Mississippi: Medical Marijuana Law Overview and State Fines/Penalties

David Bowman

David Bowman

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Penalty Details
See:
  • Mississippi Code § 41-29-101, et seq.
  • Mississippi Code § 41-29-139
Possession
A first offense for possession of 30 grams or less is punishable by a fine of $100-$250.

A subsequent conviction will result in 5-60 days imprisonment and a fine of up to $250.

A third conviction will result in 5 days-6 months imprisonment as well as a maximum fine of $500.

Possession of between 30-250 grams is a felony punishable by a maximum of 3 years imprisonment and a maximum fine of $3,000.

Possession of between 250-500 grams is a felony punishable by 2-8 years imprisonment and a maximum fine of $50,000.

Possession of between 500 grams-5 kilograms is a felony punishable by 6-24 years imprisonment and a maximum fine of $500,000.

Possession of 5 kilograms or more is a felony punishable by 10-30 years imprisonment as well as a maximum fine of $1,000,000.

When marijuana is discovered in any part of one's vehicle besides the trunk, this is considered a misdemeanor and there is an additional penalty of a maximum of 90 days imprisonment and a maximum fine of $1000.

See:
  • Mississippi Code § 41-29-101, et seq.
  • Mississippi Code § 41-29-139
Sale
The sale of less than 1 oz. is a felony punishable by up to 3 years imprisonment and a maximum fine of $3,000.

The sale of 1 oz.-1 kilogram is a felony punishable by a maximum sentence of 20 years imprisonment and a maximum fine of $30,000.

The sale of 1 kilogram-10 lbs. is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $1,000,000.

The sale of more than 10 lbs. is a felony punishable by a maximum sentence of life imprisonment without the chance of parole.

The sale to a minor or within 1,500 feet of a school, church, or other designated area is a felony that carries with it a doubling of the incarceration period and the fine.

See :
  • Mississippi Code § 41-29-101, et seq.
  • Mississippi Code § 41-29-139
Cultivation
Cultivation in Mississippi will be punished based upon the aggregate weight of the plants found. See the "Possession" and "Sale, Trafficking, or Distribution" sections for further penalty details.

Hash & Concentrates
The Mississippi Code defines Marihuana as being any part of the Cannabis plant and any derivative, mixture, or preparation of the plant, except for Hashish. Hashish is defined separately as the resin extracted from the Cannabis plant and any preparation, derivative, or mixture of that resin. Schedule 1 of the Mississippi Code lists Marihuana, Hashish, and Tetrahydrocannabinols all separately. Tetrahydrocannabinols are defined as the active Tetrahydrocannabinols, or their synthetic equivalents, that are not contained in either a preparation of the Marihuana plant, or Hashish resin.

See:
  • Mississippi Code § 41-29-105
  • Mississippi Code § 41-29-113
The sale, barter, manufacture, transfer, or distribution of Hashish, or possession of Hashish with intent to take any of the above actions is subject to up to 30 years imprisonment and a fine of no more than $1,000,000 and no less than $5000.

See:
  • Mississippi Code § 41-29-139(a)-(b).
Trafficking is defined as engaging in the sale, barter, manufacture, transfer or distribution of a controlled substance, or possession with intent to engage in any of the above offenses, three times in any consecutive 12-month period, with at least two of the offenses occurring in different counties. Trafficking in Hashish is subject to a mandatory minimum penalty of 30 years imprisonment without the possibility of parole or a reduction in the sentence. It is also subject to a fine no less than $5000 and no more than $1,000,000.

See:
  • Mississippi Code § 41-29-139(g)
Penalties for possession of Hashish are differentiated by weight:

Possession of .1g or less of Hashish may be prosecuted either as a felony or misdemeanor. If prosecuted as a misdemeanor, it is subject to imprisonment for no more than 1 year and a fine of no more than $1000. If prosecuted as a felony, it is subject to no more than 4 years imprisonment, with a 1 year mandatory minimum, and a fine of no more than $10,000.

Possession of between .1g and 2g of Hashish is a felony subject to no more than 8 years imprisonment, with a 2 year mandatory minimum, and a fine no greater than $50,000.

Possession of between 2g and 10g of Hashish is a felony subject to no more than 16 years imprisonment, with a 4 year mandatory minimum, and a fine no greater than $250,000.

Possession of between 10g and 30g of Hashish is a felony subject to no more than 24 years imprisonment, with a 6 year mandatory minimum, and a fine of no more than $500,000.

Possession of more than 30g of Hashish is a felony subject to no more than 30 years imprisonment, with a 10 year mandatory minimum, and a fine of no more than $1,000,000.

See:
  • Mississippi Code § 41-29-139(c)(1)
Sale or distribution of Hashish by a person over 21 years old to a person under 21 years old doubles the maximum allowable period of incarceration for that offense. The fine for the offense does not change.

See:
  • Mississippi Code § 41-29-145
Sale, barter, distribution, transfer, or manufacture of Hashish or possession with intent to commit any of the above offenses within 1500 feet of a school building or other designated place or within 1000 feet of the property a school building or other designated place resides on doubles the maximum allowable period of incarceration for that offense. The fine for the offense can also be doubled in this situation. A subsequent conviction under this statute will lead to the imposition of the maximum allowable fine and incarceration period.

See:
  • Mississippi Code § 41-29-142
The maximum period of incarceration and maximum fine for any crime under this section may be doubled for any person who, at the time of their conviction, has a prior conviction for any similar drug crime.

See:
  • Mississippi Code § 41-29-147
The use of a gun in the commission of any drug crime or possession of a gun at the time of arrest for a drug crime doubles both the maximum allowable period of incarceration and the maximum fine for any given offense.

See:
  • Mississippi Code § 41-29-152
Paraphernalia
Possession of paraphernalia is a misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $500.

See:
  • Mississippi Code § 41-29-101, et seq.
  • Mississippi Code § 41-29-139
Miscellaneous
Any conviction will result in a 6 month driver's license suspension.

See:
  • Mississippi Code § 63-1-71(1)
Subsequent convictions will result in a doubling of the first offense's penalties.

See:
  • Mississippi Code § 41-29-101, et seq.
  • Mississippi Code § 41-29-139
DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

MEDICAL CBD
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Source: NORML: Mississippi Laws & Penalties
 
Matilda2 said:
Unfortunately it hasn’t changed much in 6 years but hopefully this year we will change that :peace:
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I started reading this and was like wtf? It’s dated 2014 and the guy who posted this doesn’t look very active past his OG post. The penalties are enough to scare someone . It’s been my observation , most Mississippians are in favor of legalization. What people have to pay close attention to is how the ballot reads . There will be 2 options to choose from and the wording is so to trick or sway the “ non participant “ ( grandma and grand pa like my mom who will vote in favor because she knows how important it is for me but doesn’t partake ) who will vote in favor for but don’t know any better to end up with a “ split ballot” meaning the measure will fail! That’s the goal from the law makers and the opposition. It’s squirrelly for ceratain and you better bet they don’t want cannabis legal in MS and will do everything they can to defeat it ....I’ll look up the two measures on ballot and post the one that all MS should vote on . August will be here before we know it
 
The ballot number 65 with the amendment being 65A. I was following the meeting about this being put on the ballot ( on the edge of my seat ) But when the time rolls around I’ll be voicing what’s going on ;) friends and family are in favor but like you said regular Joe public doesn’t really understand what all the 65 , 65A means . That’s what ” they ” are counting on .
 
You got it girl! There game is to split the ballot and most likely it will work . It’s sad to say but don’t hold your breathe . This is MS we are talking about .
. It’s my understanding, the wording in 65A is they would limit who grows , who sells , no concentrates , limitations to types of consumption etc .
I haven’t studied that much on the two so I guess I need do so that soon.
 
I’ve heard about some limitations. They were “concerned “ about the loose wording that was one of their excuses for pushing it . People being able to grow , paraphernalia yada yada . It all just makes me sick .
 
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