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 Information
Mississippi is certainly not a marijuana friendly state, but there is a glimpse of hope for progress for this traditionally conservative state. Penalties for possessing over 30 grams of marijuana are still very harsh, however, resulting in a felony conviction and two to 30 years imprisonment.
Fines can vary from $3,000 to a million bucks, depending on the amount of weed you were found possessing. The sale and cultivation of marijuana in Mississippi is generally considered a felony and carries extremely severe penalties, especially if sold to a minor or within a certain distance of a school or church. In these cases, incarceration periods and fines are doubled.
Selling over 1 kilogram makes you subject to 30 years imprisonment and a million dollar fine. If caught selling more than 10 pounds of marijuana, you could be looking at life imprisonment with a fine of one million dollars. If you find yourself in a pinch with the law, check out our Mississippi Cannabis Lawyers page for help!
On a positive note, Mississippi has decriminalized the possession of marijuana for personal use. Getting caught with 30 grams of marijuana or less (first offense) only carries a $250 fine and a civil summons with no arrest, criminal conviction, or jail time. Second and third offenses (with 30 grams or less) are punishable by five days to six months incarceration and a $500 maximum fine. The is no criminal conviction for the possession of 30 grams or less for second and third offenses, either.
Unfortunately, the legalization of recreational marijuana will not be on the ballot this November. Initiative 48 would have allowed adults 21 years and older to legally use marijuana and grow up to nine marijuana plants for personal use, while taxing marijuana sales at seven percent (excluding medical cannabis and industrial hemp). Additionally, the Governor would have been required to pardon anyone currently convicted of nonviolent cannabis crimes in Mississippi. This particular initiative required 107,216 valid signatures to get on the ballot, but organizers were unable to collect the minimum amount due to law enforcement interference.
Surprisingly, a Republican state representative is working to make medical cannabis available to seriously ill patients in Mississippi. Joel Bomgar introduced HB 1360, a bill that would have created a program where chronically ill patients with certain medical conditions would be able to safely and legally access and use medical cannabis with a doctor’s approval. Unfortunately, HB 1360 did not pass. However, in 2014, a very restrictive law passed in Mississippi that allowed only a very limited number of patients to benefit from medical marijuana. This is a step in the right direction for Mississippi, but it still leaves vast numbers of seriously ill patients without access to medical marijuana.
Is recreational marijuana legal in Mississippi?
No, recreational marijuana is not legal in Mississippi and is punishable by fines, incarceration, and criminal convictions. While there is no penalty or incarceration for possessing 30 grams or less as a first offense, Mississippi considers the possession of 30 grams or more a felony. Selling and trafficking marijuana are also considered a felonies and carry severe fines and long incarceration periods.
Is medical marijuana legal in Mississippi?
Yes, but – only low THC cannabis is allowed for patients with catastrophic seizure disorders in Mississippi. The Natural Product Laboratory at the University of Mississippi is the only place legally able to grow medical marijuana in Mississippi. So far, federal paperwork has prevented UMMC from conducting clinical trials on cannabis oil extract or distribute the cannabis oil. Medical marijuana is still legal, and only qualified patients can receive some legal protection.
How much will it cost?
Cannabis oil can only be accessed through the Natural Product Laboratory at the University of Mississippi. The purchase of medical cannabis is still illegal in Mississippi.
Can I get my Medical Card if I’m not a Mississippi resident?
No, you must be a resident of Mississippi with valid identification.
How can I apply to become medical marijuana patient?
First, you must be a resident of Mississippi suffering from a debilitating epileptic condition. You are required to request your medical records and a written document from a Mississippi licensed physician confirming your medical condition. Once you have acquired all the proper documents, then you can apply for the card through the state of Mississippi.
Can patients take purchases home if they live in another state or country?
The purchase of marijuana or recreational or medical use is illegal in Mississippi.
If marijuana is legalized can I still get into trouble?
You always risk getting in trouble at the federal level, but you shouldn’t get into trouble with officials in states where marijuana is legal. As long as you follow state guidelines, you shouldn’t have to worry. If you find yourself in a pinch with the law, check out our Mississippi Cannabis Lawyers page for help!
How can I work for change?
You can make a difference by making sure to vote in support of marijuana legalization anytime it gets on the ballot in Mississippi. Additionally, you can write Mississippi state legislators and your local newspaper in support of marijuana policy reform. If you’re a college student, you can get involved with the Students for Sensible Drug Policy and start a chapter at your school if there isn’t already one.
Is Recreational Cannabis legal in Mississippi? Can I buy Medical Marijuana in Mississippi? Are there any Dispensaries in Mississippi? Sadly the answer to all of