Recreational marijuana is not legal in Mississippi, but first-time possession of small amounts of flower marijuana (30 g or less) has been decriminalized. Violators face a fine of $250. Second-time possession of a similar amount is a misdemeanor punishable by 5-60 days in jail and a fine of $250. Subsequent offenses are also misdemeanors and result in a jail sentence of between 5 days and 6 months, as well as a $1,000 fine. Possession of 30 g or less in one’s vehicle (trunk excluded) is a misdemeanor with a maximum penalty of 90 days in jail and a $1,000 fine.
Possession of more than 30 g of flower marijuana is a felony punishable in the following way:
• 30-250 g: Maximum term of imprisonment of 3 years and a fine of $1,000.
• 250-500 g: Minimum term of imprisonment of 2 years, maximum of 8 years; $50,000 fine.
• 0.5-1 kg: Minimum term of imprisonment of 4 years, maximum of 16 years; $250,000 fine.
• 1-5 kg: Minimum term of imprisonment of 6 years, maximum of 24 years; $500,000 fine.
• 5 kg or more: Minimum term of imprisonment of 10 years, maximum of 30 years; $1,000,000 fine.
Possession of even 0.1 g of THC concentrate is potentially a felony punishable by up to 1 year of incarceration and a fine of $1,000. Possession of more than 0.1 g is a felony punishable the following way:
• 0.1-2 g: Maximum term of imprisonment of 3 years and a fine of $50,000.
• 2-10 g: Maximum term of imprisonment of 8 years and a $250,000 fine.
• 10-30 g: Maximum term of imprisonment of 20 years; $500,000 fine.
• 30 g or more: Maximum term of imprisonment of 30 years and a $1,000,000 fine.
Cultivation of marijuana is illegal. The penalty is based on the total weight of the plants.
Mississippi does not currently have a medical cannabis program. Following the passage of Harper Grace’s Law in 2014, some patients and their caretakers can possess, administer, and consume low-THC cannabis formulations that contain more than 15% CBD and no more than 0.5% THC. Physicians licensed to practice in Mississippi may obtain formulations that comply with the law through the University of Mississippi’s Center for National Production Research and must administer or supervise the administration of the formulation to qualifying patients. Currently, the only conditions for which physicians can provide these formulations of cannabis are epilepsy or seizures. On October 8, 2020, Governor Tate Reeves signed Senate Bill 3056. The law removes all FDA-approved cannabis-derived drugs from Schedule V. The only drug matching this description is Epidiolex.
Mississippi’s CBD program is not open to residents of other states and the state of Mississippi does not recognize the validity of other jurisdictions’ medical cannabis programs.