| Penalty | Incarceration | Max. Fine | |
|---|---|---|---|
Possession |
|||
| 30 g or less (first offense) | N/A | N/A | $ 250 |
| 30 g or less (second offense) | Misdemeanor | 5* - 60 days | $ 250 |
| 30 - 250 g | Felony | 1 - 3 years | $ 1,000 |
| 250 - 500 g | Felony | 2* - 8 years | $ 50,000 |
| 500 g - 1 kg | Felony | 4* - 16 years | $ 250,000 |
| 1 - 5 kg | Felony | 6* - 24 years | $ 500,000 |
| 5 kg or more | Felony | 10* - 30 years | $ 1,000,000 |
| 30 g or less in any part of a vehicle besides the trunk | Misdemeanor | 90 days | $ 1,000 |
| * Mandatory minimum sentence | |||
Sale |
|||
| Up to 30 g | Felony | 3 years | $ 3,000 |
| 30 - 250 g | Felony | 5 years | $ 5,000 |
| 250 - 500 g | Felony | 3 - 10 years | $ 15,000 |
| 500 g or more | Felony | 5 - 20 years | $ 20,000 |
| 1 kg or more (trafficking) | Felony | 10* - 40 years | $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 year | $ 1,000 |
| Possession of .1 g - 2 g | Felony | 3 years | $ 50,000 |
| Possession of 2 g - 10 g | Felony | 8 years | $ 250,000 |
| Possession of 10 g - 30 g | Felony | 3 - 20 years | $ 500,000 |
| Possession of more than 30 g | Felony | 30 years | $ 1,000,000 |
| Sale, barter, manufacture, transfer, or distribution | N/A | 30 years | $ 1,000,000 |
| Sale of less than 2g | Felony | 8 years | $50,000 |
| Sale of 2 g - 10 g | Felony | 3 - 20 years | $250,000 |
| Sale of 10 g - 30 g | Felony | 5 - 30 years | $500,000 |
| Trafficking (sale of 30 g or more) | Felony | 10* - 40 years | $1,000,000 |
| Aggravated Trafficking (sale of 200 g or more) | Felony | 25 years*- life | $1,000,000 |
| *Mandatory Minimum Sentence | |||
Paraphernalia |
|||
| Possession of paraphernalia | Misdemeanor | 6 months | $ 500 |
Miscellaneous |
|||
| Any conviction will result in a 6 months driver's license suspension. | |||
| Subsequent convictions will result in double penalties. | |||
| Updated May 11, 2023 | |||
Penalty Details
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 $1,000.
- Miss. Ann. Code § 41-29-139 Web Search
Possession of between 30 and 250 grams is a felony punishable by a maximum of 3 years imprisonment and/or a maximum fine of $3,000, or by up to one year imprisonment and a maximum fine of $1000.
- Miss. Ann. Code § 41-29-139(c) (2)(B) Web Search
Possession of between 250 and 500 grams is a felony punishable by 2-8 years imprisonment and/or a maximum fine of $50,000.
- Miss. Ann. Code § 41-29-139(c)(2)(B) Web Search
Possession of between 500 grams and 1 kilogram is a felony punishable by 4-16 years imprisonment and/or a maximum fine of $250,000.
- Miss. Ann. Code § 41-29-139 (c)(2)(B) Web Search
Possession of between 1 and 5 kilograms is a felony punishable by between 6 and 24 years in prison and/or a maximum fine of up to $500,000.
- Miss. Ann. Code § 41-29-139 (c)(2)(B) Web Search
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.
- Miss. Ann. Code § 41-29-139(c)(2)(B) Web Search
Sale
Selling up to 30 grams of marijuana is a felony punishable by up to 3 years imprisonment and/ or a maximum fine of $3,000.
- Miss. Ann. Code § 41-29-139 (b)(2)(A) Web Search
Selling between 30 grams and 250 grams is a felony punishable by a maximum sentence of 5 years imprisonment and/or a maximum fine of $5,000.
- Miss. Ann. Code § 41-29-139 (b)(2)(A) Web Search
Selling between 250 grams and 500 grams is punishable by 3-10 years imprisonment and a maximum fine of $15,000.
Selling between 500 grams and 1 kilogram is punishable by 5-20 years imprisonment and/or a maximum fine of $20,000.
- Miss. Ann. Code § 41- 29- 139 (b)(2) Web Search
Selling more than 1 kilogram is punishable by 10-40 years imprisonment and a maximum fine of $1,000,000.
- Miss. Ann. Code § 41-29-139 (f) Web Search
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.
- Miss. Ann. Code § 41-29-139 Web Search
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
Under the Mississippi Code, hashish is defined as the resin extracted from the cannabis plant and any preparation, derivative, or mixture of that resin.
- Miss. Ann. Code § 41-29-113 Web Search
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.
- Miss. Ann. Code § 41-29-139(a)-(b) Web Search
Trafficking 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.
- Miss. Ann. Code § 41-29-139(g) Web Search
Possession of .1 gram or less of hashish is a misdemeanor and is punishable by up to 1 year imprisonment and/or a maximum fine of $1000.
- Miss. Ann. Code § 41-29-139(c) Web Search
Possession of between .1g and 2g of hashish is a felony punishable by a maximum of 3 years imprisonment and/or a fine no greater than $50,000.
- Miss. Ann. Code § 41-29-139(c) Web Search
Possession of between 2g and 10g of hashish is a felony, punishable by a maximum of 8 years imprisonment and/or a fine no greater than $250,000.
- Miss. Ann. Code § 41-29-139(c) Web Search
Possession of between 10g and 30g of hashish is a felony punishable by 3-20 years imprisonment and a fine of no more than $500,000.
- Miss. Ann. Code § 41-29-139(c) Web Search
Possession of more than 30g of hashish is a felony punishable by 10-40 years in prison and a fine of no more than $1,000,000.
- Miss. Ann. Code § 41-29-139(c) Web Search
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.
- Miss. Ann. Code § 41-29-145 Web Search
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.
- Miss. Code Ann. § 411-29-142 Web Search
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.
- Miss. Ann. Code § 41-29-147 Web Search
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.
- Miss. Ann. Code § 41-29-152 Web Search
Paraphernalia
Using, or possessing paraphernalia is a misdemeanor, punishable by up to 6 months in jail and a maximum fine of $500. This does not apply to individuals convicted of possession of 30 grams of marijuana, approximately one ounce or less; in that case the possession punishment would be the only penalty.
- Miss. Ann. Code § 41-29-139 (d)(1) Web Search
Selling paraphernalia is a misdemeanor, punishable by up to a $500 fine or up to 6 months in jail. Additionally, selling paraphernalia to a minor is punishable of up to $1,000 and/or up to one year in jail.
- Miss. Ann. Code § 41-29-139 (d)(2)-(3) Web Search
It is illegal to advertise the sale of paraphernalia in any print or electronic publication. The penalty for such activity is a fine of up to $500 and/or 6 months in jail.
- Miss. Ann. Code § 41-29-139(d) (4) Web Search
Miscellaneous
Any conviction will result in a 6-month driver’s license suspension.
- Miss. Ann. Code § 63-1-71(1) Web Search
Possession of between one and 30 grams kept in a vehicle is punishable of a fine up to $1,000 and up to 90 days in jail. This applies to areas in the vehicle occupied by drivers or passengers including the utility or glove compartment but does not apply to the trunk.
An automobile will not be subject to a forfeiture for conviction for possession for less than 30 grams of marijuana, for possession of between 1 and 30 grams in a vehicle or possession of more than 30 but less than 250 grams.
- Miss. Ann. Code § 41-29 -153. Web Search
Last Updated May 11, 2023
More Information
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
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 Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.