Mississippi Marijuana Limitations

What Happens if I am Under 21 and Caught Carrying or Using Cannabis?

For Mississippians who ask, "how much cannabis can I legally have?" Regardless of a person's age, it is illegal for anyone in Mississippi to carry or use cannabis either for medical or recreational purposes. Save for the limited medical marijuana program that allows medical patients with epilepsy to use low-THC cannabis (mainly CBD oil) as a form of treatment, Mississippi prohibits every other form of cannabis use or possession by anyone, including those under 21 years. The punishment meted out on adults for marijuana-related offenses in the state equally applies to offenders under 21. These include jail sentences and cash fines.

Generally, it is not ideal for minors to use cannabis in any form unless prescribed for medical purposes. In such a situation, the use of the substance must be supervised by a caregiver, parent, or guardian. The National Institute on Drug Abuse (NIDA) says that cannabis use by minors can affect their learning ability, coordination, judgment, attention, balance, and decision-making. Persons under 21 who consume cannabis have a high potential of getting addicted to it.

Where is it Legal to Smoke Weed in Mississippi?

Weed is illegal in Mississippi, and so is its consumption. Qualified medical patients in the state who ask, "where can I use cannabis?" should know they can use CBD oil, an approved cannabis derivative, only in their private homes and not in public. In Mississippi, smoking weed in public is punishable by a fine of up to $100. Based on best practices, most states in the U.S. prohibit smoking weed in public space, even where marijuana has been fully legalized. Weed can produce a strong smell that can be considered offensive or unpleasant when smoked in public. Smoking weed is also not allowed on federal properties within Mississippi. Some landlord/tenants bylaws may prohibit weed consumption. Hence, persons who live on rental properties must review the building rules to confirm whether they can smoke weed or not on such properties.

Generally, anyone in Mississippi should not smoke weed in the following places:

  • Private clubs, auditoriums, enclosed or partially enclosed sports arenas, bowling alleys, skating rinks, convention facilities, and polling places
  • Lobbies, reception areas, hallways, meeting rooms, waiting rooms, break rooms, and other common-use areas
  • Public buildings, offices, elevators, restrooms, theaters, museums, libraries, schools, commercial establishments, enclosed shopping centers, and retail stores
  • Hospitals, health care facilities, health care clinics, child care, adult care facilities, and other social service care centers
  • Bars, restaurants, taverns, and gaming facilities

Again, some people who want to avoid committing marijuana-related offenses in Mississippi ask, "can I carry cannabis around me?" While cannabis is still illegal in Mississippi, the state has decriminalized small amounts of marijuana but carrying up to 30 grams of the substance or 10 grams of synthetic cannabinoids attracts a fine between $100 and $250 for a first offense. Subsequent possession offenses come with more stringent penalties, including jail sentences.

Can I Leave Mississippi with Cannabis?

No. First off, both recreational marijuana and medical marijuana are still illegal in Mississippi. Secondly, per Section 812 of Title 21 in the United States Code, marijuana is a Schedule I Controlled Substance. Consequently, leaving Mississippi with this substance to another state is illegal and a federal crime, even if weed is legalized in the destination state. Transporting a Schedule I Controlled Substance across state lines is a federal felony, and this also applies to marijuana. The United States Constitution empowers the federal authority to regulate interstate trade and, as such, can prosecute anyone for transporting weed across state borders.

Generally, the United States Drug Enforcement Agency (DEA) classifies the act of transporting marijuana interstate as a drug trafficking offense. Although the DEA does not invest time or energy in the petty marijuana movement across state lines, that does not imply they will not respond appropriately to the offense when they find one. While the Transportation Security Administration (TSA) screens passengers for illegal substances at the airports, the TSA allows cannabis-infused products and cannabidiol (CBD) oil with up to 0.3% THC on a dry weight basis or those authorized by the United States Food and Drug Administration (FDA) to pass.

The severity of penalties meted out on persons caught transporting cannabis across state lines by the federal authority depends on the amount of the substance involved. For amounts less than 50 kilograms, an offender may get up to five years prison sentence. The movement of between 50 kilograms and 99 kilograms of cannabis across state borders is an offense punishable by up to 20 years of jail time. If the quantity of cannabis involved is between 100 kilograms and 999 kilograms, the offender risks a jail sentence of up to 40 years. For amounts exceeding 1,000 kilograms of cannabis, the offender may get a life imprisonment sentence. In the United States, a second or subsequent marijuana trafficking offense by the same person comes with more stringent penalties than the previous one.

Will Cannabis Affect My Driving Record in Mississippi?

A conviction for a DUI of marijuana in Mississippi can affect a person's driving record. Driving under the influence of marijuana or any other controlled substance in the state is a crime. Besides the penalties of jail sentences and fines, Mississippi also punishes DUI of marijuana offenders with a license suspension, which usually ends up on their driving record. The conviction of Daniel Parish for a DUI offense in 2014 by the Supreme Court of Mississippi is proof that a DUI offense in the state can affect a person's driving record. Besides penalizing Daniel with a prison sentence and fines, the court also suspended his license for five months and 25 days.

Can I Get a DUI if I Drive While I am High?

Yes. However, the use of medical marijuana will not make a person high. Medical marijuana contains a high level of cannabidiol (CBD), a compound considered safer than tetrahydrocannabinol (THC). However, THC, which is the main component of recreational cannabis, can get users high.

Generally, THC impairs vision and affects a person's driving ability. Per Mississippi Controlled Substances Law, a person is guilty of a DUI if they drive under the influence of any substance that has impaired their ability to operate a motor vehicle. Under this law, they also commit a DUI offense if they drive under the influence of any drug whose possession is considered illegal, one of which is marijuana.

In Mississippi, anyone who operates a motor vehicle is deemed to have given implied consent to chemical tests of their blood, breath, or urine to determine the presence of any substance capable of impairing their ability to operate a motor vehicle. A person suspected to be high on marijuana while driving who refuses a law enforcement officer's request to submit to a chemical test risks license suspension for 90 days. Law enforcement can tell if a person operating a motor vehicle on the highway in Mississippi is high on marijuana with the following signs:

  • The driver had slurred speech and red eyes
  • The motor vehicle smelled of marijuana marijuana
  • The driver was swerving in and out of the appropriate lane
  • The driver drove too slow or moved at unreasonable high speed
  • The is marijuana or marijuana paraphernalia in the motor vehicle
  • The driver violated Colorado traffic laws

For a first DUI of marijuana offense in Mississippi, an offender gets:

  • A fine between $250 and $1,000
  • A jail sentence of 48 hours
  • Suspension of driver's license for at least 90 days (driving privileges may be restored due to hardship, but not until 30 days have passed from the suspension date)

For a second DUI of marijuana offense in Mississippi, an offender risks:

  • A fine between $600 and $1,500
  • A prison sentence of at least five days and a maximum of one year
  • Community service between ten days and one year
  • A 2-year license suspension
  • The possibility of vehicle impoundment
  • The subjection of self to a thorough assessment to ascertain whether treatment is needed

A third and subsequent DUI of marijuana offense in Mississippi comes with:

  • Between $2,000 and $5,000 fines
  • A jail sentence between one year and five years
  • License suspension for five years
  • Seizure of motor vehicle

Can I Buy Medical Marijuana in Mississippi?

No. Currently, medical marijuana is not legal in Mississippi, and as such, there is no known legal sale of the drug. A ballot measure, Initiative 65, proposed that the Mississippi State Department of Health would develop a medical marijuana program that would enable qualifying medical patients to obtain medical marijuana. However, this was short-lived by the decision of the state Supreme Court to invalidate the initiative.

Where Can I Buy Medical Marijuana in Mississippi?

People often ask, "where can I buy marijuana?" Mississippi does not have any licensed medical marijuana dispensary as it is yet to legalize medical marijuana. As proposed by the invalidated Initiative 65, eligible medical patients were meant to purchase medical marijuana at Mississippi State Department licensed medical treatment centers. Following the approval to use CBD oil for medical purposes in 2014, only the National Center for Natural Products Research (NCNPR) at the University of Mississippi has been providing CBD oil while the Department of Pharmacy at the university's Medical Center dispenses it to qualified patients.

How Much is Medical Marijuana in Mississippi?

There is currently no set price for medical marijuana in Mississippi since both medical cannabis and recreational marijuana are still illegal. Efforts to design a medical marijuana card that was going to give qualified patients access to medical marijuana through the proposed medical marijuana program was stopped following the striking out of Initiative 65 by the Mississippi Supreme Court. Also, the sale of marijuana paraphernalia is illegal in the state.

How Much Cannabis Can I Legally Have?

Generally, marijuana use or possession is illegal in Mississippi. Although the state decriminalized possession of small amounts of cannabis, an offender can still get to face a fine but will not go to jail for a first offense. Possession of more than 30 grams of marijuana typically comes with severe penalties, including jail sentences.

Where is Weed Legal?

State Legal Status Medicinal Recreational
Alabama Criminalized No No
Alaska Decriminalized Yes Yes
Arizona Decriminalized Yes Yes
Arkansas Partly Decriminalized Yes No
Colorado Decriminalized Yes Yes
Connecticut Partly Decriminalized Yes Yes
Delaware Partly Decriminalized Yes Yes
District of Columbia Decriminalized Yes Yes
Florida Partly Decriminalized Yes No
Georgia Partly Decriminalized Accepts only CBD Oil No
Hawaii Partly Decriminalized Yes Yes
Idaho Decriminalized No No
Illinois Decriminalized Yes Yes
Indiana Partly Decriminalized Accepts only CBD Oil No
Iowa Partly Decriminalized Accepts only CBD Oil No
Kansas Decriminalized No No
Kentucky Partly Decriminalized Accepts only CBD Oil No
Louisiana Partly Decriminalized Yes No
Maine Decriminalized Yes Yes
Maryland Partly Decriminalized Yes Yes
Massachusetts Decriminalized Yes Yes
Michigan Decriminalized Yes Yes
Minnesota Partly Decriminalized Yes Yes
Mississippi Partly Decriminalized Yes Yes
Missouri Partly Decriminalized Yes Yes
Montana Decriminalized Yes Yes
Nebraska Decriminalized No Yes
Nevada Decriminalized Yes Yes
New Hampshire Partly Decriminalized Yes Yes
New Jersey Decriminalized Yes Yes
New Mexico Partly Decriminalized Yes Yes
New York Decriminalized Yes Yes
North Carolina Decriminalized No Yes
North Dakota Partly Decriminalized Yes Yes
Ohio Partly Decriminalized Yes Yes
Oklahoma Partly Decriminalized Yes No
Oregon Decriminalized Yes Yes
Pennsylvania Partly Decriminalized Yes No
Rhode Island Partly Decriminalized Yes Yes
South Carolina Decriminalized No No
South Dakota Decriminalized Yes Yes
Tennessee Decriminalized No No
Texas Partly Decriminalized Accepts only CBD Oil No
Utah Partly Decriminalized Yes No
Vermont Decriminalized Yes Yes
Virginia Partly Decriminalized Accepts only CBD Oil Yes
Washington Decriminalized Yes Yes
West Virginia Partly Decriminalized Yes No
Wisconsin Partly Decriminalized Accepts only CBD Oil No
Wyoming Decriminalized No No
In this section:
Mississippi Marijuana Limitations