Many states have enacted recreational marijuana laws and medical marijuana laws. The federal government passed the Hemp Bill which makes the use of hemp-based CBD products legal at the federal level. Mississippi has not always followed the federal trends, however, so what is legal in one state may not be legal here.
Recreational marijuana in Mississippi
According to Medical Marijuana Inc, the following Mississippi marijuana laws apply:
- Mississippi has decriminalized the possession of up to 30 grams (about one ounce) of marijuana. Possession of this low amount results in a fine of up to $250.
- If the person is convicted of possessing more than 30 grams or a repeat offense, the person possessing marijuana can be imprisoned.
- Mississippi does have minimum mandatory sentences for the possession of recreational marijuana which can result in long prison sentences and large fines. For example, there’s a 10-year sentence for possession of 5kg or more.
- The sale of any amount of marijuana is a felony. If convicted of the sale of less than 30 grams, you can be sentenced up to three years and ordered to pay up to $3,000 in fines. If you’re convicted of selling more than 250 grams, you can face 3 to 30 years in jail and $15,000 in fines. If you sell to a minor (within 1,500 feet of a church, school, or drug-free zone), the jail time and fines are doubled.
According to Marijuana and the Law, “possession of any amount of cannabis in any part of a vehicle besides the trunk is a misdemeanor and is punishable by up to 90 days in jail and $1,000.”
Cultivating marijuana can be charged as either a possession offense or a sales offense – depending on the circumstances. Possession or sale of marijuana paraphernalia can also lead to criminal charges.
Medical marijuana laws in Mississippi
Until recently, medical marijuana was only approved for people with intractable epilepsy. In November, however, Mississippi passed Initiative 65, which “allows doctors to prescribe up to 5 ounces (142 grams) of marijuana per month for people who have at least one of more than 20 serious medical conditions.” The full list of conditions includes:
- Amyotrophic lateral sclerosis
- Opioid management
- Post-traumatic stress disorder
- HIV positivity
Only licensed treatment centers will be able distribute medical marijuana. The amendment will be enforced by the Mississippi State Department of Health.
Cannabis extracts (CBD oil) can be used provided it “contains no less than 15 percent cannabidiol and no more than half a percent THC.” The CBD oil can be obtained from the University of Mississippi.
At Taylor Jones Taylor, our Southaven drug offense lawyers have more than 50 years’ experience contesting marijuana possession and other marijuana criminal charges. We fight to exclude evidence that is illegally seized. We work to show the amount of the drugs Is less than charged. Our Mississippi defense lawyers assert other defenses too such as arguing the state can’t prove you possessed the drugs. We provide strong advocacy for defendants in Olive Branch, Southaven, Hernando, and other Mississippi locations. To arrange an appointment, give us a call today at 662.342.1300 or fill out our contact form.
Taylor Jones Taylor is a Mississippi law firm concentrating on personal injury, criminal defense, and family law. Since 1964, their attorneys have been there for the people of Southaven when they were needed the most. To learn more about us, check out our home page.