LEARN | LAWS & REGULATIONS
Is weed legal in Mississippi?
Medical marijuana will be legal in Mississippi in 2021. Cannabis for recreational use remains illegal. CBD oil with at least 15% CBD and no more than 0.5% THC is legal for patients with debilitating epilepsy.
Cannabis is decriminalized statewide. Possession of up to 30 grams (1 ounce) of cannabis or 10 grams of synthetic cannabinoids is punishable by a fine of $100 to $250 for the first offense. Subsequent offenses and possession of larger amounts carry greater penalties.
In 2014 Gov. Phil Bryant signed HB 1231 , or “Harper Grace’s Law,” named after Harper Grace Durval, a young girl with a severe form of epilepsy. The law provides an affirmative defense to patients who suffer from a debilitating epileptic condition and their parents or guardians for the possession and use of CBD oil or resin that contains at least 15% CBD, or if in liquid form at least 50 milligrams of CBD per milliliter, and no more than 0.5% THC.
CBD oil may only be procured by order of a doctor licensed to practice in Mississippi, and administered under the supervision of the physician. Only patients diagnosed with epilepsy or a related illness, or their parent or guardian, can buy or possess CBD oil.
Mississippians approved Initiative 65 in the November 2020 election, which legalizes the use of cannabis as a medical treatment for 22 qualifying conditions. Patients will be allowed to possess up to 2.5 ounces of cannabis. It set up a process for physicians to recommend medical marijuana for patients with debilitating conditions and allow those patients or their caregivers to purchase, possess, and consume cannabis medicine.
The measure also required the Department of Health to set up the system and begin issuing patient ID cards and dispensaries licenses by August 2021. The state legislature had put forth an alternative proposal, Initiative 65A , leaving all the details up to an unnamed state agency while requiring it to seek the input of health-care practitioners in the program design. Voters chose the more direct path to medical marijuana legalization.
Where is it safe to purchase?
CBD oil may only be obtained from the University of Mississippi Medical Center’s Department of Pharmacy Services.
Where is it safe to consume?
Qualified patients may consume approved cannabis-derived medicines in their home. Consumption in public is prohibited.
Mississippi Medical Marijuana Program
The only qualifying condition in Mississippi is debilitating epilepsy or related conditions.
What are the laws on possession of small amounts of marijuana in Mississippi?
Small amounts of marijuana have been decriminalized in Mississippi since the 1970s. Possession of up to 30 grams (1 ounce) of cannabis or 10 grams of synthetic cannabinoids is punishable by a fine of $100 to $250 for the first offense. Subsequent offenses and possession of larger amounts carry greater penalties.
When will marijuana be legal in Mississippi?
While we can’t predict the future, we know that Mississippians can petition to have a vote on recreational cannabis legalization added to the ballot. Usually states legalize medical marijuana first, which is also true in Mississippi’s case. Mississippians approved Initiative 65 in the November 2020 election, which legalizes the use of cannabis as a medical treatment for 22 qualifying conditions. Patients will be allowed to possess up to 2.5 ounces of cannabis. The Mississippi Department of Health must adopt all rules and regulations for the medical program by July 1, 2021, and begin issuing identification cards and treatment center licenses by August 15, 2021.
This page was last updated November 4, 2020.
View the cannabis & CBD laws & regulations for Mississippi.
Mississippi Marijuana Laws
Updated September 2019
Despite it’s conservative background, Mississippi is making progress when it comes to fair access to cannabis. Mississippi also has a unique history with cannabis, as Ole Miss (University of Mississippi) has been the country’s sole producer of federally legal marijuana in the United States. Learn more about Mississippi marijuana laws below.
Recreational Marijuana in Mississippi
Is marijuana legal in Mississippi? No. However, while Mississippi is unlikely to pursue full legalization of marijuana any time soon, the state has had decriminalization policies in place since 1978. Under the decriminalization policies, possession of up to 30 grams of marijuana is punishable only by a fine of up to $250. However, repeat offenses and possession of greater amounts can lead to jail time.
Possession and sale of 30 grams and above is a felony punishable by jail terms ranging from 3 years to 30 years and fines ranging from $3000 to $1000,000. If sale is made to a minor (and that too within designated areas such as schools and churches) carries double fines and jail terms. The state of Mississippi also imposes minimum mandatory sentences on possession of recreational marijuana, the highest being 10 years in case of possession of 5kg or more.
Progress may be on the horizon in the state. Advocates are currently working to collect 100,000 signatures in order to get Ballot Initiative 48 in front of voters in the 2016 election.
Medical Marijuana in Mississippi
Medical marijuana is illegal in Mississippi, in spite of a very limited low-THC law being adopted in 2014. As with most “Low THC” medical laws, only patients with intractable epilepsy qualify for access to the cannabis oil, which is provided by the University of Mississippi. The cannabis oil must contain less than 0.5% THC.
Unfortunately, the state has gone no further in creating access to medical marijuana.
CBD from Hemp Oil in Mississippi
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
Cultivation of Cannabis in Mississippi
Cultivation of cannabis is illegal in Mississippi outside of the University of Mississippi’s tightly regulated growing program for research
Legal Status of Other U.S. States
Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.
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