Marijuana; reduce penalties for possession of.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Harness

HOUSE BILL NO. 1280

AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 1
TO REDUCE THE PENALTIES FOR CONVICTIONS RELATED TO MARIJUANA; AND 2
FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 41-29-139, Mississippi Code of 1972, is 5
amended as follows: 6
41-29-139. (a) Transfer and possession with intent to 7
transfer. Except as authorized by this article, it is unlawful 8
for any person knowingly or intentionally: 9
(1) To sell, barter, transfer, manufacture, distribute, 10
dispense or possess with intent to sell, barter, transfer, 11
manufacture, distribute or dispense, a controlled substance; or 12
(2) To create, sell, barter, transfer, distribute, 13
dispense or possess with intent to create, sell, barter, transfer, 14
distribute or dispense, a counterfeit substance. 15
(b) Punishment for transfer and possession with intent to 16
transfer. Except as otherwise provided in Section 41-29-142, any 17
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person who violates subsection (a) of this section shall be, if 18
convicted, sentenced as follows: 19
(1) For controlled substances classified in Schedule I 20
or II, as set out in Sections 41-29-113 and 41-29-115, other than 21
marijuana or synthetic cannabinoids: 22
(A) If less than two (2) grams or ten (10) dosage 23
units, by imprisonment for not more than eight (8) years or a fine 24
of not more than Fifty Thousand Dollars ($50,000.00), or both. 25
(B) If two (2) or more grams or ten (10) or more 26
dosage units, but less than ten (10) grams or twenty (20) dosage 27
units, by imprisonment for not less than three (3) years nor more 28
than twenty (20) years or a fine of not more than Two Hundred 29
Fifty Thousand Dollars ($250,000.00), or both. 30
(C) If ten (10) or more grams or twenty (20) or 31
more dosage units, but less than thirty (30) grams or forty (40) 32
dosage units, by imprisonment for not less than five (5) years nor 33
more than thirty (30) years or a fine of not more than Five 34
Hundred Thousand Dollars ($500,000.00), or both. 35
(2) (A) For marijuana: 36
1. If thirty (30) grams or less, by 37
imprisonment for not more than * * * eighteen (18) months or a 38
fine of not more than * * * One Thousand Five Hundred Dollars 39
($1,500.00), or both; 40
2. If more than thirty (30) grams but less 41
than two hundred fifty (250) grams, by imprisonment for not more 42
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than * * * two (2) years or a fine of not more than * * * Two 43
Thousand Five Hundred Dollars ($2,500.00), or both; 44
3. If two hundred fifty (250) or more grams 45
but less than five hundred (500) grams, by imprisonment for 46
not * * * more than * * * five (5) years or a fine of not more 47
than * * * Seven Thousand Five Hundred Dollars ($7,500.00), or 48
both; 49
4. If five hundred (500) or more grams but 50
less than one (1) kilogram, by imprisonment for not * * * more 51
than * * * ten (10) years or a fine of not more than * * * Ten 52
Thousand Dollars ($10,000.00), or both. 53
(B) For synthetic cannabinoids: 54
1. If ten (10) grams or less, by imprisonment 55
for not more than three (3) years or a fine of not more than Three 56
Thousand Dollars ($3,000.00), or both; 57
2. If more than ten (10) grams but less than 58
twenty (20) grams, by imprisonment for not more than five (5) 59
years or a fine of not more than Five Thousand Dollars 60
($5,000.00), or both; 61
3. If twenty (20) or more grams but less than 62
forty (40) grams, by imprisonment for not less than three (3) 63
years nor more than ten (10) years or a fine of not more than 64
Fifteen Thousand Dollars ($15,000.00), or both; 65
4. If forty (40) or more grams but less than 66
two hundred (200) grams, by imprisonment for not less than five 67
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(5) years nor more than twenty (20) years or a fine of not more 68
than Twenty Thousand Dollars ($20,000.00), or both. 69
(3) For controlled substances classified in Schedules 70
III and IV, as set out in Sections 41-29-117 and 41-29-119: 71
(A) If less than two (2) grams or ten (10) dosage 72
units, by imprisonment for not more than five (5) years or a fine 73
of not more than Five Thousand Dollars ($5,000.00), or both; 74
(B) If two (2) or more grams or ten (10) or more 75
dosage units, but less than ten (10) grams or twenty (20) dosage 76
units, by imprisonment for not more than eight (8) years or a fine 77
of not more than Fifty Thousand Dollars ($50,000.00), or both; 78
(C) If ten (10) or more grams or twenty (20) or 79
more dosage units, but less than thirty (30) grams or forty (40) 80
dosage units, by imprisonment for not more than fifteen (15) years 81
or a fine of not more than One Hundred Thousand Dollars 82
($100,000.00), or both; 83
(D) If thirty (30) or more grams or forty (40) or 84
more dosage units, but less than five hundred (500) grams or two 85
thousand five hundred (2,500) dosage units, by imprisonment for 86
not more than twenty (20) years or a fine of not more than Two 87
Hundred Fifty Thousand Dollars ($250,000.00), or both. 88
(4) For controlled substances classified in Schedule V, 89
as set out in Section 41-29-121: 90
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(A) If less than two (2) grams or ten (10) dosage 91
units, by imprisonment for not more than one (1) year or a fine of 92
not more than Five Thousand Dollars ($5,000.00), or both; 93
(B) If two (2) or more grams or ten (10) or more 94
dosage units, but less than ten (10) grams or twenty (20) dosage 95
units, by imprisonment for not more than five (5) years or a fine 96
of not more than Ten Thousand Dollars ($10,000.00), or both; 97
(C) If ten (10) or more grams or twenty (20) or 98
more dosage units, but less than thirty (30) grams or forty (40) 99
dosage units, by imprisonment for not more than ten (10) years or 100
a fine of not more than Twenty Thousand Dollars ($20,000.00), or 101
both; 102
(D) For thirty (30) or more grams or forty (40) or 103
more dosage units, but less than five hundred (500) grams or two 104
thousand five hundred (2,500) dosage units, by imprisonment for 105
not more than fifteen (15) years or a fine of not more than Fifty 106
Thousand Dollars ($50,000.00), or both. 107
(c) Simple possession. Except as otherwise provided under 108
subsection (i) of this section for actions that are lawful under 109
the Mississippi Medical Cannabis Act and in compliance with rules 110
and regulations adopted thereunder, it is unlawful for any person 111
knowingly or intentionally to possess any controlled substance 112
unless the substance was obtained directly from, or pursuant to, a 113
valid prescription or order of a practitioner while acting in the 114
course of his professional practice, or except as otherwise 115
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authorized by this article. The penalties for any violation of 116
this subsection (c) with respect to a controlled substance 117
classified in Schedules I, II, III, IV or V, as set out in Section 118
41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including 119
marijuana or synthetic cannabinoids, shall be based on dosage unit 120
as defined herein or the weight of the controlled substance as set 121
forth herein as appropriate: 122
"Dosage unit (d.u.)" means a tablet or capsule, or in the 123
case of a liquid solution, one (1) milliliter. In the case of 124
lysergic acid diethylamide (LSD) the term, "dosage unit" means a 125
stamp, square, dot, microdot, tablet or capsule of a controlled 126
substance. 127
For any controlled substance that does not fall within the 128
definition of the term "dosage unit," the penalties shall be based 129
upon the weight of the controlled substance. 130
The weight set forth refers to the entire weight of any 131
mixture or substance containing a detectable amount of the 132
controlled substance. 133
If a mixture or substance contains more than one (1) 134
controlled substance, the weight of the mixture or substance is 135
assigned to the controlled substance that results in the greater 136
punishment. 137
A person shall be charged and sentenced as follows for a 138
violation of this subsection with respect to: 139
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(1) A controlled substance classified in Schedule I or 140
II, except marijuana and synthetic cannabinoids: 141
(A) If less than one-tenth (0.1) gram or two (2) 142
dosage units, the violation is a misdemeanor and punishable by 143
imprisonment for not more than one (1) year or a fine of not more 144
than One Thousand Dollars ($1,000.00), or both. 145
(B) If one-tenth (0.1) gram or more or two (2) or 146
more dosage units, but less than two (2) grams or ten (10) dosage 147
units, by imprisonment for not more than three (3) years or a fine 148
of not more than Fifty Thousand Dollars ($50,000.00), or both. 149
(C) If two (2) or more grams or ten (10) or more 150
dosage units, but less than ten (10) grams or twenty (20) dosage 151
units, by imprisonment for not more than eight (8) years or a fine 152
of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 153
or both. 154
(D) If ten (10) or more grams or twenty (20) or 155
more dosage units, but less than thirty (30) grams or forty (40) 156
dosage units, by imprisonment for not less than three (3) years 157
nor more than twenty (20) years or a fine of not more than Five 158
Hundred Thousand Dollars ($500,000.00), or both. 159
(2) (A) Marijuana and synthetic cannabinoids: 160
1. If thirty (30) grams or less of marijuana 161
or ten (10) grams or less of synthetic cannabinoids, by a fine of 162
not less than * * * Fifty Dollars ($50.00) nor more than * * * One 163
Hundred Twenty-five Dollars ($125.00). The provisions of this 164
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paragraph (2)(A) may be enforceable by summons if the offender 165
provides proof of identity satisfactory to the arresting officer 166
and gives written promise to appear in court satisfactory to the 167
arresting officer, as directed by the summons. A second 168
conviction under this section within two (2) years is a 169
misdemeanor punishable by a fine of * * * One Hundred Twenty-five 170
Dollars ($125.00), not more than * * * thirty (30) days in the 171
county jail, and mandatory participation in a drug education 172
program approved by the Division of Alcohol and Drug Abuse of the 173
State Department of Mental Health, unless the court enters a 174
written finding that a drug education program is inappropriate. A 175
third or subsequent conviction under this paragraph (2)(A) within 176
two (2) years is a misdemeanor punishable by a fine of not less 177
than * * * One Hundred Twenty-five Dollars ($125.00) nor more than 178
Five Hundred Dollars ($500.00) and confinement for not more 179
than * * * three (3) months in the county jail. 180
Upon a first or second conviction under this paragraph 181
(2)(A), the courts shall forward a report of the conviction to the 182
Mississippi Bureau of Narcotics which shall make and maintain a 183
private, nonpublic record for a period not to * * * one (1) year 184
from the date of conviction. The private, nonpublic record shall 185
be solely for the use of the courts in determining the penalties 186
which attach upon conviction under this paragraph (2)(A) and shall 187
not constitute a criminal record for the purpose of private or 188
administrative inquiry and the record of each conviction shall be 189
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expunged at the end of the period of two (2) years following the 190
date of such conviction; 191
2. Additionally, a person who is the operator 192
of a motor vehicle, who possesses on his person or knowingly keeps 193
or allows to be kept in a motor vehicle within the area of the 194
vehicle normally occupied by the driver or passengers, more than 195
one (1) gram, but not more than thirty (30) grams of marijuana or 196
not more than ten (10) grams of synthetic cannabinoids is guilty 197
of a misdemeanor and, upon conviction, may be fined not more than 198
One Thousand Dollars ($1,000.00) or confined for not more than 199
ninety (90) days in the county jail, or both. For the purposes of 200
this subsection, such area of the vehicle shall not include the 201
trunk of the motor vehicle or the areas not normally occupied by 202
the driver or passengers if the vehicle is not equipped with a 203
trunk. A utility or glove compartment shall be deemed to be 204
within the area occupied by the driver and passengers. 205
(B) Marijuana: 206
1. If more than thirty (30) grams but less 207
than two hundred fifty (250) grams, by a fine of not more 208
than * * * Five Hundred Dollars ($500.00), or confinement in the 209
county jail for not more than * * * six (6) months, or both; or by 210
a fine of not more than * * * One Thousand Five Hundred Dollars 211
($1,500.00), or imprisonment in the custody of the Department of 212
Corrections for not more than * * * one (1) year, or both; 213
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2. If two hundred fifty (250) or more grams 214
but less than five hundred (500) grams, by imprisonment for 215
not * * * more than * * * four (4) years or by a fine of not more 216
than * * * Twenty-five Thousand Dollars ($25,000.00), or both; 217
3. If five hundred (500) or more grams but 218
less than one (1) kilogram, by imprisonment for not * * * more 219
than * * * eight (8) years or a fine of not more than * * * One 220
Hundred Twenty-five Thousand Dollars ($125,000.00), or both; 221
4. If one (1) kilogram or more but less than 222
five (5) kilograms, by imprisonment for not * * * more than * * * 223
twelve (12) years or a fine of not more than * * * Two Hundred 224
Fifty Thousand Dollars ($250,000.00), or both; 225
5. If five (5) kilograms or more, by 226
imprisonment for not * * * more than * * * fifteen (15) years or a 227
fine of not more than * * * Five Hundred Thousand Dollars 228
($500,000.00), or both. 229
(C) Synthetic cannabinoids: 230
1. If more than ten (10) grams but less than 231
twenty (20) grams, by a fine of not more than One Thousand Dollars 232
($1,000.00), or confinement in the county jail for not more than 233
one (1) year, or both; or by a fine of not more than Three 234
Thousand Dollars ($3,000.00), or imprisonment in the custody of 235
the Department of Corrections for not more than three (3) years, 236
or both; 237
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2. If twenty (20) or more grams but less than 238
forty (40) grams, by imprisonment for not less than two (2) years 239
nor more than eight (8) years or by a fine of not more than Fifty 240
Thousand Dollars ($50,000.00), or both; 241
3. If forty (40) or more grams but less than 242
two hundred (200) grams, by imprisonment for not less than four 243
(4) years nor more than sixteen (16) years or a fine of not more 244
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 245
4. If two hundred (200) or more grams, by 246
imprisonment for not less than six (6) years nor more than 247
twenty-four (24) years or a fine of not more than Five Hundred 248
Thousand Dollars ($500,000.00), or both. 249
(3) A controlled substance classified in Schedule III, 250
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 251
conviction, may be punished as follows: 252
(A) If less than fifty (50) grams or less than one 253
hundred (100) dosage units, the offense is a misdemeanor and 254
punishable by not more than one (1) year or a fine of not more 255
than One Thousand Dollars ($1,000.00), or both. 256
(B) If fifty (50) or more grams or one hundred 257
(100) or more dosage units, but less than one hundred fifty (150) 258
grams or five hundred (500) dosage units, by imprisonment for not 259
less than one (1) year nor more than four (4) years or a fine of 260
not more than Ten Thousand Dollars ($10,000.00), or both. 261
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(C) If one hundred fifty (150) or more grams or 262
five hundred (500) or more dosage units, but less than three 263
hundred (300) grams or one thousand (1,000) dosage units, by 264
imprisonment for not less than two (2) years nor more than eight 265
(8) years or a fine of not more than Fifty Thousand Dollars 266
($50,000.00), or both. 267
(D) If three hundred (300) or more grams or one 268
thousand (1,000) or more dosage units, but less than five hundred 269
(500) grams or two thousand five hundred (2,500) dosage units, by 270
imprisonment for not less than four (4) years nor more than 271
sixteen (16) years or a fine of not more than Two Hundred Fifty 272
Thousand Dollars ($250,000.00), or both. 273
(d) Paraphernalia. (1) Except as otherwise provided under 274
subsection (i) of this section for actions that are lawful under 275
the Mississippi Medical Cannabis Act and in compliance with rules 276
and regulations adopted thereunder, it is unlawful for a person 277
who is not authorized by the State Board of Medical Licensure, 278
State Board of Pharmacy, or other lawful authority to use, or to 279
possess with intent to use, paraphernalia to plant, propagate, 280
cultivate, grow, harvest, manufacture, compound, convert, produce, 281
process, prepare, test, analyze, pack, repack, store, contain, 282
conceal, inject, ingest, inhale or otherwise introduce into the 283
human body a controlled substance in violation of the Uniform 284
Controlled Substances Law. Any person who violates this 285
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 286
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may be confined in the county jail for not more than six (6) 287
months, or fined not more than Five Hundred Dollars ($500.00), or 288
both; however, no person shall be charged with a violation of this 289
subsection when such person is also charged with the possession of 290
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 291
of this section. 292
(2) It is unlawful for any person to deliver, sell, 293
possess with intent to deliver or sell, or manufacture with intent 294
to deliver or sell, paraphernalia, knowing, or under circumstances 295
where one reasonably should know, that it will be used to plant, 296
propagate, cultivate, grow, harvest, manufacture, compound, 297
convert, produce, process, prepare, test, analyze, pack, repack, 298
store, contain, conceal, inject, ingest, inhale, or otherwise 299
introduce into the human body a controlled substance in violation 300
of the Uniform Controlled Substances Law. Except as provided in 301
subsection (d)(3), a person who violates this subsection (d)(2) is 302
guilty of a misdemeanor and, upon conviction, may be confined in 303
the county jail for not more than six (6) months, or fined not 304
more than Five Hundred Dollars ($500.00), or both. 305
(3) Any person eighteen (18) years of age or over who 306
violates subsection (d)(2) of this section by delivering or 307
selling paraphernalia to a person under eighteen (18) years of age 308
who is at least three (3) years his junior is guilty of a 309
misdemeanor and, upon conviction, may be confined in the county 310
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jail for not more than one (1) year, or fined not more than One 311
Thousand Dollars ($1,000.00), or both. 312
(4) It is unlawful for any person to place in any 313
newspaper, magazine, handbill, or other publication any 314
advertisement, knowing, or under circumstances where one 315
reasonably should know, that the purpose of the advertisement, in 316
whole or in part, is to promote the sale of objects designed or 317
intended for use as paraphernalia. Any person who violates this 318
subsection is guilty of a misdemeanor and, upon conviction, may be 319
confined in the county jail for not more than six (6) months, or 320
fined not more than Five Hundred Dollars ($500.00), or both. 321
(e) It shall be unlawful for any physician practicing 322
medicine in this state to prescribe, dispense or administer any 323
amphetamine or amphetamine-like anorectics and/or central nervous 324
system stimulants classified in Schedule II, pursuant to Section 325
41-29-115, for the exclusive treatment of obesity, weight control 326
or weight loss. Any person who violates this subsection, upon 327
conviction, is guilty of a misdemeanor and may be confined for a 328
period not to exceed six (6) months, or fined not more than One 329
Thousand Dollars ($1,000.00), or both. 330
(f) Trafficking. (1) Any person trafficking in controlled 331
substances shall be guilty of a felony and, upon conviction, shall 332
be imprisoned for a term of not less than ten (10) years nor more 333
than forty (40) years and shall be fined not less than Five 334
Thousand Dollars ($5,000.00) nor more than One Million Dollars 335
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($1,000,000.00). The ten-year mandatory sentence shall not be 336
reduced or suspended. The person shall not be eligible for 337
probation or parole, the provisions of Sections 41-29-149, 338
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 339
(2) "Trafficking in controlled substances" as used 340
herein means: 341
(A) A violation of subsection (a) of this section 342
involving thirty (30) or more grams or forty (40) or more dosage 343
units of a Schedule I or II controlled substance except marijuana 344
and synthetic cannabinoids; 345
(B) A violation of subsection (a) of this section 346
involving five hundred (500) or more grams or two thousand five 347
hundred (2,500) or more dosage units of a Schedule III, IV or V 348
controlled substance; 349
(C) A violation of subsection (c) of this section 350
involving thirty (30) or more grams or forty (40) or more dosage 351
units of a Schedule I or II controlled substance except marijuana 352
and synthetic cannabinoids; 353
(D) A violation of subsection (c) of this section 354
involving five hundred (500) or more grams or two thousand five 355
hundred (2,500) or more dosage units of a Schedule III, IV or V 356
controlled substance; or 357
(E) A violation of subsection (a) of this section 358
involving one (1) kilogram or more of marijuana or two hundred 359
(200) grams or more of synthetic cannabinoids. 360
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(g) Aggravated trafficking. Any person trafficking in 361
Schedule I or II controlled substances, except marijuana and 362
synthetic cannabinoids, of two hundred (200) grams or more shall 363
be guilty of aggravated trafficking and, upon conviction, shall be 364
sentenced to a term of not less than twenty-five (25) years nor 365
more than life in prison and shall be fined not less than Five 366
Thousand Dollars ($5,000.00) nor more than One Million Dollars 367
($1,000,000.00). The twenty-five-year sentence shall be a 368
mandatory sentence and shall not be reduced or suspended. The 369
person shall not be eligible for probation or parole, the 370
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 371
the contrary notwithstanding. 372
(h) Sentence mitigation. (1) Notwithstanding any provision 373
of this section, a person who has been convicted of an offense 374
under this section that requires the judge to impose a prison 375
sentence which cannot be suspended or reduced and is ineligible 376
for probation or parole may, at the discretion of the court, 377
receive a sentence of imprisonment that is no less than 378
twenty-five percent (25%) of the sentence prescribed by the 379
applicable statute. In considering whether to apply the departure 380
from the sentence prescribed, the court shall conclude that: 381
(A) The offender was not a leader of the criminal 382
enterprise; 383
(B) The offender did not use violence or a weapon 384
during the crime; 385
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ST: Marijuana; reduce penalties for possession
of.
(C) The offense did not result in a death or 386
serious bodily injury of a person not a party to the criminal 387
enterprise; and 388
(D) The interests of justice are not served by the 389
imposition of the prescribed mandatory sentence. 390
The court may also consider whether information and 391
assistance were furnished to a law enforcement agency, or its 392
designee, which, in the opinion of the trial judge, objectively 393
should or would have aided in the arrest or prosecution of others 394
who violate this subsection. The accused shall have adequate 395
opportunity to develop and make a record of all information and 396
assistance so furnished. 397
(2) If the court reduces the prescribed sentence 398
pursuant to this subsection, it must specify on the record the 399
circumstances warranting the departure. 400
(i) This section does not apply to any of the actions that 401
are lawful under the Mississippi Medical Cannabis Act and in 402
compliance with rules and regulations adopted thereunder. 403
SECTION 2. This act shall take effect and be in force from 404
and after July 1, 2026. 405