Fact Checked by Doctor NameIs Marijuana Legal in Mississippi?
Table of Contents
Mississippi has some of the strictest laws about weed in the United States. Use for recreation, ownership, selling, and trade are still illegal and punishable by the law.
However, after years of advocacy, Mississippi passed legislation in 2022, creating a medical marijuana program. This allows registered patients access to legal, medical cannabis for treating certain conditions.
This article will provide a thorough overview of marijuana policies in Mississippi.
We will explore the history of cannabis prohibition, the status of medical and recreational laws, possession limits, dispensary regulations, social equity considerations, and more.
Historical Context of Mississippi Marijuanas Law
Mississippi began prohibiting cannabis in the 1930s, aligning with federal marijuana restrictions.
The Uniform Narcotic Drug Act made possession and sale a crime in 1934. Before this, marijuana could be purchased legally at pharmacies.
- Marijuana restrictions tightened over the ensuing decades as views shifted during the “Reefer Madness” era linking cannabis to crime, violence, and marginalized communities.
- Possession of any amount became a misdemeanor in the 1970s. Trafficking carried mandatory minimum sentences of 3-10 years per offense.
- Mississippi upheld strict sentencing even as attitudes modernized. Simple possession still carries up to 3 years of imprisonment today.
- Recent policy changes are reversing some of this legacy, but Mississippi retains among the harshest marijuana penalties nationwide.
Also Read:
- Weed Measurements Guide: Weight, Quantities & Price
- How Many Grams in a QP?
- How Many Grams in a Zip?
Medical Marijuana Program in Mississippi
After multiple failed attempts, Mississippi finally legalized medical marijuana in 2022 with the Mississippi Medical Cannabis Act.
This historic law will provide registered patients access to medical-grade cannabis for treating eligible conditions, though implementation is still ongoing.
- The Health Department regulates the program, overseeing licensing, developing rules, and managing the patient registry.
- Patients must receive certification from a licensed Mississippi physician that cannabis could help their diagnosed qualifying condition. Qualifying conditions include:
- Certified patients will receive registration cards to obtain cannabis products from licensed treatment centers and dispensaries.
- Approved cannabis products include oils, extracts, capsules, lotions, edibles, flowers for vaping, and more. Smokable raw cannabis flowers will also be allowed.
- Home cultivation is prohibited under medical law. All cannabis must be sourced from state-licensed companies.
Qualifying Conditions:
- Addiction Treatment
- AIDS/HIV
- Alzheimer’s Disease
- Amyotrophic Lateral Sclerosis (ALS)
- Autism/Asperger Syndrome
- Cachexia or Wasting Syndrome
- Cancer (Non-Specific)
- Cancer Pain
- Cerebral Palsy (CP) and Similar Conditions
- Chronic Pain, Muscle Pain and Other Types of Pain
- Crohn’s Disease
- Epilepsy
- Glaucoma
- Hepatitis (Hepatitis A, Hepatitis B and Hepatitis C)
- Huntington’s Disease (HD)
- Inflammatory Bowel Diseases (IBDs)
- Lewy Body Dementia (LBD)
- Muscular Dystrophy (MD) and Myotonic Disorders
- Muscle Spasms
- Nausea & Vomiting
- Neuropathy (Nerve Pain)
- Parkinson’s Disease (PD)
- Post-Traumatic Stress Disorder (PTSD)
- Seizures and Seizure Disorders
- Sickle Cell Diseases (SCDs)
- Spinal Cord Injuries (SCIs) and Spinal Cord Diseases (SCDs)
Also Read:
- How to Detox From Marijuana?
- PGR Weed Guide: Understanding Risks & Solutions
- Tiburón Weed: Your Ultimate Guide
Other State Guide to Marijuana Legalization
Recreational Marijuana Policies in Mississippi
Unlike many other states, Mississippi has not legalized recreational marijuana possession or use for adults aged 21+.
Under current law:
- Any adult or kid found with even a little cannabis might be prosecuted.
- Up to 3 years in jail and a $3,000 fine are possible for first-time possession of up to 30 grams. Subsequent offenses increase possible incarceration to 6 months-3 years.
- Sale, distribution, and trafficking all incur harsher sentences per offense, ranging from 2-10 years imprisonment.
- Despite public support, ballot initiatives to legalize recreational marijuana narrowly failed in 2015 and 2021 after court challenges.
- A new 2023 ballot initiative proposed by activist groups aims to decriminalize possession of up to one ounce of cannabis, replacing arrest and jailing with a civil fine.
Also Read:
Cannabis Cultivation and Possession Limits in Mississippi
As all forms of marijuana remain prohibited recreationally, Mississippi has no legal limits for cultivation or possession without medical certification.
However, patients face the following possession and use restrictions:
- Registered patients may possess up to 2.5 ounces of smokable cannabis per 14-day period. This equates to roughly 70 grams.
- Patients can obtain no more than 3 grams of cannabis concentrate – such as oils, extracts, and pills – per 14-day period.
- Public use of marijuana is restricted. Cannabis cannot be consumed in any public space, similar to open container laws for alcohol.
- Home cultivation is banned entirely under Mississippi’s medical marijuana program. This contrasts with legal home growth allowed in many other states. All cannabis products must be purchased from licensed medical dispensaries.
Also Read:
Marijuana Dispensary and Retail Regulations in Mississippi
The Mississippi Medical Cannabis Act establishes a licensing model for cultivators, manufacturers, testing labs, and retail stores to serve certified patients.
- Licenses will be granted for cultivation, processing, independent testing, and individual dispensaries. Each company can only hold one license.
- The Health Department can license up to 10 dispensary locations in the first year based on geographic need. More may be added later based on patient demand.
- Strict requirements govern medical dispensaries’ security, record keeping, testing, and packaging. Seed-to-sale tracking systems will trace all cannabis products.
- Zoning and proximity restrictions require dispensaries to distance themselves from schools, churches, parks, residential areas, and substance abuse treatment centers.
- If recreational marijuana is legalized for adult use in the future, Mississippi would need to develop a separate regulatory model for non-medical retailers.
Also Read:
Weed Consumption Regulations in Mississippi
The medical marijuana law prohibits patients from consuming cannabis in any public setting.
Additional restrictions include:
- Cannabis cannot be smoked or ingested in public places like parks, streets, businesses, restaurants, and common areas.
- Landlords may ban cannabis use or possession on their rental properties. Public housing agencies can also prohibit residents from medical marijuana.
- The use of marijuana is restricted in vehicles. Cannabis products cannot be opened or accessed while driving or riding in cars, boats, or other transport.
- No workplace protections exist for medical marijuana patients. Employers may restrict use or terminate employees who fail drug tests, even with valid patient status.
- Driving under the influence of marijuana remains illegal for medical patients. Mississippi has per se THC limits for cannabis DUIs.
Marijuana Tax Structure and Revenue in Mississippi
Mississippi will levy some of the lowest cannabis taxes nationwide but still generate state income from medical marijuana sales:
- A 5% tax on medical marijuana sales will fund regulation, while some revenue will go toward state needs like infrastructure.
- 70% of revenue from the 5% tax will fund the administration of the medical cannabis program.
- The remaining 30% of revenue is allocated for Mississippi road and bridge infrastructure repairs.
- State economists estimate annual proceeds between $6 million to $24 million, depending on patient participation rates once dispensaries open.
- If recreational marijuana is legalized, an additional 15% retail excise tax could generate up to $265 million annually, per estimates from 2021’s failed Initiative 65.
Cannabis Social Equity and Inclusion in Mississippi
Unlike some legalized states, Mississippi has not enacted social equity assistance or ownership incentives in its medical cannabis program rollout.
- The lack of equity assistance has received criticism from advocacy groups, who cite continuing racial disparities in marijuana enforcement despite legalization for medical use.
- Some cite this as an argument for further cannabis policy reforms in Mississippi focused explicitly on social and economic justice.
- Potential equity measures, if recreational marijuana is legalized, could include automatic expungement of prior cannabis offenses and directing tax revenue to communities negatively impacted by prohibition policies.
Marijuana Implementation Challenges in Mississippi
While medical marijuana is now legal in Mississippi on paper, significant obstacles remain to successful implementation:
- Internal disputes over procurement scoring and selection processes have delayed cultivation, processing, testing, and dispensary business licensing.
- Law enforcement organizations continue to oppose Mississippi’s medical program, posing possible challenges for uniform enforcement across different agencies.
- Uncertainty surrounding banking access and risks of federal intervention adds to the difficulties cannabis businesses will face in Mississippi.
- Strong continued opposition from some political leaders and groups raises risks of interference or attempts to roll back Mississippi’s nascent medical marijuana program.
Potential Economic and Health Impacts of Weed in Mississippi
Assuming Mississippi can overcome early challenges, research indicates potential public health and economic gains from a regulated medical cannabis market:
- Studies show medical marijuana laws correlated with reductions in opioid overdoses and painkiller prescriptions, which could benefit Mississippi with its high rate of opioid use disorders.
- Tax revenue from regulated medical cannabis sales can support Mississippi’s strained public health and infrastructure budgets. Estimated proceeds range from $6 million to $24 million initially.
- However, risks like increased youth marijuana access drugged driving incidents, and loss of workforce productivity will need monitoring and preventative policies.
- The economic benefits would multiply significantly if recreational marijuana is legalized and taxed for adult use. This path has risks of its own related to public health and safety.
Future Outlook of Cannabis in Mississippi
Predicting where Mississippi will head next on marijuana policy requires weighing competing issues and viewpoints:
- Strong public support makes it likely that advocacy groups will continue pushing ballot initiatives to decriminalize or legalize recreational marijuana in the coming years fully.
- However, political leaders and law enforcement opposition will continue posing challenges to further reforms, especially in the short term. Change is likely to be incremental.
- The fate of Mississippi’s medical marijuana program depends heavily on whether early administrative challenges and lawsuits can be resolved smoothly to enable dispensaries to begin operating.
- While initial steps have been taken toward cannabis reform, conflicting perspectives on public health, criminal justice, and regulated markets will continue shaping marijuana policies in Mississippi for years.
Frequently Asked Questions
Q: Is medical marijuana allowed in Mississippi?
A: Yes, medical marijuana was legalized in Mississippi in 2022 through the Medical Cannabis Act, creating access for registered patients.
Q: Is recreational marijuana legal in Mississippi?
A: No, recreational marijuana remains illegal for adult use, possession, or sale in Mississippi outside medical eligibility.
Q: How much marijuana can you legally possess in Mississippi?
A: None for recreational use. Medical patients may possess up to 2.5 ounces of flower and 3 grams of concentrate every two weeks.
Q: Is Mississippi close to legalizing weed?
A: Potentially. Advocates are pursuing new ballot initiatives to decriminalize or fully legalize. But challenges remain before recreational marijuana becomes legal.
Q: Can you grow marijuana at home in Mississippi?
A: No, home cultivation is prohibited even under the medical marijuana program. All cannabis must be commercially produced.
Q: Where can you obtain medical marijuana in Mississippi?
A: Qualified patients will need to visit licensed medical cannabis dispensaries once they are operational. The state is still working on licensing the first dispensaries.
Q: Who qualifies for medical marijuana in Mississippi?
A: Patients with 22 qualifying conditions like cancer, PTSD, or chronic pain can qualify with physician approval. The complete list of requirements is defined in the medical cannabis law.
Q: When will medical marijuana dispensaries open in Mississippi?
A: Dispensaries are not expected to open until late 2022, as licensing has faced delays. The Health Department will announce timelines once licenses are issued.
Q: Can medical marijuana be smoked in Mississippi?
A: The medical cannabis law allows certified patients to smoke natural cannabis flowers if it’s not in public. Edibles, oils, and vapes are also permitted.
Q: Is home delivery of medical marijuana allowed in Mississippi?
A: No, home delivery is not permitted currently. Patients must visit state-licensed dispensaries in person once they open.
Q: Has Mississippi decriminalized marijuana possession?
A: No, possession without medical certification remains a crime. A proposed 2023 ballot initiative aims to decriminalize small amounts for personal use.
Conclusion
Marijuana laws remain highly restrictive in Mississippi compared to most other states. Yet recent policy changes legalizing medical cannabis signify a willingness to re-examine old attitudes on prohibition.
How far and quickly Mississippi embraces new approaches to legalization will depend on overcoming political divisions and easing public concerns.
In the meantime, advocates will continue pressing for expanded access and reduced penalties for non-medical adult use.
While recreational legalization appears eventual, Mississippi is only now embarking on regulating cannabis for medical use.
References:
- https://en.wikipedia.org/wiki/Uniform_State_Narcotic_Drug_Act
- https://en.wikipedia.org/wiki/Legal_history_of_cannabis_in_the_United_States
- https://www.kqed.org/lowdown/24153/reefer-madness-the-twisted-history-of-americas-weed-laws
- https://www.mpp.org/states/mississippi/mississippi-medical-cannabis-act-summary/
