Is Marijuana Legal in Mississippi?

Medical cannabis is legal in Mississippi, but recreational marijuana use remains prohibited under state law.

In 2014, Mississippi legalized CBD oil with the passage of House Bill 1231, Harper Grace’s Act. Medical marijuana gained legal status when SB 2095, the Mississippi Medical Cannabis Act, was signed into law in 2022, making it the 37th state to legalize medical cannabis.

Although recreational cannabis is illegal and the consumption of marijuana in public spaces is prohibited, Mississippi decriminalized first-time possession of up to 30 grams of cannabis.

Medical Marijuana Laws in Mississippi

Mississippi’s burgeoning medical program includes a nuanced set of rules patients are required to follow.

Adults 18 and older with a valid MMJ card may purchase a maximum of 3.5 ounces of marijuana flower, 1 gram of cannabis concentrate, and up to 100 mg of THC-infused products per month. However, patients cannot possess more than 3.5 ounces of cannabis at once.

Additionally, Mississippi state law caps THC potency at 30% for dried flower and 60% for tinctures, concentrates, and oils. Minors 18 and under must designate a custodial parent or legal guardian to apply for an MMJ card on their behalf.

Despite medical cannabis being legal in Mississippi, home cultivation of marijuana is prohibited. Penalties for violating state cannabis laws range from a misdemeanor to a felony, with fines starting at $250 for simple possession.

While recreational use is illegal, first-time possession of up to 30 grams of cannabis has been decriminalized. In addition, hemp-derived cannabinoids such as CBD and delta-8 are legal to possess and consume in Mississippi.

And while Mississippi does not currently tax medical cannabis sales, Initiative 65 proposes a 7% tax to be charged by dispensaries at the point of sale. The revenue generated by this proposed tax is earmarked for the Mississippi State Department of Health (MSDH) to fund the state’s medical marijuana program (MMPC).

What to Know About About Medical Cannabis in Mississippi

Since marijuana is prohibited by federal law, each state must develop rules and regulations promoting safe, responsible medical cannabis use. Mississippi has established a comprehensive set of guidelines MMJ patients are expected to follow.

Certain Medical Conditions Qualify for Medical Cannabis

The following is a list of qualifying conditions for medical marijuana certification in Mississippi:

• Agitation of Dementias
• Alzheimer’s disease
• AIDS/HIV
• Amyotrophic lateral sclerosis, aka Lou Gehrig’s disease
• Autism with aggressive or self-injurious behaviors
• Cachexia
• Cancer
• Chronic or debilitating pain
• Crohn’s disease
• Diabetic or peripheral neuropathy
• Epilepsy
• Glaucoma
• Hepatitis
• Huntington’s disease
• Intractable nausea
• Multiple sclerosis
• Muscular Dystrophy
• Pain refractory to appropriate opioid management
• Parkinson’s disease
• Post-traumatic stress disorder (PTSD)
• Severe muscle spasticity
• Sickle-cell anemia
• Spinal cord diseases (SCDs) or severe injuries related to the spine
• Ulcerative colitis

Telemedicine Is Allowed

While medical cannabis certifications require an in-person appointment, renewals with your authorized healthcare provider can be completed online. If you’re ready to renew your Mississippi medical marijuana certificate, Leafwell can help. Connect with a physician at Leafwell today to get started.

Mississippi Does Not Have Reciprocity Laws

While Mississippi does not have medical marijuana reciprocity, Mississippi MMJ certifications may be recognized in the following states:

• Arizona
• Alaska ^
• Arkansas *
• California ^
• Colorado ^
• Connecticut ^
• Delaware ^
• Guam
• Hawaii *
• Illinois ^
• Maine
• Maryland ^ (as of July 2023)
• Massachusetts
• Missouri ^
• Montana
• Nevada
• New Hampshire
• New Jersey *
• New Mexico * (recreational cannabis is legal in NM)
• New York ^
• Oklahoma *
• Oregon ^
• Pennsylvania (minors only)
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah (max. 45 days, after which the patient must apply for a Utah MMJ card)
• Vermont ^
• Virginia ^
• Washington ^
• Washington D.C.

States marked with * require visitors to complete a visiting patient application for the duration of their stay.

States marked with ^ have adult use programs but do not accept out-of-state cards.

There Are No Employment Protections for Cardholders

There are currently no employment protections for medical marijuana consumers in Mississippi. Employers are permitted to reject applicants, terminate employment, or take other adverse actions against employees who test positive for marijuana.

Can You Grow Cannabis In Mississippi?

No, you cannot grow cannabis in Mississippi. It is illegal for individuals to cultivate cannabis in Mississippi, regardless of whether or not they are medical marijuana patients.

The Bottom Line

Cannabis is legal for medical use in Mississippi. While adult-use cannabis is prohibited, hemp-derived cannabinoids such as delta-8 and CBD are legal.

Possession of small amounts of marijuana has also been decriminalized. As Mississippi’s nascent cannabis industry takes shape, stay up to date with the MMPC for new developments.