Mississippi Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Mississippi?

A marijuana possession with intent to distribute charge in Mississippi implies that the defendant has been caught with more quantity of marijuana than would be considered sufficient for personal use, typically, more than 30 grams. A marijuana possession with intent to distribute charge is different from a simple possession charge because there is no suspicion on the part of law enforcement that the defendant plans to sell or barter the marijuana found on the individual.

To establish marijuana possession with intent to distribute, the state must prove beyond a reasonable doubt that the defendant possessed marijuana with the plan to sell or distribute the substance. Legally, circumstantial evidence may be used to establish this claim. Intent to distribute may also be established if law enforcement or authorities discover drug-related communication, such as texts or emails containing the transfer of marijuana. Furthermore, marijuana packaging, such as bindles of the substance and other evidence of drug trafficking, such as scales, may be used to prove possession with intent to sell or distribute

Can You Enter a Dispensary at 18 in Mississippi?

No. With recreational weed illegal in Mississippi, there are no recreational cannabis dispensaries in Mississippi. Hence, it is illegal to purchase recreational weed. Persons under 18 are not allowed inside medical marijuana dispensaries in the state. Designated caregivers are the persons legally permitted to help minors purchase medical marijuana products from approved medical marijuana dispensaries.

Can You Enter a Dispensary Without a Card in Mississippi?

There are no recreational marijuana dispensaries in Mississippi as adult-use marijuana remains illegal. However, medical marijuana patients must present valid medical marijuana identification cards to purchase medical marijuana from approved dispensaries.

What Are the Penalties for Possession With Intent To Distribute First Offense in Mississippi?

Pursuant to Section 41-29-139 of the Mississippi Code, it is an offense to possess marijuana with intent to barter, transfer, or distribute marijuana in the state. For a first-time offender, the penalty for an individual charged with the intent to distribute marijuana is an imprisonment term of up to 30 years and a minimum fine of $5,000 but not exceeding $1,000,000.

Possession with intent to distribute up to 50kg of marijuana is punishable by up to 5 years imprisonment and $250,000 in fines under federal law. Section 841 of the United States Constitution makes marijuana possession with intent to distribute between 50 and 99 kg of marijuana punishable by up to 20 years in prison and $1,000,000 in fines. The penalty for marijuana amounts between 100 and 999 kg is a maximum 40-year prison sentence and a $5,000,000 fine. If you are caught with more than 1,000 kg with the intent to distribute, you face up to a lifetime imprisonment and a $10,000 fine.

Is It Legal To Sell Weed in Mississippi?

No. It is illegal to sell weed in Mississippi. Only licensed medical marijuana dispensaries may sell medical marijuana in the state. Selling up to 30 grams of marijuana is considered a felony and is punishable by up to 3 years imprisonment, a maximum fine of $3,000, or both. Selling up between 30 grams and 250 grams is a felony punishable by a maximum sentence of 5 years in jail, a maximum fine of $5,000, or both. Note that the State of Mississippi considers the exchange or barter of marijuana for anything or value as selling.

How To Sell to Dispensaries in Mississippi?

Although Mississippi permits cannabis dispensaries to be vertically integrated, it is not a rule. Therefore, while dispensaries may cultivate, process, and manufacture their own marijuana products, other businesses may also sell marijuana to dispensaries. However, such businesses must obtain medical cannabis processor facility licenses before selling marijuana to dispensaries.

In order to obtain a medical cannabis processor facility license, you must set up a marijuana establishment and obtain business and work permits from the relevant authorities. The establishment must register with the Mississippi Secretary of State's Office and comply with all local zoning requirements and other stipulated conditions.

Also, an applicant for a medical cannabis processor facility license must be:

• Aged 21 or older
• Not have had a marijuana license revoked in the past
• Not have been determined guilty of a disqualifying felony offense
• Not owe delinquent taxes
• Not be a member or a spouse of a member of the Mississippi House of Representatives or Senate

After complying with all required conditions, the business seeking to obtain the medical marijuana processor facility license must apply to the Mississippi Department of Health.

How To Get a Distribution License in Mississippi

Mississippi does not currently have a recreational cannabis industry. Only medical marijuana has been legalized in the state. Under the state’s medical marijuana program, Mississippi does not issue distribution licenses. However, the state issues a transporter license which competes with the distribution license issued in other states.

In order to apply for a transporter license, it is recommended that you review the pre-application checklist on the Mississippi State Department of Health (MSDH) website. You are also required to complete a background check and submit an affidavit with your application. Completed fingerprint card must be submitted by mail to:

MSDH Fingerprint Unit

143B Lefleur’s Square

Jackson, MS 39211

Subsequently, follow these steps to complete the application:

• Visit the Mississippi medical cannabis portal to create an account. If you do not already have a cannabis portal account, you must create a new one to begin the application process
• Select your application type: You will be required to select your application type when creating an account on the medical cannabis portal
• Verify your registration: You will receive an email notification to confirm your registration. Follow the instructions in the mail to verify your new medical cannabis portal account
• Start your application: After verifying your portal account, you can sign in and complete your license application

For more information on completing a medical cannabis transporter license, review the Mississippi Medical Cannabis Program Industry Portal User Guide or email MSMedicalCannabis@msdh.ms.gov.