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Mississippi Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

30 g or less (first offense) not classified N/A $ 250
30 g or less (second offense) not classified 5* - 60 days $ 250
30 g or less (third offense) not classified 5 days* - 6 mos $ 500
30 - 250 g felony 3 years $ 3,000
250 - 500 g felony 2* - 8 years $ 50,000
500 g - 5 kg felony 6* - 24 years $ 500,000
5 kg or more felony 10* - 30 years $ 1,000,000
In any part of a vehicle besides the trunk misdemeanor 90 days $ 1,000
* Mandatory minimum sentence

Sale

Less than 1 oz felony 3 years $ 3,000
1 oz - 1 kg felony 20 years $ 30,000
1 kg - 10 lbs felony 30 years $ 1,000,000
More than 10 lbs felony life $ 1,000,000
To a minor or within 1500 feet of a school, church, or other designated area is a felony that carries double incarceration period and fines.

Cultivation

See Possession and Sale sections for details.

Hash & Concentrates

Possession of .1 g or less misdemeanor or felony 1 - 4 years $ 10,000
Possession of .1 g - 2 g felony 2* - 8 years $ 50,000
Possession of 2 g - 10 g felony 4* - 16 years $ 250,000
Possession of 10 g - 30 g felony 6* - 24 years $ 500,000
Possession of more than 30 g felony 10* - 30 years $ 1,000,000
Sale, barter, manufacture, transfer, or distribution N/A 30 years $ 1,000,000
Trafficking N/A 30 years* $ 1,000,000
*Mandatory Minimum Sentence

Paraphernalia

Possession of paraphernalia misdemeanor 6 mos $ 500

Miscellaneous (license suspensions, civil damages, etc...)

Any conviction will result in a 6 month driver's license suspension.
Subsequent convictions will result in double penalties.

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.

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