Mississippi marijuana laws
Is marijuana legal in Mississippi?
Current legality status
Cannabis is illegal under state law.
All marijuana is prohibited in Mississippi at this time. 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.
The penalties for 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.
Note: It is unclear whether Initiative 65 will ever take effect. In May 2021, the Mississippi State Supreme Court invalidated the initiative based on a technicality in the state initiative process law.
Mississippi qualifying conditions for medical marijuana
If Initiative 65 were to take effect, 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
After an in-person exam, a state-licensed doctor would write you a “physician certificate” good for 12 months or shorter. Minors would need a parent or guardian. A physician’s certificate gets you a state medical marijuana card, which is good at the treatment centers.
Card records would be confidential.
The state would have to start issuing cards by Aug. 15, 2021, as well as marijuana treatment center licenses. MTCs would grow the marijuana for sale.
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 edibles legal in Mississippi?
No, edibles like pot brownies are very much not legal 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 an extreme prohibition state. 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 minimum 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?
Mississippi currently does not have a functioning medical marijuana program with dispensaries and cards. Initiative 65 orders state lawmakers and regulators to implement a program, but those efforts are currently on hold due to the May 2021 ruling by the Mississippi State Supreme Court invalidating Initiative 65.
Keep up with the latest news about legalization in Mississippi
You’ll want to keep current on Mississippi’s fast-changing laws by bookmarking Leafly politics and signing up for our newsletter.
Post last updated Nov. 4, 2020