Act, including licensing and regulation. The program’s roll-out is pending a state plan and could be slowed by federal regulation at the USDA. The Act removes hemp from the state’s Controlled Substances schedule.
Can you get a medical card in Mississippi?
Not yet—but soon. Mississippi currently does not have a functioning medical marijuana program with dispensaries and cards, but the new bill signed into law in Feb. 2022 calls for the state to roll out a medical marijuana licensing and regulation system by the end of the year.
Keep up with the latest news about legalization in Mississippi
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Post last updated Nov. 4, 2020