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Mississippi Cannabis Laws | Compliant Seed to Sale Software

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Mississippi Cannabis Laws & Penalties

Offense 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 g or less (third offense) Misdemeanor 5 days* – 6 months $ 1,000
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
5 g or more Felony 5 – 20 years $ 20,000
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
Trafficking N/A 30 years* $ 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.

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.

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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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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  • 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.

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Miscellaneous

Any conviction will result in a 6-month driver’s license suspension.

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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.

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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.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. 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. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

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 CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC to treat severe, debilitating epileptic conditions.

The state legal marijuana laws in this blog may not reflect the most recent legal marijuana state laws. As such, please verify the status of the state legal marijuana laws you are researching with the state legislature before relying on it for your legal needs.

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Adam Klock
20+ years FDA compliance in pharmaceutical, biotech, and medical device industries, including industry related software development, process engineering/manufacturing and process design experience. Expert in quality program assessment and remediation. Specialize in the auditing, development, and validation of regulated software systems / quality processes associated with drugs, medical devices, and dietary supplements.

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