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, though one will be created following the passage of Initiative 65 in 2020, which amends the state constitution and requires a medical marijuana program be implemented in the state by August 2021. This program would limit the amount that can be purchased to 2.5 ounces per 14-day period. Physicians who can recommend cannabis include MDs and DOs who hold unrestricted licenses to practice medicine in the state of Mississippi. Qualifying conditions will include:
• Agitation of dementias
• Amyotrophic lateral sclerosis
• Autism spectrum disorder
• Chronic or debilitating pain
• Crohn's disease
• Epilepsy or other seizure disorders
• Huntington's disease
• Intractable nausea
• Muscular dystrophy
• Multiple sclerosis
• Pain refractory to appropriate opioid management
• Parkinson's disease
• Post-traumatic stress disorder
• Severe and persistent muscle spasms
• Sickle-cell anemia
• Spinal cord disease or severe injury
• Ulcerative colitis
At present, the only operational cannabis program in Mississippi allows some patients and their caretakers to possess, administer, and consume low-THC cannabis formulations that contain more than 15% CBD and no more than 0.5% THC following the passage of Harper Grace’s Law in 2014. 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.