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Mississippi

1. Overview of Cannabis and Hemp Laws

Cannabis:

  • Medical Use: Mississippi legalized medical cannabis in 2022 through the Mississippi Medical Cannabis Act (SB 2095), allowing patients with qualifying conditions access to medical cannabis (Miss. Code Ann. § 41-137-1 et seq.).
  • Recreational Use: Recreational cannabis remains illegal. However, possession of small amounts is decriminalized and subject to a fine (Miss. Code Ann. § 41-29-139)​.

Hemp Intoxicants and Synthetic THC:
Mississippi prohibits synthetic THC products, including delta-8 THC, with bans on sale, possession, and use (Miss. Code Ann. § 41-29-113)​.

2. Historical Context

  • 1937: Mississippi enacted cannabis prohibition as part of the federal Marihuana Tax Act.
  • 2020: Voters approved Initiative 65 to establish a medical cannabis program, but it was overturned by the state Supreme Court in 2021.
  • 2022: The Mississippi legislature passed the Mississippi Medical Cannabis Act, creating the state’s first legal cannabis framework​.

3. Recreational Cannabis Laws

  • Possession Limits: Under decriminalization, adults may possess up to 30 grams (slightly over 1 ounce) without jail time, though fines up to $250 may apply.
  • Cultivation: Personal cultivation is illegal under Mississippi law.
  • Public Use: All cannabis use, including medical, is prohibited in public areas.
  • Sale and Retail: Only licensed medical dispensaries may sell cannabis to registered patients; recreational sales remain illegal​.

4. Medical Cannabis Laws

  • Patient Eligibility: Qualifying conditions include cancer, epilepsy, chronic pain, PTSD, and other serious ailments as specified by state law.
  • Product Access: Registered patients can access cannabis in various forms, including flower, oils, tinctures, and edibles, with THC content restrictions.
  • Program Details: Patients must be certified by a licensed medical practitioner and register with the Mississippi Department of Health’s medical marijuana program​.

5. Hemp-Derived Intoxicants

  • Regulatory Status: Mississippi classifies hemp intoxicants, such as synthetic THC products like delta-8, as “Prohibited.”
  • Testing and Labeling Requirements: There are no specific testing or labeling requirements, as synthetic THC is banned.
  • Age and Retail Restrictions: Not applicable, since intoxicating hemp products are banned in the state​.

6. Criminal Penalties for Cannabis Offenses

  • Possession: First-offense possession of up to 30 grams is decriminalized, with a fine only. Possession of larger amounts or repeat offenses may lead to misdemeanor or felony charges.
  • Sale and Distribution: Selling any amount without a license is a felony, with penalties escalating based on quantity and involvement of minors.
  • Trafficking and Cultivation: Large-scale cultivation or trafficking is a felony, with severe penalties, including long prison terms and significant fines​.

7. Social Equity Programs

  • Eligibility Criteria: Mississippi does not currently offer social equity programs related to cannabis.
  • Licensing Benefits: No specific licensing benefits for social equity applicants are available.
  • Additional Support: Mississippi does not provide additional training or resources aimed at promoting equity in the cannabis industry​.

8. Business Types and Operations

  • Licensing Types: Mississippi issues licenses for medical cannabis cultivation, processing, dispensaries, transportation, and testing labs.

Regulatory Requirements: Licensed businesses must adhere to regulations set by the Mississippi Department of Health, which include security protocols, seed-to-sale tracking, and quality control standards​.

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