Mississippi

Is Weed Legal in Mississippi?

Partially. Medical marijuana was recently legalized with the passing of Initiative 65, sponsored by Medical Marijuana 2020. The most recent, significant attempt to legalize marijuana before this was the 2016 Mississippi Marijuana Legalization Amendment (Initiative 48). It would have legalized the recreational use of marijuana for those 21 and older, along with allowing the personal growth of up to 9 marijuana plants and a 7% proposed cannabis tax. However, this was shot down and did not make it to the 2016 ballot.

Four years later, Mississippi moved forward with enough support (more than 228,000 petitions were signed) to place medical marijuana on the 2020 ballot. The bill passed with an astonishing 74% support from the voting public. The medical marijuana program in Mississippi will start in August 2021 and will allow 2.5 ounces of marijuana to be purchased within a 14-day period.

Buying Marijuana in Mississippi 

There is currently no way to legally buy marijuana in Mississippi, but the state will hopefully keep on track to start medical marijuana sales in 2021. 

Buying Marijuana at a Retail Location

For now, it is not possible to purchase marijuana at any retail location, regardless of the recent passing of Initiative 65. While the state is required to issue medical marijuana cards by August, 2021, it will likely take more time for patients to have access to dispensaries.

Using a Marijuana Delivery Service

It is unclear at this time if medical marijuana patients will have access to marijuana delivery services in Mississippi. While Initiative 65 legalized the medical use of cannabis, there are more regulations to be set. We will update this section when the market regulations are finalized!

Store Hours

Once marijuana dispensaries are open, we will update this section with available hours. For now, keep checking in for more updates on Mississippi marijuana law and regulation. 

Purchasing Restrictions

Medical marijuana consumers are able to purchase up to 2.5 ounces in a 14 day period. It is unclear at this time if there will be further restrictions on products or if patients will be able to purchase more marijuana if needed. Stay tuned!

Available Products

It is currently unknown if the cannabis market will be restrictive toward the types of products available. We will keep this section updated as more regulations are set for the market.

Taxes on Marijuana in Mississippi

Taxes on Recreational Marijuana in Mississippi

There are currently no taxes on recreational marijuana because of its legal status. While there are currently no current initiatives for recreational marijuana legalization, please stay tuned for more information and join the conversation if you’re looking for marijuana regulation change. 

Taxes on Medical Marijuana in Mississippi

While the final regulations have not been finalized, cannabis for medical use may not be taxed more than the state sales tax, which is currently 7%. Check back for more information!

Possession

While marijuana has been decriminalized in Mississippi, that does not mean it is in any way legal without a proper medical marijuana card. Decriminalization protects individuals from severe punishment so long as they possess less than 1-ounce of marijuana, but the penalty increases with each offense. Additionally, the consequences of being caught become tremendously severe if you possess more than the nominal 1-ounce amount. Below are the current penalties, fines, and charges for the possession of marijuana in Mississippi:

Possession for Personal Use:

• 1 ounce or less: a max fine of $250 for a first offense

  • 2nd offense: charged as a misdemeanor with up to 60 days in jail and a max fine of $250

  • 3rd offense: charged as a misdemeanor with up to 6 months in jail and a max fine of $1,000

• 1 – 8.5 ounces: charged as a felony with up to 3 years in jail and a max fine of $1,000

• 8.5 – 17.5 ounces: charged as a felony with up to 8 years in jail (2-year minimum) and a max fine of $50,000

• 17.5 – 35 ounces: charged as a felony with up to 16 years in jail (4-year minimum) and a max fine of $250,000

• 35 – 176 ounces: charged as a felony with up to 24 years in jail (6-year minimum) and a max fine of $500,000

• 176 ounces or more: charged as a felony with up to 30 years in jail (10-year minimum) and a max fine of $1,000,000

Please note that getting caught with less than 1-ounce of marijuana while in a vehicle (unless stored in the trunk) will still result in a misdemeanor with up to 90 days in jail and a max fine of $1,000. Getting caught with hash or concentrates will likely result in a felony, heavy fines, and jail time, regardless of the amount. Possession of any paraphernalia may result in a misdemeanor with up to 6 months in jail and a max fine of $500. Additionally, if you are caught selling marijuana to a minor or within 1,500 feet of a school or church, it will result in a felony and double the standard fine and jail time. 

Using Marijuana in Mississippi

Mississippi does not currently allow the use of cannabis for recreational use, but medical marijuana patients may smoke in the privacy of their own homes.

Smoking on Federal Lands

It remains illegal to possess cannabis on federal land (even if you’re a medical marijuana patient). Since marijuana is a Schedule I drug and federally illegal, the possession and subsequent use of any cannabis on federal land will result in being charged against federal law. The most common forms of federal land are national parks and forests. So, regardless of state legality, it will remain illegal to use marijuana in places like Natchez National Historical Park, the Natchez Trace Trail, Vicksburg National Military Park, and the Mississippi Gulf National Heritage Area. 

Medical Marijuana in Mississippi

Individuals with qualifying medical conditions will be able to purchase up to 2.5 ounces of marijuana throughout a 14-day period and remain protected from the laws. While the market still remains to be put in place, check back here for more information!

How to Get a Medical Marijuana Card in Mississippi

There is currently no way to get a medical marijuana card in Mississippi, but the state is required to issue cards to patients before August 2021. 

Out of State Medical Cards

It is currently unclear whether or not Mississippi will offer reciprocity for out of state medical marijuana cards. Check back for more information soon!

How to Transport Marijuana in Mississippi

Transporting Marijuana in Mississippi

While the regulations have yet to be set for transporting medical marijuana in Mississippi, we presume that it will be similar to most state’s laws. Typically, those with a valid medical marijuana card are able to possess cannabis in their car as long as it is out of reach of the driver and in a sealed container. We will be sure to keep this section updated with more information. 

Driving While Under the Influence of Marijuana

It is never legal to drive under the influence, no matter what state you’re in. Anyone will be subject to a DUI in Mississippi if they are found to be under the influence of a drug that impairs their senses while operating a vehicle. If you refuse a drug test, your driver’s license will be suspended for 90 days and said refusal becomes admissible in court. Be responsible and do not drive while under the influence of any drug, including marijuana. 

Driving Across State Lines with Marijuana

Similar to laws that do not allow the possession of marijuana on federal land, it is illegal to transport marijuana across state lines. Even if Mississippi legalizes medical and/or recreational marijuana, it will still be illegal to drive across state borders while it is in your possession.

Growing Marijuana in Mississippi

While medical marijuana has been legalized with the passing of Initiative 65, it is unclear whether or not patients will be able to grow their own cannabis. Check back for more details!

Resources

• https://norml.org/laws/mississippi-penalties-2/
• https://norml.org/laws/drugged-driving/mississippi-drugged-driving/
• https://www.medicalmarijuana2020.com/
• https://www.mpp.org/states/mississippi/
• https://www.sos.ms.gov/content/InitiativesPDF/Proposed%20Initiative%20Measure.pdf
• https://ballotpedia.org/Mississippi_Marijuana_Legalization_Amendment,_Initiative_48_(2016)
• https://www.medicalmarijuana2020.com/initiative-65-vs-alternative-65a
• https://www.nps.gov/state/ms/index.htm