Offense Penalty Incarceration Max. Fine Possession 30 g or less (first offense) N/A N/A $ 250 30 g or less (second offense) Misdemeanor 5* - 60 days $ 250 30 g or less (third offense) Misdemeanor 5 days* - 6 months $ 1,000 30 - 250 g Felony 1 - 3 years $ 1,000 250 - 500 g Felony 2* - 8 years $ 50,000 500 g - 1 kg Felony 4* - 16 years $ 250,000 1 - 5 kg Felony 6* - 24 years $ 500,000 5 kg or more Felony 10* - 30 years $ 1,000,000 30 g or less in any part of a vehicle besides the trunk Misdemeanor 90 days $ 1,000 * Mandatory minimum sentence Sale Up to 30 g Felony 3 years $ 3,000 30 - 250 g Felony 5 years $ 5,000 250 - 500 g Felony 3 - 10 years $ 15,000 5 g or more Felony 5 - 20 years $ 20,000 To a minor or within 1500 feet of a school, church, or other designated area is a felony that carries double incarceration period and fines. Cultivation See Possession and Sale sections for details. Hash & Concentrates Possession of .1 g or less Misdemeanor or Felony 1 year $ 1,000 Possession of .1 g - 2 g Felony 3 years $ 50,000 Possession of 2 g - 10 g Felony 8 years $ 250,000 Possession of 10 g - 30 g Felony 3 - 20 years $ 500,000 Possession of more than 30 g Felony 30 years $ 1,000,000 Sale, barter, manufacture, transfer, or distribution N/A 30 years $ 1,000,000 Trafficking N/A 30 years* $ 1,000,000 *Mandatory Minimum Sentence Paraphernalia Possession of paraphernalia Misdemeanor 6 months $ 500 Miscellaneous Any conviction will result in a 6 months driver's license suspension. Subsequent convictions will result in double penalties.

Penalty Details

Possession

A first offense for possession of 30 grams or less is punishable by a fine of $100-$250.

A subsequent conviction will result in 5-60 days imprisonment and a fine of up to $250.

A third conviction will result in 5 days-6 months imprisonment as well as a maximum fine of $1,000.

Miss. Ann. Code § 41-29-139 Web Search

Possession of between 30 and 250 grams is a felony punishable by a maximum of 3 years imprisonment and/or a maximum fine of $3,000, or by up to one year imprisonment and a maximum fine of $1000.

Miss. Ann. Code § 41-29-139(c) (2)(B) Web Search

Possession of between 250 and 500 grams is a felony punishable by 2-8 years imprisonment and/or a maximum fine of $50,000.

Miss. Ann. Code § 41-29-139(c)(2)(B) Web Search

Possession of between 500 grams and 1 kilogram is a felony punishable by 4-16 years imprisonment and/or a maximum fine of $250,000.

Miss. Ann. Code § 41-29-139 (c)(2)(B) Web Search

Possession of between 1 and 5 kilograms is a felony punishable by between 6 and 24 years in prison and/or a maximum fine of up to $500,000.

Miss. Ann. Code § 41-29-139 (c)(2)(B) Web Search

Possession of 5 kilograms or more is a felony punishable by 10-30 years imprisonment as well as a maximum fine of $1,000,000.

Miss. Ann. Code § 41-29-139(c)(2)(B) Web Search

Sale

Selling up to 30 grams of marijuana is a felony punishable by up to 3 years imprisonment and/ or a maximum fine of $3,000.

Miss. Ann. Code § 41-29-139 (b)(2)(A) Web Search

Selling between 30 grams and 250 grams is a felony punishable by a maximum sentence of 5 years imprisonment and/or a maximum fine of $5,000.

Miss. Ann. Code § 41-29-139 (b)(2)(A) Web Search

Selling between 250 grams and 500 grams is punishable by 3-10 years imprisonment and a maximum fine of $15,000.

Selling between 500 grams and 1 kilogram is punishable by 5-20 years imprisonment and/or a maximum fine of $20,000.

Miss. Ann. Code § 41- 29- 139 (b)(2) Web Search

Selling more than 1 kilogram is punishable by 10-40 years imprisonment and a maximum fine of $1,000,000.

Miss. Ann. Code § 41-29-139 (f) Web Search

The sale to a minor or within 1,500 feet of a school, church, or other designated area is a felony that carries with it a doubling of the incarceration period and the fine.

Miss. Ann. Code § 41-29-139 Web Search

Cultivation

Cultivation in Mississippi will be punished based upon the aggregate weight of the plants found. See the “Possession” and “Sale, Trafficking, or Distribution” sections for further penalty details.

Hash & Concentrates

Under the Mississippi Code, hashish is defined as the resin extracted from the cannabis plant and any preparation, derivative, or mixture of that resin.

Miss. Ann. Code § 41-29-113 Web Search

The sale, barter, manufacture, transfer, or distribution of hashish, or possession of hashish with intent to take any of the above actions is subject to up to 30 years imprisonment and a fine of no more than $1,000,000 and no less than $5000.

Miss. Ann. Code § 41-29-139(a)-(b) Web Search

Trafficking hashish is subject to a mandatory minimum penalty of 30 years imprisonment without the possibility of parole or a reduction in the sentence. It is also subject to a fine no less than $5000 and no more than $1,000,000.

Miss. Ann. Code § 41-29-139(g) Web Search

Possession of .1 gram or less of hashish is a misdemeanor and is punishable by up to 1 year imprisonment and/or a maximum fine of $1000.

Miss. Ann. Code § 41-29-139(c) Web Search

Possession of between .1g and 2g of hashish is a felony punishable by a maximum of 3 years imprisonment and/or a fine no greater than $50,000.

Miss. Ann. Code § 41-29-139(c) Web Search

Possession of between 2g and 10g of hashish is a felony, punishable by a maximum of 8 years imprisonment and/or a fine no greater than $250,000.

Miss. Ann. Code § 41-29-139(c) Web Search

Possession of between 10g and 30g of hashish is a felony punishable by 3-20 years imprisonment and a fine of no more than $500,000.

Miss. Ann. Code § 41-29-139(c) Web Search

Possession of more than 30g of hashish is a felony punishable by 10-40 years in prison and a fine of no more than $1,000,000.

Miss. Ann. Code § 41-29-139(c) Web Search

Sale or distribution of Hashish by a person over 21 years old to a person under 21 years old doubles the maximum allowable period of incarceration for that offense. The fine for the offense does not change.

Miss. Ann. Code § 41-29-145 Web Search

Sale, barter, distribution, transfer, or manufacture of hashish or possession with intent to commit any of the above offenses within 1500 feet of a school building or other designated place or within 1000 feet of the property a school building or other designated place resides on doubles the maximum allowable period of incarceration for that offense.

The fine for the offense can also be doubled in this situation. A subsequent conviction under this statute will lead to the imposition of the maximum allowable fine and incarceration period.

Miss. Code Ann. § 411-29-142 Web Search

The maximum period of incarceration and maximum fine for any crime under this section may be doubled for any person who, at the time of their conviction, has a prior conviction for any similar drug crime.

Miss. Ann. Code § 41-29-147 Web Search

The use of a gun in the commission of any drug crime or possession of a gun at the time of arrest for a drug crime doubles both the maximum allowable period of incarceration and the maximum fine for any given offense.

Miss. Ann. Code § 41-29-152 Web Search

Paraphernalia

Using, or possessing paraphernalia is a misdemeanor, punishable by up to 6 months in jail and a maximum fine of $500. This does not apply to individuals convicted of possession of 30 grams of marijuana, approximately one ounce or less; in that case the possession punishment would be the only penalty.

Miss. Ann. Code § 41-29-139 (d)(1) Web Search

Selling paraphernalia is a misdemeanor, punishable by up to a $500 fine or up to 6 months in jail. Additionally, selling paraphernalia to a minor is punishable of up to $1,000 and/or up to one year in jail.

Miss. Ann. Code § 41-29-139 (d)(2)-(3) Web Search

It is illegal to advertise the sale of paraphernalia in any print or electronic publication. The penalty for such activity is a fine of up to $500 and/or 6 months in jail.

Miss. Ann. Code § 41-29-139(d) (4) Web Search

Miscellaneous

Any conviction will result in a 6-month driver’s license suspension.

Miss. Ann. Code § 63-1-71(1) Web Search

Possession of between one and 30 grams kept in a vehicle is punishable of a fine up to $1,000 and up to 90 days in jail. This applies to areas in the vehicle occupied by drivers or passengers including the utility or glove compartment but does not apply to the trunk.

An automobile will not be subject to a forfeiture for conviction for possession for less than 30 grams of marijuana, for possession of between 1 and 30 grams in a vehicle or possession of more than 30 but less than 250 grams.

Miss. Ann. Code § 41-29 -153. Web Search

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