Mississippi is a southern state in the United States with a rich cultural history. Known as the Magnolia State, it is named after the magnolia tree that is abundant in the area. Mississippi is home to several notable landmarks, including the Mississippi River, the Natchez Trace Parkway, and the blues music capital of the world, Clarksdale. The state is also famous for its delicious Southern cuisine, including dishes such as fried catfish, hushpuppies, and pecan pie. Is weed legal in Mississippi? Well, there are some updates on a pending medical program. Read on to discover the newest updates.
Is Weed Legal in Mississippi? Straight to the point.
- Recreational THC: No
- Medical THC: Yes
- CBD: Yes
- Delta-8: Yes
Medical Weed Laws
Medical marijuana was legalized in Mississippi on November 3, 2020, when voters approved Initiative 65, which amends the state constitution to establish a medical marijuana program. However, the Mississippi Supreme Court overturned the initiative process in May 2021, delaying the program’s implementation.
The Mississippi Medical Marijuana Act was finally signed into law by Republican Governor Tate Reeves on February 2, 2022, and went into effect immediately. However, the process of creating regulations and establishing businesses took several months, and some communities chose not to allow facilities that cultivate or sell cannabis products.
To obtain a medical cannabis card in Mississippi, patients must have a qualifying medical condition or terminal illness. They must also obtain a physician’s certification stating that medical cannabis may be beneficial for their condition, and they must register with the Mississippi Department of Health to obtain a medical cannabis identification card.
Qualifying conditions for medical cannabis in Mississippi are but are not limited to:
- Cancer
- Parkinson’s disease
- Huntington’s disease
- Muscular dystrophy
- Glaucoma
- Spastic quadriplegia
- HIV
- AIDS
- Hepatitis
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn’s disease
- Ulcerative colitis
- Sickle-cell anemia
- Alzheimer’s disease
- Dementia
- PTSD
- Autism
- Pain refractory to appropriate opioid management
- Diabetic/peripheral neuropathy
- Spinal cord disease or severe injury
Additional qualifying conditions include a chronic terminal or debilitating disease or medical condition or its treatment that produces one or more of the following:
- Cachexia or wasting syndrome
- Chronic pain
- Severe or intractable nausea
- Seizures
- Severe and persistent muscle spasms including, but not limited to, those characteristic of multiple sclerosis
Buying limits for medical cannabis products in Mississippi are not specifically defined in the state’s current medical cannabis law. However, licensed dispensaries are expected to follow regulations for limiting the amount of medical cannabis that a patient can purchase within a specific timeframe, usually a 30-day supply which is 3.5 grams of medical cannabis each day, for a total of six days each week. This means that they can buy up to 21 grams or approximately 3 ounces of medical cannabis each month.
Recreational Weed Laws
Trends show that many states with medical marijuana programs usually move towards adult-use recreational legalization. However, recreational weed’s regulatory environment tends to be far more complex. Although many states maintain their medical programs to support patients, the same rules do not apply to the general public once recreational marijuana is legalized. Possession limits may vary, as well as the consequences for using marijuana outside of the state-mandated guidelines. See below for more information about the current legal status and recreational legalization efforts.
Is Weed Decriminalized in Mississippi?
Although weed is illegal in Mississippi, first-time offenses for cannabis possession of fewer than 30 grams are considered a fine-only offense. That means that there will be no jail time, but the total fine will be based on the exact amount found in possession.
Cannabinoid Variants
As the popularity of CBD continues to grow, many people are curious about its legal status in their state. Here is where Mississippi stands on cannabinoid variants.
Is CBD legal in Mississippi?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. Yes, you can purchase and consume CBD legally in Mississippi.
Is Delta-8 legal in Mississippi?
The 2018 farm bill made hemp and its derivatives, like CBD, Delta-8 THC, and other variations, legal. Despite the belief of some states and individuals that Delta-8 is still prohibited like Delta-9, it is actually legal to purchase and consume in Mississippi. The key is that the Delta-8 must be sourced from hemp, not marijuana, and contain less than 0.3% THC.
Is Delta-10 legal in Mississippi?
Similar to CBD and Delta-8, Delta-10 is permissible to possess and consume in this state so long as it comes from hemp and contains the legal limits of THC.
Are THC-O and other THC variants legal in Mississippi?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Mississippi?
Thanks to the 2018 Farm Bill, growing hemp and its derivatives became lawful at the federal level. According to the law, cannabis derivatives containing less than 0.3% THC by weight are permitted. Products like gummies and vape carts containing HHC and HHC-O comply with this legal standard. Luckily for Mississippians, this law extends to HHC and HHC-O, making it permissible for individuals in the United States, including Mississippians, to purchase and consume them.
Cultivation Laws
In Mississippi, there is currently no legal framework for individuals to grow cannabis, even for personal medical use. Cultivating cannabis, regardless of its intended use, is considered illegal under state law.
However, Mississippi has recently passed a medical marijuana program that allows licensed businesses to cultivate and sell cannabis to qualifying patients. As of now, the regulations regarding the number of plants that a licensed business can cultivate are still being determined.
It’s important to note that growing cannabis for personal use is not the same as growing cannabis to sell. Growing cannabis with the intent to sell, distribute, or exchange it is a serious offense that can result in legal penalties, including fines and imprisonment.
Therefore, it is crucial to follow the legal regulations and obtain a proper license if you intend to cultivate cannabis for medical or commercial purposes in Mississippi.
Obtaining a Medical Marijuana Card in Mississippi
To obtain a medical marijuana card in Mississippi, patients must first visit a medical professional to be certified for medical cannabis use. This can be a physician, nurse practitioner, or optometrist participating in the medical cannabis program. The medical professional will determine if the patient has a qualifying medical condition and if so, register their certification for medical cannabis use with the Mississippi Medical Cannabis Program.
Within 60 days of medical certification, patients can apply as a patient using the online application form. After submitting the application, patients will receive an electronic identification card that can be used at a medical cannabis dispensary.
Where to Buy Weed in Mississippi
Looking to catch a buzz in Mississippi? Here’s where you can buy weed.
Dispensaries
As of August 5th, 2022, there are 107 licensed medical marijuana establishments in Mississippi, 93 of which are dispensaries authorized to sell various cannabis products such as flower, concentrated cannabis, extracts, tinctures, and oils. Customers are allowed to purchase a maximum of 6 MMCEU (Mississippi Medical Cannabis Equivalency Unit) per 7-day period, which is equivalent to 3.5 grams of flower, 1 gram of concentrate, or 100mg of THC. Medical card holders must not exceed 24 MMCEU’s in any 30-day period. To locate the nearest dispensary to your location, please click here.
Delivery
Mississippi currently does not permit cannabis delivery. However, since the legalization of medical marijuana is relatively recent, there is optimism among Mississippians for the possibility of expansion in the future.
Direct to Consumer
Medical cannabis delivery is not currently allowed in Mississippi, which also means that direct-to-consumer delivery is prohibited. While there may be online dispensaries that are willing to ship products, it is important to note that this practice is not legal. You may be able to shop online for hemp-derived cannabinoid products or find them in smoke shops and other specialty stores.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
Efforts to Legalize Recreational Weed in Mississippi
Mississippi has not legalized recreational marijuana. However, there were some efforts to legalize recreational marijuana in the state.
In 2021, a group called Mississippians for Cannabis filed an initiative with the Mississippi Secretary of State’s Office to put the legalization of recreational marijuana on the ballot for the 2022 election. The initiative would have allowed adults over the age of 21 to possess up to one ounce of marijuana and grow up to six plants for personal use. However, the initiative was rejected by the Mississippi Supreme Court on procedural grounds in September 2021.
Regarding the potential legalization of adult-use cannabis in Mississippi, there are currently two proposed bills. The first is HB 338, also known as the Mississippi Retail Marijuana Act, which seeks to legalize adult-use cannabis and establish a licensed commercial program for its distribution. The second proposal, SB 2097, would permit adults to possess up to 70 grams of cannabis for personal use but would not establish a commercial program.
General FAQ
Where can you smoke weed in Mississippi?
It is currently illegal to smoke weed or consume cannabis in any form in public places in Mississippi. This includes parks, sidewalks, streets, and any other public places.
Under Mississippi’s medical marijuana program, smoking medical marijuana is also prohibited in any public place. It can only be consumed in a private residence or a place where smoking is allowed by the property owner.
Can you smoke weed in public in Mississippi?
No, it is illegal to smoke weed in public in Mississippi. Public consumption of cannabis is considered a misdemeanor offense and can result in fines and/or imprisonment.
When was medical weed legalized in Mississippi?
Medical marijuana was legalized in Mississippi on November 3, 2020, when voters approved Initiative 65, which amends the state constitution to establish a medical marijuana program. However, the Mississippi Supreme Court overturned the initiative process in May 2021, delaying the program’s implementation. On Wednesday, January 25, 2023, the first legal sale of medical marijuana in Mississippi took place in Brookhaven. The Cannabis Company was supplied with six different strains of flower buds by Mockingbird Cannabis.
Punishment for Illegal Acts FAQ
What are the penalties for selling, gifting, transporting, or importing weed?
Mississippi made a big move by legalizing medical marijuana in 2022, which is great news for patients who need it for medical purposes. However, it’s important to note that for all other purposes, weed is still illegal in the state.
If you’re caught with 30 grams or less of recreational marijuana for the first time, it’s considered a fine-only offense thanks to Mississippi’s decriminalization laws. But, if you’re caught selling, gifting, transporting, or importing weed, the consequences can be severe.
For example, selling up to 30 grams of marijuana could land you up to 3 years in prison and a maximum fine of $3,000. And if you’re caught selling between 30 grams and 250 grams, things get even more serious – you could face up to 5 years in prison and/or a maximum fine of $5,000.
If you’re caught selling larger amounts of weed, it’s even riskier. Selling between 250 grams and 500 grams could result in 3-10 years imprisonment and a maximum fine of $15,000, while selling more than 1 kilogram could lead to up to 10-40 years imprisonment and a maximum fine of $1,000,000.
What is the penalty for selling to a minor?
In Mississippi, selling marijuana 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. The penalty for selling to a minor specifically is not stated separately, but it would fall under this provision.
What is possession with the intent to sell?
In Mississippi, possession with intent to distribute marijuana refers to having a quantity of cannabis that exceeds what is considered reasonable for personal use and may surpass legal limits. This offense is considered a felony and carries harsh penalties. Those convicted of possession with intent to distribute marijuana in Mississippi may face imprisonment ranging from one year to a maximum of 25 years, depending on the amount and circumstances of the offense. Other legal consequences and fines may also apply.
When is possession a crime?
In Mississippi, possession of marijuana is a crime under most circumstances. Possession of 30 grams or less of marijuana for a first offense is punishable by a fine of $100-$250, but subsequent convictions can result in imprisonment for 5-60 days and a fine of up to $250.
Possession of larger amounts of marijuana is considered a felony offense and carries harsher penalties, ranging from 1 year to 30 years imprisonment, depending on the amount and circumstances of the offense.
