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Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
While possession of small amounts is indeed decriminalized, it is still a misdemeanor and only decriminalized in the sense that one will not be jailed for a first offense. Under the Mississippi Code of 1979, possession of less than 30 grams (1.1 oz) of marijuana is a misdemeanor, with the first offense punishable by jail time up to 90 days and a $250 fine. [1] However, probation is always given in lieu of a jail sentence following the 1978 decriminalization. One will likely be brought to jail when charged, but, at the discretion of the arresting officer, this can be avoided by both having acceptable identification and promising to appear in court to answer the charge. Subsequent offenses require a minimum 5 days in jail and graduating scale of fines. Possession of paraphernalia will result in up to 90 days in jail and a fine of up to $1,000.00. [2] Again, probation is given instead of the jail sentence, and since 1978 there has never been a person sentenced to jail time for possession of paraphernalia in Mississippi. Simultaneous possession of under 30 grams and paraphernalia is punishable only with a possession of marijuana charge. In practice, if found with under 30 grams of marijuana, it is common to receive a paraphernalia charge for the container it was in, instead of a possession charge. This is done to save the state from having to pay testing costs for the marijuana. [3]
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 only applies to areas in the vehicle occupied by passengers and does not apply to a trunk. [4] Additionally, any conviction will result in a 6 month suspension of driving privileges. [5]
Possession of larger amounts are felonies, as is sale, cultivation and trafficking. [6] For example, the sale of over 10 pounds of marijuana carries a life sentence without the possibility of parole. [7] However, the penalty can be reduced if the person charged provides information on their supplier or other relevant persons to state authorities. Penalties for possession of hash and concentrates is more severe than for marijuana, with any amount greater than 0.1 grams a felony with mandatory sentencing on a graduating scale. First time possession of up to .1 grams can be punished as either a misdemeanor or a felony, at the discretion of the presiding judge. [8] Possession of more than .1 gram but less than 2 grams carries a mandatory 2 years in jail. Trafficking any amount of hash or concentrates carries a mandatory 30 years in the state penitentiary. [9]
House Bill 1231 was introduced by Representative Sam C. Mims (R) and referred to Judiciary Committee on January 2, 2014. It passed in the House by a vote of 119-0 on February 6, 2014 and was transmitted to the Senate on February 7, 2014 which then passed and was amended by a vote of 52-0 on March 6, 2014. The House and the Senate signed HB 1231 on March 30, 2014 which was Sent to Governor Bryant on April 1, 2014.
In April 2014, Governor Phil Bryant signed into law HB1231, "Harper Grace's Act", following a house vote of 112-6 and Senate vote of 49-0. The Daily Chronic criticized the measure, noting that while it authorizes three research centers to produce high-CBD extracts, there is no assured means for patients to obtain the extracts. [10]
This law allows "processed cannabis plant extract, oil or resin that contains more than fifteen percent (15%) cannabidiol (CBD) or a dilution of the resin that contains at least fifty (50) milligrams of cannabidiol per milliliter, but not more than one-half of one percent (.5%) of tetrahydrocannabinol [THC]. CBD oil may only be obtained by the order of a physician who is licensed to practice in Mississippi. Administering CBD oil to a patient must be done by or under the direction or direct supervision of a physician. The CBD oil must be obtained from or tested by the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center."
"Harper Grace's Law" would create more restrictive rules that exist in any of the states that currently have legal medical marijuana. House Bill 1231 only allows processed cannabis plant extract, oil or resin that contains more than 15% of cannabidiol (CBD) and no more than 0.5% THC. [11]
On January 8, 2020, a citizen-initiated measure to legalize medical marijuana in the state qualified for the November ballot as measure 65. [12] Two months later, on March 12, 2020 the state legislature voted to place a competing measure, measure 65A, on the same ballot. [13] Both measure 65 and measure 65A called for legalizing medical marijuana but differed in the specifics, with the citizen-initiative measure 65 seen as creating a more detailed framework for legalization than the legislatively-referred measure 65A. [14] On the ballot, voters were asked two separate questions: The first question asked them to choose between rejecting both of the measures and approving either of the measures, and the second question asked them to choose between measure 65 and 65A. In order for a measure to pass, the "either" option would need to get more votes than the "neither" option on the first question, the measure would need to receive the majority of the votes on the second question, and the measure would need to receive over 40% of the total votes cast. [15] Mississippians for Compassionate Care, the group behind measure 65, accused the state legislature of intentionally trying to confuse voters by placing a second measure on the ballot. [16]
On November 3, 2020, voters voted to approve measure 65, effectively legalizing medical marijuana in the state. [17] The initiative was overturned by the Supreme Court of Mississippi in a 6–3 majority decision released on May 14, 2021. The decision cited a fundamental flaw in the state's ballot initiative process that makes it impossible for any citizen-initiated measure to qualify for the ballot. [18] [19]
Senate Bill 2095, the Mississippi Medical Cannabis Act, was a follow-up to the 2020 initiative and largely followed its provisions except for reducing the monthly purchase limit from five ounces to four. [20] It was introduced in the Senate on January 11; [21] passed that chamber on January 16, [22] and by the state House with amendments on January 19. [23] The bill went to a bicameral committee for reconciliation and was passed by the Senate 46–4 and by the House 103–13 in a final vote on January 26. [24] The bill was signed into law by state governor, Tate Reeves, on February 2, 2022. [25] On January 25, 2023, the first legal sale of medical cannabis was made by Debbie McDermott at The Cannabis Company in Brookhaven, Mississippi. In 2022, the state of Mississippi received a total of 2311 [26] applications for medical marijuana cards. Of those applications, 1321 [27] were approved. 242 new cannabis businesses have opened since 2022. [28] These businesses range from cultivation facilities to dispensaries, and they provide patients with access to medical marijuana products. For patients, registering with the state costs anywhere from $50 to $100 annually. [29]
Patients who suffer from a qualifying condition may qualify for medical marijuana in Mississippi. [30] [31]
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on plans by the Drug Enforcement Administration to move marijuana to the less-restrictive Schedule III.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in Tennessee is illegal for most use, with the exception of limited medical purposes. Possession of even small amounts is a criminal misdemeanor, but there are limited legal allowances for non-psychoactive CBD oil as medical cannabis, and the authorities have not been able to enforce the law.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.
Cannabis in Alaska is legal for recreational use since 2014. It was first legalized by the court ruling Ravin v. State in 1975, but later recriminalized by Measure 2 in 1990. Ballot measures in 2000 and 2004 attempted to legalize recreational use, until finally Measure 2 in 2014 passed with 53.2% of the vote. Medical use was legalized by way of Measure 8 in 1998.
Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.
In Washington, D.C., cannabis is legal for both medical use and recreational use for possession, personal use, cultivation, transportation and gifting, and for retail sale once a regulatory system is implemented following an affirmative vote by the residents on a 2014 ballot initiative. The United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.
Mississippi state elections in 2020 were held on Tuesday, November 3, 2020. Its primaries were held on March 10, 2020, with runoffs taking place on June 23.
