Mississippi Marijuana Laws

Medical marijuana is legal in Mississippi, but it didn't happen overnight. Despite partial decriminalization in 1978 and the easing of restrictions on CBD (cannabidiol) in 2014, it wasn't until 2020 that Mississippi voters were able to pass a ballot initiative to legalize medical marijuana with overwhelming numbers.

Three-quarters of the voters opted for Initiative 65 over the much more restrictive Initiative 65A. But The will of Mississippians was thwarted as the Mississippi Supreme Court threw out both Initiative 65 and the entire ballot initiative process.

The GOP-led Mississippi House and Senate, along with Gov. Tate Reeves, settled for a compromise by passing SB 2095 in February 2022. The Mississippi Medical Cannabis Act created the Mississippi Medical Cannabis Program (MMCP), and sales of medical cannabis began in January 2023.

While medical marijuana is legal in Mississippi, it's limited in scope. Recreational cannabis remains illegal. Navigating the complex Mississippi marijuana laws can be tricky. Read on for a better understanding of how Mississippi cannabis laws work.

Mississippi Marijuana Laws Overview

Mississippi's cannabis regulations are somewhat restrictive and carry severe penalties. It's important to keep in mind that:

• Public use of marijuana is prohibited.
• Possession of marijuana or marijuana products is illegal for anyone not participating in the MMCP.

The first-time possession offense of up to 30 grams has been decriminalized and is only subject to a fine of up to $250. But there's a catch.

While possession is forgiven, the use of marijuana paraphernalia is still a criminal act and includes the bag the marijuana is being carried in. It's a misdemeanor that carries up to six months in jail and a fine of up to $500.

The Mississippi Department of Health (MDOH) oversees the MMCP and works with the Mississippi Department of Revenue on the regulation and taxation of cannabis. Development of the MMCP has lagged since the original implementation.

Bills calling for more minor cannabis charge forgiveness, an expungement policy, and the decriminalization of marijuana paraphernalia were all defeated in the Mississippi Legislature, in addition to the omnibus SB 2922, a plan for the expansion of medical marijuana services in the state.

Both Mississippi and federal law view marijuana as a Schedule I drug, as per the Controlled Substances Act. Surveys have shown that the majority of Americans want access to marijuana, but so far, the federal classification remains the same.

Unlike most states that have medical marijuana programs, Mississippi doesn't allow the cultivation of marijuana plants for personal use by patients. There are heavy penalties for growing by anyone other than licensed cultivation facilities.

The Mississippi Medical Cannabis Program (MMCP)

There is a process to become a patient in the MMCP. To be eligible, you must be living with at least one of the following qualifying conditions:

• Amyotrophic lateral sclerosis (ALS)
• Parkinson's disease
• Huntington's disease
• Muscular dystrophy
• Crohn's disease
• Post-traumatic stress disorder (PTSD)
• Glaucoma
• Spastic quadriplegia
• HIV/AIDS
• Cancer
• Autism
• Hepatitis
• Ulcerative colitis
• Sickle-cell anemia
• Alzheimer's disease
• Agitation of dementia
• Pain refractory to appropriate opioid management
• Diabetic/peripheral neuropathy
• Spinal cord disease or severe injury

Chronic terminal or debilitating diseases or medical conditions (or their treatment) that cause the following also qualify:

• Severe and persistent muscle spasms including, but not limited to, those characteristic of multiple sclerosis (MS)
• Cachexia or wasting syndrome
• Severe or intractable nausea
• Chronic pain
• Seizures

You must receive a written certification from a physician who is up-to-date on Mississippi medical cannabis training. If you're between the ages of 18 to 23 years old, you are required to get written certifications from two different physicians.

Within 60 days of receiving your certification(s), qualified patients must submit their application to the MMCP. If approved, you'll receive an electronic identification card and select the dispensary you wish to purchase from.

The MMCP views usable cannabis by MMCEUs - Mississippi Medical Cannabis Equivalency Units.

A single MMCEU is equal to one of the following:

• 3.5 grams (0.124 ounces) of medical cannabis flower
• 1 gram (0.0353 ounces) of medical cannabis concentrate
• 100 milligrams (0.00353 ounces) of THC (tetrahydrocannabinol) in infused products such as edibles, topicals, oils, and tinctures

Cannabis flower cannot have a potency of more than 30% THC. Cannabis edibles, oils, tinctures, topicals, or concentrates must have a potency equal to or lower than 60%.

MMCP Patients are subject to MMCEU purchasing limits on cannabis products. Mississippi marijuana laws impose the following caps on cardholders:

• 6 MMCEUs from any dispensaries during any rolling seven-day period
• 24 MMCEUs from any dispensaries during any rolling thirty-day period
• A limit of 28 MMCEUs in the cardholder's possession at any time

In some instances, Mississippi will offer reciprocity for medical marijuana cardholders from other states. They must apply 30 days before arrival and their card will be approved for 15 days. A non-resident cardholder is limited to 12 MMCEUs from dispensaries.

All medical marijuana purchases are subject to a 5% wholesale excise tax paid by the cultivator and the 7% state sales tax paid by the MMCP patient.

Mississippi Marijuana Law Penalties

In addition to what you've learned above, be aware that driving a motor vehicle while impaired by marijuana carries the same punishments as a DUI from alcohol does. The table below recaps important Mississippi laws and lists the penalties encountered for violating them.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Mississippi drug crime attorney to learn how these laws might apply to your unique situation.

Related Resources for Marijuana Laws:

• Medical Marijuana - An Overview
• Marijuana Decriminalization and Legalization
• Cannabis Law
• State Marijuana Laws
• MMCP Transparency Portal

Facing Marijuana Charges in Mississippi? Speak With an Attorney

The medical marijuana laws of Mississippi are restricted, and recreational marijuana remains illegal. It's not difficult to find yourself on the wrong side of Mississippi codes when it comes to cannabis use. Consider consulting a Mississippi criminal defense attorney if you find yourself in violation of the Mississippi Medical Cannabis Act or any other Mississippi medical marijuana laws.

An attorney will know how to deal with the state Department of Health and offer protections you weren't aware of.