Last verified: May 2026
The Statute — Miss. Code Ann. § 41-29-139
Mississippi’s marijuana penalties are codified in Miss. Code Ann. § 41-29-139 (Prohibited acts; penalties), under the Uniform Controlled Substances Law. Cannabis remains a Schedule I controlled substance under state law, identical to its federal classification. Subsection (c)(2)(B) sets the weight-based simple-possession schedule.
The Possession-Penalty Schedule
| Weight | Classification | Maximum Penalty |
|---|---|---|
| 30 g or less (1st offense) | Civil violation | $100–$250 fine; no jail; civil summons rather than arrest if ID is produced and a written promise to appear is signed. |
| 30 g or less (2nd offense within 2 years) | Misdemeanor | 5–60 days jail + up to $250 fine + mandatory drug education. |
| 30 g or less (3rd offense within 2 years) | Misdemeanor | 5 days–6 months + up to $1,000. |
| 30 g or less in a motor vehicle | Misdemeanor (automatic) | Up to 90 days + $1,000 fine. |
| 30 g – 250 g | Felony | Up to 3 years prison and/or up to $3,000. |
| 250 g – 500 g | Felony | 2–8 years and/or up to $50,000. |
| 500 g – 1 kg | Felony | 4–16 years and/or up to $250,000. |
| 1 kg – 5 kg | Felony | 6–24 years and/or up to $500,000. |
| 5 kg or more | Felony | 10–30 years and/or up to $1,000,000. |
Source: Miss. Code Ann. § 41-29-139(c)(2)(B). Trafficking under § 41-29-139(f) (10 lbs+ within 12 months by a person 21+) carries a mandatory life sentence without parole. Aggregate trafficking under § 41-29-139(g) carries a 30-year mandatory minimum.
The First-Offense Civil Summons — the One-Time Mercy
Under § 41-29-139(c)(2)(A), a person caught with 30 grams or less for a first time receives a civil citation, not an arrest, with a maximum $250 fine — provided they show ID and sign a written promise to appear. The prior conviction is held in a private, non-public record by the Mississippi Bureau of Narcotics and is automatically expunged after two years if no further offense occurs.
This 1978 mechanism — one of the earliest U.S. decriminalization measures — explains why Mississippi looks deceptively lenient on first-offense small-amount possession. But the very next subsection escalates sharply, and there are two structural traps explained below.
Trap #1 — Possession in a Motor Vehicle
If the same 30 g or less is found in a motor vehicle, the civil-summons mechanism does not apply. The offense automatically becomes a misdemeanor punishable by up to 90 days in jail and a $1,000 fine, even on a first offense. Because most Mississippi cannabis stops happen during traffic stops, this exception swallows much of the rule.
Trap #2 — The Paraphernalia Loophole
Possession of paraphernalia under § 41-29-139(d)(1) — including the baggie the cannabis came in, a grinder, or a pipe — remains a misdemeanor punishable by up to 6 months in jail and a $500 fine. The statute prohibits charging paraphernalia and the under-30g possession together for the same incident, but in practice prosecutors charge paraphernalia separately for items not directly tied to the cannabis itself. See full paraphernalia analysis.
The Felony Cliff — Above 30 Grams
Above 30 grams the penalty schedule changes character. 30g–250g (about 1 ounce to 8.8 ounces) is a felony with up to 3 years and a $3,000 fine. 250g–500g moves to 2–8 years and up to $50,000. The escalator continues all the way to 5 kilograms or more, which carries 10–30 years prison and up to $1,000,000 fine.
Sale, transfer, and possession-with-intent penalties under § 41-29-139(b)(2)(A) escalate similarly: selling up to 30 g is a felony punishable by up to 3 years and a $3,000 fine; selling more than 1 kilogram carries 10–40 years and up to a $1 million fine.
Trafficking — Mandatory Life Without Parole
Trafficking under § 41-29-139(f) — 10 pounds or more of marijuana within a 12-month period, by a person 21 or older — carries a mandatory life sentence without parole. Aggregate trafficking under § 41-29-139(g) — three or more component offenses across two or more counties in 12 months — carries a 30-year mandatory minimum. Full trafficking page.
Local Enforcement Variation
Mississippi has 82 counties and roughly 300 municipalities. Enforcement varies sharply. Rural sheriffs — particularly in the Pine Belt and northeast hill counties — generally enforce cannabis laws aggressively; urban-leaning prosecutors in Hinds County (Jackson) and Harrison County (Gulf Coast) more often use diversion programs for small amounts. Several college towns — Oxford and Starkville in particular — have informal "lowest enforcement priority" practices for under-30g cases, but no Mississippi municipality has formally adopted such a policy.
What This Means in Practice
- A first-time joint in your pocket on the street: civil summons, $100–$250, no record after two years.
- The same joint plus a glass pipe: separate paraphernalia misdemeanor exposure on top.
- The same joint in your console during a traffic stop: automatic misdemeanor, up to 90 days in jail.
- An ounce or more: felony exposure begins.
- 5 lb returning from a legal-state purchase: a single defendant facing 4–16 years.
- 10 lb in 12 months: mandatory life without parole.
Reading the Statute
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org