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Mississippi Marijuana Law

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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.

See

  • Miss. Ann. Code § 41-29-139 

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.

See

  • Miss. Ann. Code § 41-29-139(c) (2)(B) 

Possession of between 250 and 500 grams is a felony punishable by 2-8 years imprisonment and/or a maximum fine of $50,000.

See

  • Miss. Ann. Code § 41-29-139(c)(2)(B) 

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.

See

  • Miss. Ann. Code § 41-29-139 (c)(2)(B) 

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.

See

  • Miss. Ann. Code § 41-29-139 (c)(2)(B) 

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.

See

  • Miss. Ann. Code § 41-29-139(c)(2)(B) 

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.

See

  • Miss. Ann. Code § 41-29-139 (b)(2)(A)

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.

See

  • Miss. Ann. Code § 41-29-139 (b)(2)(A)

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.

See

  • Miss. Ann. Code § 41- 29- 139 (b)(2) 

Selling more than 1 kilogram is punishable by 10-40 years imprisonment and a maximum fine of $1,000,000.

See

  • Miss. Ann. Code § 41-29-139 (f) 

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.

See

  • Miss. Ann. Code § 41-29-139

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.

See

  • Miss. Ann. Code § 41-29-113

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.

See

  • Miss. Ann. Code § 41-29-139(a)-(b) 

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.

See

  • Miss. Ann. Code § 41-29-139(g) 

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.

See

  • Miss. Ann. Code § 41-29-139(c) 

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.

See

  • Miss. Ann. Code § 41-29-139(c) 

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.

See

  • Miss. Ann. Code § 41-29-139(c) 

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.

See

  • Miss. Ann. Code § 41-29-139(c) 

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.

See

  • Miss. Ann. Code § 41-29-139(c) 

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.

See

  • Miss. Ann. Code § 41-29-145

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.

See

  • Miss. Code Ann. § 411-29-142

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.

See

  • Miss. Ann. Code § 41-29-147 

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.

See

  • Miss. Ann. Code § 41-29-152

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.

See

  • Miss. Ann. Code § 41-29-139 (d)(1) 

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.

See

  • Miss. Ann. Code § 41-29-139 (d)(2)-(3) 

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.

See

  • Miss. Ann. Code § 41-29-139(d) (4)

Miscellaneous

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

See

  • Miss. Ann. Code § 63-1-71(1)

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.

See

  • Miss. Ann. Code § 41-29 -153. 
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.

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 in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Mississippi Drugged Driving

In Mississippi, a person is guilty of a DUI if he or she drives (1) while under the influence of any substance which has impaired such person’s ability to operate a motor vehicle, OR (2) while under the influence of a drug which is unlawful to possess under the Mississippi Controlled Substances Law. Miss. Code Ann. §§ 631130(1)(b),(d)(West 2009).

Implied Consent

  • Any person who operates a motor vehicle upon the public highways, public roads and streets of Mississippi shall be deemed to have given his consent to chemical tests of his breath, blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person’s ability to operate a motor vehicle. Id. § 63-11-5(1).
  • Refusal shall result in driver’s license suspension for 90 days. Id. § 63-11-5(2).
  • Any person arrested for refusal to submit to chemical tests under shall be informed that he has the right to telephone for the purpose of requesting legal or medical assistance immediately after being booked. Id. § 63-11-5(4).
  • Evidence of defendant’s refusal of test is admissible. Price v. State, 752 So. 2d 1070 (Miss. Ct. App. 1999).

Penalties

NOTE: Minimum penalties shall not be reduced.

  • First offense – fine of not less than $250, nor more than $1,000, OR imprisonment for not more than 48 hours, or both (the court may substitute attendance at a victim impact panel instead of 48 hours in jail); suspension of driving privileges for at least 90 days (privileges may be reinstated due to hardship, but not until 30 days have elapsed from effective date of suspension). Miss. Code Ann. § 63-11-30(2)(a) (West 2009).
  • Second offense (within 5 years) – fine of not less than $600 nor more than $1,500; imprisonment for not less than 5 days, nor more than 1 year; community service for not less than 10 days, nor more than 1 year; license suspension for 2 years; offenders vehicle may be subject to impoundment; offender will be subject to an in-depth diagnostic assessment to determine whether treatment is required. Id. § 63-11-30(2)(d); Id. § 63-11-30(2)(b).
  • Third offense (within 5 years) felony – fine of not less than $2,000, nor more than $5,000; imprisonment for not less than 1 year nor more than 5 years; offenders vehicle will be seized; license suspension for 5 years. Id. § 63-11-30(2)(c).

Sobriety Checkpoints

In Mississippi, law enforcement officials are entitled to conduct sobriety checkpoints under the federal Constitution.

Police officers checking driver’s licenses of all passing motorists did not violate constitutional rights. Police officers, with experience in drug recognition, smelled burned marijuana in vehicle and had probable cause to search vehicle. Miller v. State, 373 So.2d 1004 (Miss. 1979).

Case Law

Price v. State, 752 So. 2d 1070 (1999) — Evidence of defendant’s refusal of test is permissible argument for prosecutor on closing.

Beal v. State, 958 So.2d 254 (2007) — Evidence was sufficient to support conviction for DUI notwithstanding the fact that officer allowed defendant to drive from scene after receiving a call requesting assistance at an accident; officer observed marijuana on defendant’s clothing and noted that defendant’s eyes were bloodshot and that defendant stated that he had smoked marijuana a short time before the stop.