No. Recreational marijuana is illegal in Mississippi, although a first offense for 30 grams or less is punished only by a $100 to $250 fine. Medical cannabis has been legal since the Mississippi Medical Cannabis Act was signed on February 2, 2022. Resident patients may buy up to 24 equivalency units (about 84 grams of flower) every 30 days, and visiting patients can get a 15-day card.
This guide is for Mississippi residents, patients and visitors who want to know what is allowed, what the penalties are, and how the medical program works. It reflects the law as of October 2026, with links to the sources. It is general information, not legal advice.
Mississippi Cannabis Laws at a Glance
| Topic | The rule in Mississippi | Source |
|---|---|---|
| Legal status | Illegal for recreational use; legal for registered medical patients | Miss. Code 41-29-139; 41-137 |
| 30 grams or less, first offense | Fine of $100 to $250 | Miss. Code 41-29-139(c)(2)(A) |
| 30 grams or less in a car’s passenger area | More than 1 gram: misdemeanor, up to $1,000 and 90 days | Miss. Code 41-29-139(c)(2)(A)(2) |
| Medical purchase limit | Residents: 24 MMCEUs per 30 days; nonresidents: 6 per week, 12 per 15 days | MSDH |
| Medical possession limit | Residents 28 MMCEUs; nonresidents 14 | Miss. Code 41-137-39 |
| One MMCEU | 3.5 g flower, 1 g concentrate, or 100 mg THC in an infused product | Miss. Code 41-137-3 |
| Card fee | $25 ($15 for Medicaid participants) | MSDH |
| Public use | Not authorized in public places or motor vehicles, even for patients | MSDH FAQ |
| Taxes | 5% excise on the cultivator’s first sale; 7% sales tax at the dispensary | MS Dept. of Revenue |
| Driving | DUI is impairment-based and applies to lawful medical cannabis | Miss. Code 63-11-30 |
Is Marijuana Legal in Mississippi?
Only for medical use. The Legislature passed Senate Bill 2095, the Mississippi Medical Cannabis Act, and the governor approved it on February 2, 2022, according to the Legislature’s bill history. The Mississippi State Department of Health (MSDH) runs the Medical Cannabis Program and licenses growers, processors and labs. The Department of Revenue’s Alcoholic Beverage Control Division licenses dispensaries.
Outside the program, marijuana remains a controlled substance, although a first offense for a small amount is punished with a fine rather than jail.
Penalties for Marijuana Possession in Mississippi
Under Miss. Code 41-29-139(c)(2):
- 30 grams or less, first offense: a fine of $100 to $250. Police may issue a summons instead of arresting someone who proves identity and promises in writing to appear.
- Second conviction within two years: a misdemeanor with a $250 fine, up to 60 days in county jail, and a mandatory drug education program unless the court finds it inappropriate.
- Third or later conviction within two years: a misdemeanor with a fine of $250 to $1,000 and up to six months in county jail.
- In a vehicle: a driver who has more than 1 gram but no more than 30 grams in the passenger area commits a misdemeanor punishable by up to $1,000, 90 days in jail, or both. The trunk is excluded; the glove box counts as the passenger area.
- More than 30 grams but less than 250 grams: up to $1,000 and one year in county jail, or up to $3,000 and three years in the Department of Corrections.
- Larger amounts: 250 to 500 grams carries 2 to 8 years; penalties climb to 10 to 30 years for 5 kilograms or more.
After a first or second small-amount conviction, the court reports it to the Mississippi Bureau of Narcotics, which keeps a nonpublic record for up to two years and then expunges it.
Mississippi’s Medical Cannabis Program
Qualifying conditions listed by MSDH are cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, glaucoma, spastic quadriplegia, HIV, AIDS, hepatitis, ALS, Crohn’s disease, ulcerative colitis, sickle-cell anemia, Alzheimer’s disease, agitation of dementia, PTSD, autism, pain refractory to appropriate opioid management, diabetic or peripheral neuropathy, and spinal cord disease or severe injury. A chronic, terminal or debilitating condition that causes wasting, chronic pain, severe nausea, seizures or severe persistent muscle spasms also qualifies.
Limits: Mississippi measures cannabis in Mississippi Medical Cannabis Equivalency Units (MMCEUs). One unit equals 3.5 grams of flower, 1 gram of concentrate or 100 mg of THC in an infused product, under Miss. Code 41-137-3. Resident cardholders may obtain up to 24 MMCEUs in 30 days and possess up to 28.
Cards and fees: according to the MSDH FAQ, the card fee is $25, or $15 for Medicaid participants, and disabled veterans and disabled first responders may qualify for a waiver. A practitioner’s certification lasts one year unless the practitioner sets a shorter period. Only an MD or DO may certify a patient under 18. Caregivers must be at least 21, pass a background check and may assist no more than five patients.
Visiting patients: a visitor with an active medical card from their home state can apply for a Mississippi nonresident card up to 30 days before arriving. The card is valid for 15 days. Nonresident cardholders may receive up to 6 MMCEUs per week and 12 in any 15-day period, and possess up to 14.
Where You Can Use Medical Cannabis
The MSDH says the law does not authorize using medical cannabis in a public place or in a motor vehicle. Mississippi defines “public place” broadly in Miss. Code 41-137-3: a church, any area where the public is invited or permitted, and government property such as streets, sidewalks and public transportation. A private residence is not a public place. A Mississippi card is not valid in other states.
Hemp, Delta-8 and THCA in Mississippi
Hemp-derived THC products sold in Mississippi are subject to federal hemp law, which is changing. A federal law signed November 12, 2025, redefines hemp by total THC, caps finished products at 0.4 mg total THC per container and excludes synthesized cannabinoids such as most delta-8. Products with cannabinoids the plant cannot naturally produce, such as THC-O, lose hemp status November 12, 2026, and the remaining limits, including the delta-8 exclusion, follow December 11, 2026. See our federal law guide.
Growing, Driving and Traveling
Home growing: MSDH’s program supplies patients through licensed cultivators and dispensaries. We found no provision letting patients or anyone else grow cannabis at home.
Driving: under Miss. Code 63-11-30, it is DUI to drive under the influence of any substance that has impaired your ability to drive, or of an unlawfully possessed controlled substance. The statute says it applies to lawful medical cannabis use that impairs driving. There is no THC blood limit.
Travel: taking cannabis across a state line or onto a plane is illegal under federal law, even with a medical card.
What Changed Recently
- Federal rescheduling (2026): in April 2026 the Justice Department moved marijuana held under a state medical marijuana license, which covers Mississippi’s licensed program, to Schedule III. Recreational marijuana remains Schedule I while a broader proceeding is on hold.
- Federal hemp limits (2026): new federal hemp restrictions take effect November 12, 2026 for cannabinoids the plant cannot naturally produce and December 11, 2026 for everything else, including delta-8.
Mississippi Marijuana Laws FAQ
Is weed legal in Mississippi?
Only for registered medical patients. Recreational possession is illegal, though a first offense of 30 grams or less is punished by a $100 to $250 fine.
Is marijuana decriminalized in Mississippi?
Partly. A first offense of 30 grams or less carries only a fine. Repeat offenses within two years are misdemeanors with possible jail time, and having more than 1 gram in a car’s passenger area is a misdemeanor.
Can tourists buy medical marijuana in Mississippi?
Yes, if they already hold a medical card from their home state. They can apply for a 15-day Mississippi nonresident card and buy up to 6 MMCEUs per week.
How much medical marijuana can you buy in Mississippi?
Residents may buy up to 24 MMCEUs in 30 days. One MMCEU is 3.5 grams of flower, 1 gram of concentrate or 100 mg of THC in an infused product.
Can you smoke medical marijuana in public in Mississippi?
No. The law does not authorize use in a public place or a motor vehicle.
How much does a Mississippi medical card cost?
$25, or $15 for Medicaid participants. Practitioner visit fees are separate.
More Cannabis Law Guides
Compare Mississippi with other states in our state-by-state cannabis law guides, read the latest on rescheduling in our federal marijuana law guide, or check neighboring states: Louisiana, Alabama, Arkansas and Tennessee.
Neighboring state guides: Louisiana · Arkansas · Tennessee · Alabama · All state cannabis laws
General information about Mississippi cannabis law as of October 2026, not legal advice.