Weed Laws in Mississippi

Mississippi is located in the southeast region of the United States, and is home to a population of almost 3 million residents. 

Native American Mississippians developed a rich history of trade and agriculture throughout the south and northeastern U.S., and descendants of the Mississippians, the Choctaw and Chickasaw tribes, are still inhabitants of the land today. Residents and visitors can enjoy one of the state’s several casinos, or play a round of golf at one of the many beautiful courses in the state. Mississippi’s capital and largest city, Jackson, is known as the “City of Soul” and hosts dozens of nightclubs, giving guests a host of options that align with their musical tastes.

Mississippi recently legalized medical cannabis via Senate Bill 2095, but the state decriminalized the possession of fewer than 30 grams of cannabis in 1978. While the regulatory framework in Mississippi is still being developed and applications for cannabis business licenses and medical patients have not yet opened, the state hopes to roll out medical cannabis sales by the end of 2022.

Is Weed Legal in Mississippi?

YES, but only for medicinal purposes in the state of Mississippi, for people with a licensed medical marijuana card. 

Minors can qualify for the state’s MMJ program with consent from the parent(s) or legal guardian(s). Individuals under the age of 21 must have a parent or guardian act as caregivers and purchase and administer cannabis. 

The state of Mississippi Department of Health began accepting applications in July of 2022 for medical cannabis patients, medical practitioners, cultivators, processing, testing, waste disposal, and transportation. The Mississippi Department of Revenue is responsible for creating the regulatory framework for cannabis dispensaries and expects cannabis to be available for retail sale by late 2022. 

Weed Legalization in Mississippi

Mississippi decriminalized the possession of cannabis in small amounts in 1978. The possession of cannabis for non-medical marijuana patients for a first offense is a fine of $100 to $250 if carrying less than 30 grams. A second simple possession conviction within two years is a misdemeanor carrying a fine of $250 and up to 60 days in jail. Possession of any more than 30 grams of cannabis is a felony punishable by up to 3 years in prison and a fine of $1000. Possession of up to 0.1 gram of cannabis extract is a misdemeanor if a first offense with up to 1 year in jail. However, the possession of more than 0.1 grams is a felony that carries a minimum 2-year sentence.

In 2014, the state of Mississippi passed House Bill 1231, which legalized CBD oil containing no more than 0.5% of THC and more than 15% of CBD. The CBD oil had to be obtained and tested from the National Center for Natural Products Research and the Department of Pharmacy Services at the University of Mississippi. In November 2020, residents voted on measures 65 and 65A, both intending to legalize cannabis; however, voters could only choose one. Mississippi voters passed Measure 65, but unfortunately,  the Supreme Court of Mississippi overturned the measure on May 14th, 2021. In 2022, the Mississippi State Senate passed Senate Bill 2095. The Mississippi Medical Cannabis Act legalized the use and sale of medical cannabis to qualified patients.

The Mississippi Medical Cannabis Act does have several limitations, however. Licensed dispensaries in Mississippi are not permitted to sell cannabis trim or flower containing more than 30% THC or cannabis edibles, tinctures, oils, or concentrates that have more than 60% THC. Individuals between the ages of 18 and 25 will be required to have two written certifications from two different practitioners at different medical practices, with one being an MD or DO. Minors can qualify with consent from the parent(s) or legal guardian(s). Individuals under the age of 21 must have a parent or guardian act as caregivers and purchase and administer cannabis. 

Non-residents of Mississippi who have a medical marijuana card in their state and the required documentation are allowed to obtain a Mississippi medical marijuana card for a total of two 15-day periods per year.

Cannabis Tax in Mississippi

Medical patients in Mississippi will be able to purchase cannabis from state-licensed dispensaries. Cannabis will be taxed twice: once when sold to dispensaries and then again when sold to medical patients. Cannabis cultivators must charge a 5% excise tax to dispensaries at the time of purchase. An excise tax will also be due if cultivators sell to a processor or product is transferred between related entities. 

Dispensaries will be required to charge the state tax of 7% on purchases of medical cannabis. Individual cities like Jackson and Tupelo have also set special taxes that dispensaries will be responsible for. Other cities have passed an outright ban on cannabis stores and sales within their jurisdiction. The collected taxes are to be paid to the Mississippi Department of Revenue.

Is Cannabis Delivery Available in Mississippi?

NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of Mississippi. Currently, the proposed regulations prohibit the sale of cannabis products via delivery service.

Where Can You Legally Use Weed in Mississippi?

Medical cannabis patients can legally use cannabis in the following areas in Mississippi:

🗹 Private properties such as residences, unless prohibited by the owner

Cannabis CANNOT be consumed in:

X Public spaces

X Motorized vehicles, for both driver and passengers

What are the Restrictions on Cannabis Possession in Mississippi?

Mississippi has created a “Mississippi Medical Cannabis Equivalency Unit.” One unit of MMCEU is equal to the following:

• Three and a half grams of cannabis flower;
• One gram of cannabis concentrate; or
• One hundred milligrams of THC in an infused product.

Mississippi medical marijuana patients may possess up to:

• Cannabis products:  28 MMCEUs

Mississippi medical marijuana patients are limited to purchasing 6 MMCEUs per week and 24 MMCEUs per 30-day period unless stated otherwise on their patient card. According to Section 20;1614 of the Medical Cannabis Act, there will be no possession limit on non-consumable cannabis products such as a topical or suppository.  Non-resident medical marijuana patients are limited to 6 MMCEUs per week and 12 MMCEUs per 15-day period. 

The possession of cannabis for non-medical marijuana patients for a first offense is a fine of $250 if carrying less than 30 grams. A second offense is a misdemeanor, punishable by a fine of $250 and up to 60 days in jail. A third offense is also a misdemeanor, but the penalty is increased to $1,000 and is punishable by up to 6 months in jail. Possession of any more than 30 grams of cannabis is a felony punishable by up to 3 years in prison and a fine of $1000.

During vehicular transportation:

• Cannabis may either be in a sealed container, or
• Stored in the trunk of the vehicle

Frequently Asked Questions About Marijuana in Mississippi

Where can I buy medical marijuana in Mississippi?

Mississippi regulations have not yet been finalized for dispensaries. The Department of Public Health and Department of Revenue began accepting license applications starting in July of 2022 and expects retail sales to begin late 2022.

What is the fee for a Mississippi medical marijuana card?

The fee for a Mississippi medical marijuana card is $25. This state fee is separate from the cost of obtaining a medical cannabis evaluation from a qualified practitioner.

How long is a MS medical marijuana card valid?

A Mississippi medical marijuana card is valid for one year unless recommended otherwise by a qualified physician.

Can out-of-state patients buy medical marijuana in Mississippi?

Yes, out-of-state individuals who have a medical marijuana card in their state and the proper documentation from a physician may purchase and possess medical marijuana in Mississippi.

Who can get a Mississippi medical marijuana card?

Individuals with an eligible medical condition and who are approved by a qualified physician may apply for a medical marijuana card in Mississippi. Those under the age of 21 must have a parent or legal guardian serve as a caregiver to purchase and administer the cannabis products.

Can you grow medical cannabis at home in Mississippi?

No, medical marijuana patients in Mississippi are not allowed to cultivate cannabis at home. 

How much cannabis can a medical marijuana patient possess?

A medical marijuana patient can possess up to 28 MMCEUs, but there is no limit on non-consumable products such as topicals.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.