Marijuana Laws in Mississippi

This article reviews current marijuana laws in the state of Mississippi and the sentences or penalties charged to those who break them. We welcome your questions at the end.

minute read

ARTICLE OVERVIEW: Marijuana is still a Schedule 1 substance in Mississippi. In fact, use of medical or recreational marijuana is illegal. Possession or sale result in serious consequences.


Is Marijuana Legal in Mississippi?

No. Marijuana is illegal for medical and recreational use in Mississippi. Yet, possession of the substance was decriminalized in 1978. However, cannabinoid products are allowed solely for medical use amongst those with severe seizure disorders.

Cannabinoid Oil

Cannabinoid oil, also known as CBD, is derived from the hemp plant and is a cousin of marijuana, However, CBD acts quite differently in the central nervous system. [1]

Most cannabinoid products contain 0.3% THC or less which means they won’t produce the psychoactive elements most commonly associated with cannabis.

In fact, cannabinoid oil has a large number of medical benefits. These include, but aren’t limited to relieving the following:

  • Anxiety
  • Inflammation
  • Intractable epilepsy
  • Pain
  • Psychosis
  • Seizures

In the state of Mississippi, cannabinoid oil is still heavily regulated but can be obtained for medical necessity. Particularly, it is prescribed for the treatment of severe seizure disorders.

Marijuana Laws in Mississippi

Marijuana is regulated in Mississippi under the Mississippi Code of 1972, also called the Miss. Ann. Code § 41-29-139. [2] This law outlines which drugs are legal and illegal in the state, as well as the penalties for use, possession, or distributions.

As mentioned, marijuana is currently illegal for recreational or medical use in Mississippi. There are certain cases where an individual may receive a medical card for cannabinoid oil, but these are rare, as medical professionals tend to seek out more traditional treatment in lieu cannabis. In fact, Mississippi is very strict about its marijuana laws. Under the Mississippi Code of 1979, marijuana possession of fewer than 30 grams can still result in jail time punishment. But most people will find themselves with a probation sentence instead due to decriminalization.

Still, there’s very little tolerance for marijuana in Mississippi. Those who decide to buy, sell, possess, or use it risk a great deal when it comes to the law. It must be remembered that marijuana is federally a Schedule I substance with no formally recognized medical value. So, just because it’s legal in other states doesn’t mean it’s okay smoke weed in Mississippi.


Even just holding a personal amount of marijuana can get you consequences within the state of Mississippi. The following are typical penalties for weed possession outlined by the Mississippi Code Title 41.

 AMOUNT OF MARIJUANA                                    PENALTY
Up to 30 grams  A fine of up to $250, jail time of up to 60 days, and mandatory drug education program.
 Up to 30 grams in a car  A fine of up to $1,000 and jail time of up to 90 days.
 Between 30 and 500 grams  A fine of up to $50,000 and a maximum of 8 years in prison.
 Between 500 grams and 1 kilogram  A fine of up to $250,000 and a maximum of 16 years in prison.
 Between 1 and 5 kilograms  A fine of up to $500,000 and a maximum of 24 years in prison.
 More than 5 kilograms.  A fine of up to $1,000,000 and a maximum of 30 years in prison.


If you’re caught selling cannabis, these laws differ. There are multiple reasons law enforcement may have the suspicion you’re trafficking marijuana even if they don’t catch you in the act. For example, if you’re caught in possession with a scale and little baggies, there’s the automatic assumption you’re trafficking. Penalties can all vary depending on your situation. For example, if you’re in a school zone and/or selling to minors, your punishments may be heightened.

The following penalties for selling marijuana are outlined under Mississippi Ann. Code 41-29-139(a):

AMOUNT OF MARIJUANA                                                        PENALTY
Selling up to 30 grams A fine of up to $3,000 and jail time of up to 3 years.
Selling between 30 grams and 1 kilogram  A fine of up to $30,000 and up to 20 years in prison.
Trafficking in a controlled substance This is when a single defendant makes two or more drug trafficking offenses within a 12-month time period. It’ll result in a fine of up to $1,000,000 and up to 30 years in prison.
Selling ten pounds of marijuana or more If you’re caught selling ten pounds of marijuana within a 12 month period, you’ll be punished of life in prison without parole. The only way to reduce your punishment is to help law enforcement in prosecuting others who violate either this or similar laws.

Marijuana DUI

Marijuana DUI laws are similar to alcohol DUI laws. The only major difference is you can face harsher penalties if you’re in possession of cannabis. Furthermore, there aren’t any ways to indicate how much marijuana you’re under the influence of, unlike the blood alcohol content evidence used for traditional DUIs.

Penalties for marijuana DUIs in the state of Mississippi become more strict the more times you drive under the influence. For the first offense, you can be sentenced up to 48 hours in jail, a fine between $250 and $1,000, and a 90-day license suspension. For the second offense, most people get between 5 days to 1 year in jail, a fine between $600 and $1,500, a 2-year license suspension, and an ignition interlock device. A third DUI marijuana offense can result in between 1 to 5 years in jail, a fine between $2,000 and $5,000, a 5-year license suspension, and an ignition interlock device.

In addition to these punishments, you may also be required to take driving courses and/or perform community service. Again, the consequence and penalty could be heightened depending on your circumstance.

Is Marijuana Addictive?

Yes! Marijuana is addictive like any other drug. [3]

Contrary to popular belief, marijuana contains both psychological and physical addictive qualities.  If a chronic user were to suddenly stop smoking marijuana, they’d experience withdrawals. Admittedly, these aren’t nearly as intense as something like heroin. But they remain a factor. The brain has become so accustomed to marijuana that it needs it to handle certain psychological symptoms. These include:

  • Anger
  • Anxiety
  • Concentration
  • Depression
  • Irritability
  • Mood Changes
  • Sleep patterns

Plus, people are likely to feel physical withdrawal symptoms, as well. You ever hear someone say they find it hard to go to bed at night without marijuana? Or they lose a sense of appetite? This is due to the fact that the body has adjusted to marijuana. Physical addiction can cause the following in individuals:

  • Aggression
  • Cravings
  • Difficulty falling asleep
  • Insomnia
  • Loss of appetite
  • Raise in body temperature
  • Restlessness
  • Sweating

If you or anyone you love is struggling with a marijuana addiction, there is help available.

Marijuana Treatment

Marijuana affects us differently and people use marijuana for a great variety of reasons. Therefore, people experience treatment differently as well. All reputable treatment facilities are aware of this and WILL NOT try to sell you something that “works for everyone”. If you run into such a statement, seek another treatment facility.

The following steps will be offered to you when you go through treatment. Each step should be completely fit your needs and provide you with everything you need to beat a marijuana addiction. These steps include:

1. Medical Assessment

Through a medical evaluation, facilities will be able to discover just what’s necessary for YOUR treatment. This will involve drug tests, interviews, and a full medical and family history.

2. Detox

Since marijuana addiction is primarily psychological, not everyone will need a detox. Still, some people may benefit from receiving a medically supervised marijuana detox, including chronic smokers who need to flush out their system….or people addicted to multiple drugs.

3. Psychological Treatment

When it comes to marijuana treatment, rehabs focus on the psychological elements of rehabilitation. Marijuana affects thoughts and beliefs. Many people use cannabis as a means of relieving emotional stress or handling day-to-day life. Psychological treatment seeks to change your thoughts, patterns, and beliefs so you no longer feel the need to use marijuana in order to relieve these struggles. Talk therapy is often the most common and effective therapy option. This therapy will be a combination of individual and group counseling.

4. Educational Sessions

During treatment, you’ll be offered the option to enroll in educational sessions. The goal of these is to teach you about how addiction and marijuana affect the brain. The goal is to keep you away from weed in the future to prevent relapse. The more you’re aware of the dangers, the less attractive the drug.

5. Supportive Services

Most treatment facilities offer supportive services following your treatment. These include vocational training, housing assistance, financial assistance, legal assistance, and medical assistance. Although, not everyone will need this, it’s good to know that these services can help.

Views on Marijuana

Over time, we expect that marijuana will be legal in Mississippi as it will be across the United States. Americans are opening up to the idea of both medical and recreational marijuana legalization and, with it becoming another tax revenue, lawmakers will eventually join the rest of the country. In fact, a recent Initiative Measure No. 48 proposed to legalize the use, cultivation, and sale of cannabis and industrial hemp. [4]

However, that isn’t to say the people of Mississippi are all for marijuana. Like other southern states, marijuana is still viewed as a Scheduled I substance… with a zero tolerance policy to those who use it in Mississippi. Therefore, it’s best to play it safe and avoid marijuana at all costs.

Your Questions

If you have any further questions pertaining to marijuana laws in the state of Mississippi or marijuana addiction and treatment, we invite you to ask them below. If you have any advice or information to share on these topics, we’d also love to hear from you. We try to reply to each comment in a prompt and personal manner.

Reference Sources: [1] FDA: Marijuana Questions and Answers
[2] Mississippi Code 1972, Title 41 Code Section 29
[3] National Institute on Drug Abuse: Is MJ Addictive?
[4] Mississippi Secretary of State – Legalization of Cannabis
Find Law: Mississippi Title 41 Code Section 29
Justia – Mississippi Code of 1979
Mississippi Code of 1972 Title 63. Motor Vehicles and Traffic Regulations
Mississippi Code Uniform Health-Care Decisions Act 41
National Center of Complementary and Integrative Health
National Institute on Drug Abuse: Drug Addiction Treatment in the United States
About the author
Lee Weber is a published author, medical writer, and woman in long-term recovery from addiction. Her latest book, The Definitive Guide to Addiction Interventions is set to reach university bookstores in early 2019.
I am ready to call
i Who Answers?