Mississippi Marijuana Possession Laws

Is Possession of Marijuana Legal in Mississippi?

The state of Mississippi legalized marijuana possession, albeit for medical purposes only. Recreational use and possession of cannabis are illegal in the state. Also, there are specific Mississippi laws concerning the medical use of cannabis that residents should adhere to. Recreational use of weed is when users take it for pleasure. On the other hand, medical cannabis is when people use weed to treat qualifying health issues.

There is no age requirement to qualify to use marijuana in Mississippi medically. However, persons under 18 must have either their parents or guardians sign up as their caregivers. By law, persons qualified to use marijuana in the state can carry a maximum of 84 grams (2.96 ounces) for a month. 

Interested parties can get marijuana at state-run treatment facilities and dispensaries. The government agency charged with regulating the use of marijuana in the state is the Mississippi State Department of Health.

How Much Weed Is a Felony in Mississippi?

In Mississippi, possession of weed is legal only when used for medical purposes. Beyond that, the consumption or distribution of it is an offense. The law considers certain factors when deciding when weed possession becomes a felony. Below are some of these factors:

  • The amount of the marijuana
  • The intention of the offender
  • The offender’s age
  • The location of the offense

Below is the amount of marijuana regarded as a felony in Mississippi and its penalty.

  • An individual carrying between 30 grams (1.05 ounces) and 250 grams (8.8 ounces) of marijuana is liable to a maximum fine of $3000 or three years in jail.

  • An individual carrying between 250 grams (8.8 ounces) and 500 grams (17.6 ounces) of marijuana is liable to a maximum fine of $50,000 or two to eight years in jail.

  • An individual carrying between 500 grams (17.6 ounces) and 1 kilogram (35.2 ounces) of marijuana is liable to a maximum fine of $250,000 or four to 16 years in jail.

  • An individual carrying between 1 kilogram (35.2 ounces) and 5 kilograms (176 ounces) of marijuana may incur a maximum fine of $500,000 or six to 24 years in jail.

  • An individual carrying 5 kilograms (176 ounces) of marijuana and above is liable to a maximum fine of $1,000,000 or a ten to 30 year jail time.

  • An individual selling 30 grams (1.05 ounces) of weed is liable to a maximum fine of $3000 or three years in jail.

  • An individual selling between 30 grams (1.05 ounces) and 250 grams (8.8 ounces) of weed is liable to a maximum fine of $5,000 or five years in jail maximum.

  • An individual selling between 250 grams (8.8 ounces) and 500 grams (17.6 ounces) of weed is liable to a maximum fine of $15,000 or 3-10 years in jail.

  • An individual selling between 500 grams (17.6 ounces) and 1 kilogram (35.2 ounces) of weed is liable to a maximum fine of $20,000 or 5-20 years in jail.

  • An individual selling a kilogram (35.2 ounces) or more of weed is liable to a maximum fine of $1,000,000 and between 10-40 years in jail.

  • Selling marijuana within 1,500 feet of major public gatherings, such as schools and churches, can earn the offender a doubling of the fine and incarceration period. The same also applies to selling marijuana to someone younger than 18.

What Are the Penalties for 1st Time Offense of Possession of Weed in Mississippi?

In Mississippi, the law is more lenient when punishing a first-time weed possession offender, but the penalties become more severe with subsequent offenses. Generally, a first-time offender possessing 30 grams (1.05 ounces) of weed or less is liable to a fine of $100-$250.

Also, since driving under the influence of marijuana is a violation, a first-time offender may incur between $250-$1000 in fines, 48 hours of jail time, and license suspension for 90 days. In certain situations, the individual may also be required to take driving lessons and do community service.

Where to Buy Legal Weed in Mississippi

Eligible persons may buy medical marijuana from state-run treatment facilities or licensed dispensaries. The Department of Health maintains a list of registered marijuana dispensaries in the state. This list contains the dispensaries’ contact information and license status. 

To legally purchase weed from a dispensary, the person must present a medical marijuana card at the dispensary. Also, persons below 21 years of age must be accompanied by their parent or guardian to enter a marijuana dispensary. 

How Old Do You Have to Be to Buy Weed in Mississippi

There is no age limit for buying weed in Mississippi for medical use. However, an individual interested in purchasing marijuana legally without being escorted by a parent or a guardian must be 21 years and above. A medical marijuana card is needed to be able to buy weed in the state, and the application for this card costs $25 (maybe less in some cases). These ID cards generally expire after a year. However, the practitioner is allowed to specify an earlier date.

The patient must have at least one qualifying medical condition to be eligible for this card. Generally, patients between 18 and 23 need written certifications from two different doctors from distinct medical practices. The following are the prerequisite for certification from a medical practitioner:

  • The practitioner must believe that medical cannabis can aid the treatment of the patient’s condition.
  • The practitioner must have assessed the patient in person.
  • The practitioner must perform a follow-up assessment within six months of the cannabis use to evaluate its effectiveness.

Concerned parties should also note that only medical and osteopathic doctors are allowed to sign written certifications for persons under 18. Any person that buys marijuana for reasons unrelated to health has violated the law and is therefore subject to civil or criminal penalties. 

How Much Weed Can You Carry in Mississippi?

Generally, adults are allowed to legally carry only 84 grams (2.96 ounces) of weed per month in Mississippi. The state calculates marijuana possession and purchases limits according to Medical Cannabis Equivalency Units (MCEUs).

Interested parties can only buy a maximum of six MCEUs (21 grams) in a week. Also, the THC content in flowers should not exceed 30%, while THC concentrated in tinctures and oils should not be more than 60%. Purchasing more than these amounts as a medical marijuana user in the state is an offense that usually subjects the offender to a fine. The penalties become more serious depending on the amount of weed in possession and the offender’s location.

  • Besides medical use, possessing 28 grams of weed or less incurs between $100-$250 fine for a first-time offender. 
  • A second-time conviction may lead to a $250 fine and between 5-60 days in jail. 
  • A third-time offender is liable to a maximum fine of $1000 and between 5 and 6 months of jail time.
  • Having between 1-30 grams of weed in the car incurs a maximum fine of up to $1000 and 90 days in jail. This only applies to spaces in the vehicle used by the driver or passengers, such as the glove box or utility compartment.

What Happens if You Get Caught With Weed Under 18 in Mississippi?

In Mississippi, if a person under 18 gets caught using marijuana in public for medical reasons or otherwise, such a person may be required to pay a fine of up to $100. However, an individual who is under 18 can legally possess weed in the state, provided they are in the Mississippi Medical Marijuana Program. 

How Many Marijuana Plants Can You Have in Mississippi?

None. Mississippi does not permit growing marijuana for any reason. As such, eligible persons may only buy marijuana and marijuana products from licensed dispensaries. 

How Much Weed Can You Fly With from Mississippi?

Mississippi residents are not allowed to fly with weed because it would be a violation of federal and state law. At the national level, marijuana is a schedule 1 drug making its possession illegal. Hence transporting marijuana even between states that have legalized it is an offense.

According to the Drug Enforcement Administration, a person carrying 50kg (1763.6 ounces) of marijuana or less is liable to a $250,000 fine and a maximum jail time of five years. A first-time offender carrying a small amount of weed may lose only the marijuana. 

Is It Illegal to Be High in Public in Mississippi?

No, it is not illegal to be high in public in Mississippi. However, the use of marijuana in public, even as a person with a valid medical marijuana card, is illegal. 

That said, being high in public becomes an offense when the individual is operating a vehicle. After the Medical Cannabis Act was passed, the state’s DUI laws were altered to incorporate driving under the influence of marijuana. Thus, below are the penalties for driving while high on weed:

First-time offenders:

  • A fine between $250-$1000
  • 48 hours in jail
  • A 90-day (minimum) driving privileges

Second-time offender (within five years): 

  • A fine between $600-$1500
  • Five days to one year in jail
  • Community service for ten days to a year
  • License suspension for two years
  • Impounding the offender’s vehicle
  • Thorough diagnostic evaluation.

Third-time offender (within five years): This is considered a felony and comes with the following penalties: 

  • A fine between $2,000-$5,000
  • One to five years in jail 
  • Forfeiture of the car
  • A five-year license suspension
Mississippi Marijuana Possession Laws