Is Marijuana Legal in Mississippi?

is weed legal in mississippi now
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Is Marijuana Legal in Mississippi?

From a longstanding prohibition to a recent overturning of a voter initiative, Mississippi has fought long and hard to legalize marijuana statewide. Unfortunately, this long-standing fight is yet to result in something meaningful for the struggle. For instance, just when celebrations were high that medical marijuana was going to become legal across the state, advocates were knocked back by a Supreme Court judgment that effectively killed off legalization hopes. 

The following provides key details on all you need to know about cannabis legalization in Mississippi.

Is weed legal in Mississippi?

No, recreational use of cannabis is illegal in Mississippi.

When will weed be legal in Mississippi for recreational use?

There is no timeline yet on when weed will become legal in Mississippi.

Are edibles legal in Mississippi?

No, edibles are 100% illegal in the state.

Is medical marijuana legal in Mississippi?

Unfortunately, medical marijuana is still illegal in Mississippi. This is quite unfortunate because only a few months ago, medical marijuana had already been legalized following a voter initiative approved in 2020. However, the initiative was recently struck down by the State’s Supreme Court. CBD with less than 0.5% THC is not prohibited in the state. The initiative was invalidated by the Court on procedural grounds.

How to get medical marijuana in Mississippi

There is currently no way to legally purchase medical marijuana across Mississippi. However, CBD with less than 0.5% THC can be purchased from the University of Mississippi Medical Center’s Department of Pharmacy Services.

Can I go to a dispensary without a card in Mississippi?

There are currently no dispensaries in the state. The voter initiative which was approved and subsequently struck down by the Supreme Court had provisions for dispensaries and a medical marijuana registry but this no longer applies.

How long does it take to get your medical card in Mississippi?

There is currently no medical marijuana program in the state and consequently no need for medical marijuana cards.

Does Mississippi accept out-of-state MMJ cards?

No, this does not currently apply to Mississippi as all forms of marijuana use except for CBD remain illegal in the state.

Marijuana bills/laws in Mississippi & key questions

In 2014, Governor Phil Bryant of Mississippi signed HB 1231(also called “Harper Grace’s Law”) to allow patients with debilitating conditions to use CBD oil. The law also allowed the parents and guardians of such patients to possess CBD oil on their behalf. There were however limitations. For instance, CBD oil should contain at least 15% CBD and no more than 0.5% THC.

The marijuana landscape in Mississippi seemed like it was making an upward trajectory in November 2020 when voters approved initiative 65 to fully legalize medical marijuana across the state. The initiative essentially approved the use of cannabis in the treatment of 22 qualifying conditions and set up the legal framework for legally purchasing, possessing, and consuming medical marijuana in Mississippi.

The voters initiative (initiative 65) was however shortlived as it was invalidated by a state Supreme Court on procedural grounds in 2021. The mayor of Madison had petitioned the court to invalidate the petition for the Initiative just before the election. Unfortunately, the court sided with the Mayor despite more than 70% of voters in support of legalization.

How much marijuana can I have in Mississippi? (in oz)

Marijuana possession in Mississippi is still illegal.

Is Marijuana decriminalized in Mississippi?

Fortunately, possession of small amounts of marijuana has been decriminalized since the 1970s.

Is there a fine or penalty for marijuana possession in Mississippi?

For instance, possession of up to an ounce of cannabis or 10 grams of synthetic cannabinoids for first-time offenders usually attracts fines between $100 to $250. Expectedly, repeat offenses attract greater fines and penalties.

How many cannabis plants per household in Mississippi?

Cultivating cannabis plants at home is still prohibited across the state.

Mississippi dispensaries regulations

Following the decision of the Supreme Court to strike down the voters initiative that had effectively legalized cannabis in the state, there is no legislative framework to back the establishment or regulation of cannabis dispensaries in Mississippi.

Mississippi growers regulations

There are currently no regulations or supporting laws that back growing cannabis in Mississippi.

Closing thoughts

As tough as Mississippi might appear to be, it hasn’t always been too tough on marijuana. For instance, as far back as the 1970s, Mississippi had already decriminalized cannabis possession. The approval of a voter’s initiative to legalize medical marijuana in recent times also shows just how willing residents are to establishing a legal marijuana market in the state. While the recent Supreme Court decision is a step back in the wrong direction. Advocates will be quick to retrace their steps and get it right next time.

We are NOT legal advisers. Information contained in this website is intended as general introductory information only. The information contained on this website is not legal advice, should not be construed as legal advice nor relied upon as such.