Mississippi Marijuana Laws
Mississippi’s medical cannabis law took effect on February 2, 2022, after the state Supreme Court struck down a voter initiative passed in 2020. This guide covers possession fines, who may buy, the qualifying conditions and how Initiative 65 led to the 2022 Act.
Is Marijuana Legal in Mississippi?
Yes, cannabis in Mississippi is legal, as long as it is medical use by registered cardholders with qualifying conditions such as cancer, or chronic pain caused by a chronic or debilitating condition or its treatment. The Mississippi medical marijuana law lets those cardholders buy, possess and use medical cannabis products within state limits. Recreational cannabis remains illegal in Mississippi.
Is Medical Marijuana Legal?
Yes, medical usage of cannabis in Mississippi is allowed. Today’s program rests on Senate Bill 2095, the Mississippi Medical Cannabis Act, which followed a 2020 citizen initiative. Voters approved Initiative 65 on November 3, 2020, but the Supreme Court of Mississippi voided it on May 14, 2021.
The Legislature then passed the Mississippi Medical Cannabis Act, which the Governor approved on February 2, 2022. The Legislature has amended the Act three times since, in 2023, 2024 and 2025.
To qualify for medical cannabis use in Mississippi, a patient must receive a written certification from an MSDH-registered practitioner, such as a medical marijuana doctor, stating that they have a qualifying medical condition.
Is Recreational Marijuana Legal?
No. Recreational marijuana is illegal in Mississippi; only registered cardholders may use medical cannabis, and the 2026 bills to legalize adult retail sales died in committee.
The History of Marijuana Laws in Mississippi
For a long time, cannabis was taxed and regulated across the US under the Marihuana Tax Act of 1937. For decades Mississippi had no medical cannabis program. Harper Grace’s Law (Miss. Code 41-29-136), on the books before the 2022 Act, gives a narrow legal defense for CBD solution used under a physician’s order for a debilitating epileptic condition; Senate Bill 2340 (2024) set its repeal for July 1, 2027.
In 2020, a citizen-led measure, Initiative 65, put medical marijuana on the Mississippi ballot. As a citizen initiative, it had to meet the Mississippi Constitution’s petition rules. Mississippi voters approved Initiative 65 in November 2020.
The Supreme Court voided the measure in May 2021 because it reached the ballot without meeting section 273(3), and in the 2022 session Senate Bill 2095, the Mississippi Medical Cannabis Act, was introduced. This act quickly passed both Senate and House and was signed into law by the state’s governor, Tate Reeves, in February of 2022. As of October 8, 2026, the MSDH business search lists 188 licensed dispensaries across the state.
Mississippi Marijuana Laws on Possession and Growing
Mississippi marijuana laws treat possession very differently for cardholders and for everyone else, and they bar home cultivation for both.
Possession & Purchase
Outside the medical program, possessing marijuana is an offense in Mississippi. Those who are caught in possession of a small amount of marijuana (30 grams or 1.1oz) for the first time face a fine of $100 to $250, which may be enforced by summons rather than arrest.
A second conviction within two years is a misdemeanor with a $250 fine, up to 60 days in county jail and drug education; a third within two years brings up to six months in jail and a fine of up to $1,000. Fines and sentences can be much larger for those caught with or trying to sell large amounts.
How Much Can I Buy and Possess?
It’s not legal to buy or possess any amount of marijuana in Mississippi unless you have a medical marijuana card. Cardholders may buy up to 24 MMCEUs every 30 days and keep up to 28 MMCEUs at a time; one MMCEU equals 3.5 grams of flower.
Where Can I Obtain Cannabis?
It’s only possible to buy cannabis from licensed medical cannabis dispensaries, and only with a Mississippi medical marijuana card. You can’t buy cannabis without this card.
Who Can Legally Purchase Cannabis in Mississippi?
Only cardholders can buy medical cannabis; for a patient under 18, the parent or guardian registered as caregiver buys it.
Home Cultivation
Home cultivation of marijuana is illegal in the state of Mississippi.
Reciprocity
Mississippi lets visitors who hold an active card from their home state buy medical cannabis with a $75 temporary card from the Mississippi State Department of Health.
Consumption
Only registered cardholders with qualifying conditions may use medical cannabis in Mississippi.
Where Can I Safely Consume Cannabis?
Smoking or vaping medical cannabis in a public place or in a vehicle is not allowed in Mississippi. Plan to use it in private, away from public places and vehicles.
Qualifying Patients
Only certain patients can buy and use medical marijuana in Mississippi. You’ll need to have been diagnosed with one of the conditions from the list below, and there’s an application process you have to go through with the aid of your physician in order to obtain your medical marijuana card. Here is the list of qualifying conditions in Mississippi law.
- Cancer
- Parkinson’s disease
- Huntington’s disease
- Muscular dystrophy
- Glaucoma
- Spastic quadriplegia
- HIV/AIDS
- Hepatitis
- Amyotrophic lateral sclerosis (ALS)
- Crohn’s disease
- Ulcerative colitis
- Sickle-cell anemia
- Alzheimer’s
- Post-traumatic stress disorder (PTSD)
- Autism
- Diabetic or peripheral neuropathy
- Spinal cord disease
- Severe spinal cord injury
- Pain refractory to appropriate opioid management
- Agitation of dementia, or a chronic, terminal or debilitating condition causing cachexia, chronic pain, severe or intractable nausea, seizures or severe, persistent muscle spasms
Possession & Transport
It is illegal to transport marijuana in the state of Mississippi unless you have a medical marijuana card. Even with a card, you’re only allowed to buy and transport specific amounts (no more than 28 MMCEUs, or 98 grams of flower, should be in your possession at any one time).
Driving
Mississippi law makes it illegal to drive under the influence of any substance that has impaired your ability to drive, or of a drug you possess unlawfully (Miss. Code 63-11-30(1)). The medical cannabis law gives cardholders no protection for impaired driving.
Expungement
Whether a Mississippi marijuana conviction can be expunged, and when, depends on the offense and the statute that applies, so ask the court that handled the case or a Mississippi attorney. Any change would need new legislation from the Mississippi Legislature.
How to Obtain a Medical Card?
Getting a medical marijuana card in Mississippi takes an in-person exam by a practitioner registered with MSDH and an online application to the program within six months, with a $25 state fee.
Overall, Mississippi allows medical cannabis for cardholders only; adult use stays illegal, and the 2026 bills to legalize retail sales died in committee.
Sources, checked October 8, 2026: MMCP Patients and Caregivers, MMCP Frequently Asked Questions, Senate Bill 2095 (2022), House Bill 1158 (2023), Senate Bill 2748 (2025) and the Supreme Court of Mississippi opinion In re Initiative Measure No. 65.
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