Marijuana possession; authorize a civil penalty when less than 3.5 ounces.

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To: Drug Policy; Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Karriem

HOUSE BILL NO. 1430

AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE A CIVIL PENALTY FOR LESS THAN 3.5 OUNCES OF 2
MARIJUANA; AND 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 * * * to 3.5 ounces, 37
by imprisonment for not more than three (3) years or a fine of not 38
more than Three Thousand Dollars ($3,000.00), or both; 39
2. If more than thirty (30) grams but less 40
than two hundred fifty (250) grams, by imprisonment for not more 41
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than five (5) years or a fine of not more than Five Thousand 42
Dollars ($5,000.00), or both; 43
3. If two hundred fifty (250) or more grams 44
but less than five hundred (500) grams, by imprisonment for not 45
less than three (3) years nor more than ten (10) years or a fine 46
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 47
4. If five hundred (500) or more grams but 48
less than one (1) kilogram, by imprisonment for not less than five 49
(5) years nor more than twenty (20) years or a fine of not more 50
than Twenty Thousand Dollars ($20,000.00), or both. 51
5. If less than 3.5 ounces, a civil penalty 52
of One Hundred Dollars ($100.00). 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
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4. If forty (40) or more grams but less than 66
two hundred (200) grams, by imprisonment for not less than five 67
(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 One Hundred Dollars ($100.00) nor more than Two 163
Hundred Fifty Dollars ($250.00). The provisions of this paragraph 164
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(2)(A) may be enforceable by summons if the offender provides 165
proof of identity satisfactory to the arresting officer and gives 166
written promise to appear in court satisfactory to the arresting 167
officer, as directed by the summons. A second conviction under 168
this section within two (2) years is a misdemeanor punishable by a 169
fine of Two Hundred Fifty Dollars ($250.00), not more than sixty 170
(60) days in the county jail, and mandatory participation in a 171
drug education program approved by the Division of Alcohol and 172
Drug Abuse of the State Department of Mental Health, unless the 173
court enters a written finding that a drug education program is 174
inappropriate. A third or subsequent conviction under this 175
paragraph (2)(A) within two (2) years is a misdemeanor punishable 176
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 177
more than One Thousand Dollars ($1,000.00) and confinement for not 178
more than six (6) months in the county jail. 179
Upon a first or second conviction under this paragraph 180
(2)(A), the courts shall forward a report of the conviction to the 181
Mississippi Bureau of Narcotics which shall make and maintain a 182
private, nonpublic record for a period not to exceed two (2) years 183
from the date of conviction. The private, nonpublic record shall 184
be solely for the use of the courts in determining the penalties 185
which attach upon conviction under this paragraph (2)(A) and shall 186
not constitute a criminal record for the purpose of private or 187
administrative inquiry and the record of each conviction shall be 188
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expunged at the end of the period of two (2) years following the 189
date of such conviction; 190
2. Additionally, a person who is the operator 191
of a motor vehicle, who possesses on his person or knowingly keeps 192
or allows to be kept in a motor vehicle within the area of the 193
vehicle normally occupied by the driver or passengers, more than 194
one (1) gram, but not more than thirty (30) grams of marijuana or 195
not more than ten (10) grams of synthetic cannabinoids is guilty 196
of a misdemeanor and, upon conviction, may be fined not more than 197
One Thousand Dollars ($1,000.00) or confined for not more than 198
ninety (90) days in the county jail, or both. For the purposes of 199
this subsection, such area of the vehicle shall not include the 200
trunk of the motor vehicle or the areas not normally occupied by 201
the driver or passengers if the vehicle is not equipped with a 202
trunk. A utility or glove compartment shall be deemed to be 203
within the area occupied by the driver and passengers. 204
(B) Marijuana: 205
1. If more than thirty (30) grams but less 206
than two hundred fifty (250) grams, by a fine of not more than One 207
Thousand Dollars ($1,000.00), or confinement in the county jail 208
for not more than one (1) year, or both; or by a fine of not more 209
than Three Thousand Dollars ($3,000.00), or imprisonment in the 210
custody of the Department of Corrections for not more than three 211
(3) years, or both; 212
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2. If two hundred fifty (250) or more grams 213
but less than five hundred (500) grams, by imprisonment for not 214
less than two (2) years nor more than eight (8) years or by a fine 215
of not more than Fifty Thousand Dollars ($50,000.00), or both; 216
3. If five hundred (500) or more grams but 217
less than one (1) kilogram, by imprisonment for not less than four 218
(4) years nor more than sixteen (16) years or a fine of not more 219
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 220
4. If one (1) kilogram or more but less than 221
five (5) kilograms, by imprisonment for not less than six (6) 222
years nor more than twenty-four (24) years or a fine of not more 223
than Five Hundred Thousand Dollars ($500,000.00), or both; 224
5. If five (5) kilograms or more, by 225
imprisonment for not less than ten (10) years nor more than thirty 226
(30) years or a fine of not more than One Million Dollars 227
($1,000,000.00), or both. 228
(C) Synthetic cannabinoids: 229
1. If more than ten (10) grams but less than 230
twenty (20) grams, by a fine of not more than One Thousand Dollars 231
($1,000.00), or confinement in the county jail for not more than 232
one (1) year, or both; or by a fine of not more than Three 233
Thousand Dollars ($3,000.00), or imprisonment in the custody of 234
the Department of Corrections for not more than three (3) years, 235
or both; 236
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2. If twenty (20) or more grams but less than 237
forty (40) grams, by imprisonment for not less than two (2) years 238
nor more than eight (8) years or by a fine of not more than Fifty 239
Thousand Dollars ($50,000.00), or both; 240
3. If forty (40) or more grams but less than 241
two hundred (200) grams, by imprisonment for not less than four 242
(4) years nor more than sixteen (16) years or a fine of not more 243
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 244
4. If two hundred (200) or more grams, by 245
imprisonment for not less than six (6) years nor more than 246
twenty-four (24) years or a fine of not more than Five Hundred 247
Thousand Dollars ($500,000.00), or both. 248
(3) A controlled substance classified in Schedule III, 249
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 250
conviction, may be punished as follows: 251
(A) If less than fifty (50) grams or less than one 252
hundred (100) dosage units, the offense is a misdemeanor and 253
punishable by not more than one (1) year or a fine of not more 254
than One Thousand Dollars ($1,000.00), or both. 255
(B) If fifty (50) or more grams or one hundred 256
(100) or more dosage units, but less than one hundred fifty (150) 257
grams or five hundred (500) dosage units, by imprisonment for not 258
less than one (1) year nor more than four (4) years or a fine of 259
not more than Ten Thousand Dollars ($10,000.00), or both. 260
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(C) If one hundred fifty (150) or more grams or 261
five hundred (500) or more dosage units, but less than three 262
hundred (300) grams or one thousand (1,000) dosage units, by 263
imprisonment for not less than two (2) years nor more than eight 264
(8) years or a fine of not more than Fifty Thousand Dollars 265
($50,000.00), or both. 266
(D) If three hundred (300) or more grams or one 267
thousand (1,000) or more dosage units, but less than five hundred 268
(500) grams or two thousand five hundred (2,500) dosage units, by 269
imprisonment for not less than four (4) years nor more than 270
sixteen (16) years or a fine of not more than Two Hundred Fifty 271
Thousand Dollars ($250,000.00), or both. 272
(d) Paraphernalia. (1) Except as otherwise provided under 273
subsection (i) of this section for actions that are lawful under 274
the Mississippi Medical Cannabis Act and in compliance with rules 275
and regulations adopted thereunder, it is unlawful for a person 276
who is not authorized by the State Board of Medical Licensure, 277
State Board of Pharmacy, or other lawful authority to use, or to 278
possess with intent to use, paraphernalia to plant, propagate, 279
cultivate, grow, harvest, manufacture, compound, convert, produce, 280
process, prepare, test, analyze, pack, repack, store, contain, 281
conceal, inject, ingest, inhale or otherwise introduce into the 282
human body a controlled substance in violation of the Uniform 283
Controlled Substances Law. Any person who violates this 284
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 285
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may be confined in the county jail for not more than six (6) 286
months, or fined not more than Five Hundred Dollars ($500.00), or 287
both; however, no person shall be charged with a violation of this 288
subsection when such person is also charged with the possession of 289
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 290
of this section. 291
(2) It is unlawful for any person to deliver, sell, 292
possess with intent to deliver or sell, or manufacture with intent 293
to deliver or sell, paraphernalia, knowing, or under circumstances 294
where one reasonably should know, that it will be used to plant, 295
propagate, cultivate, grow, harvest, manufacture, compound, 296
convert, produce, process, prepare, test, analyze, pack, repack, 297
store, contain, conceal, inject, ingest, inhale, or otherwise 298
introduce into the human body a controlled substance in violation 299
of the Uniform Controlled Substances Law. Except as provided in 300
subsection (d)(3), a person who violates this subsection (d)(2) is 301
guilty of a misdemeanor and, upon conviction, may be confined in 302
the county jail for not more than six (6) months, or fined not 303
more than Five Hundred Dollars ($500.00), or both. 304
(3) Any person eighteen (18) years of age or over who 305
violates subsection (d)(2) of this section by delivering or 306
selling paraphernalia to a person under eighteen (18) years of age 307
who is at least three (3) years his junior is guilty of a 308
misdemeanor and, upon conviction, may be confined in the county 309
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jail for not more than one (1) year, or fined not more than One 310
Thousand Dollars ($1,000.00), or both. 311
(4) It is unlawful for any person to place in any 312
newspaper, magazine, handbill, or other publication any 313
advertisement, knowing, or under circumstances where one 314
reasonably should know, that the purpose of the advertisement, in 315
whole or in part, is to promote the sale of objects designed or 316
intended for use as paraphernalia. Any person who violates this 317
subsection is guilty of a misdemeanor and, upon conviction, may be 318
confined in the county jail for not more than six (6) months, or 319
fined not more than Five Hundred Dollars ($500.00), or both. 320
(e) It shall be unlawful for any physician practicing 321
medicine in this state to prescribe, dispense or administer any 322
amphetamine or amphetamine-like anorectics and/or central nervous 323
system stimulants classified in Schedule II, pursuant to Section 324
41-29-115, for the exclusive treatment of obesity, weight control 325
or weight loss. Any person who violates this subsection, upon 326
conviction, is guilty of a misdemeanor and may be confined for a 327
period not to exceed six (6) months, or fined not more than One 328
Thousand Dollars ($1,000.00), or both. 329
(f) Trafficking. (1) Any person trafficking in controlled 330
substances shall be guilty of a felony and, upon conviction, shall 331
be imprisoned for a term of not less than ten (10) years nor more 332
than forty (40) years and shall be fined not less than Five 333
Thousand Dollars ($5,000.00) nor more than One Million Dollars 334
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($1,000,000.00). The ten-year mandatory sentence shall not be 335
reduced or suspended. The person shall not be eligible for 336
probation or parole, the provisions of Sections 41-29-149, 337
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 338
(2) "Trafficking in controlled substances" as used 339
herein means: 340
(A) A violation of subsection (a) of this section 341
involving thirty (30) or more grams or forty (40) or more dosage 342
units of a Schedule I or II controlled substance except marijuana 343
and synthetic cannabinoids; 344
(B) A violation of subsection (a) of this section 345
involving five hundred (500) or more grams or two thousand five 346
hundred (2,500) or more dosage units of a Schedule III, IV or V 347
controlled substance; 348
(C) A violation of subsection (c) of this section 349
involving thirty (30) or more grams or forty (40) or more dosage 350
units of a Schedule I or II controlled substance except marijuana 351
and synthetic cannabinoids; 352
(D) A violation of subsection (c) of this section 353
involving five hundred (500) or more grams or two thousand five 354
hundred (2,500) or more dosage units of a Schedule III, IV or V 355
controlled substance; or 356
(E) A violation of subsection (a) of this section 357
involving one (1) kilogram or more of marijuana or two hundred 358
(200) grams or more of synthetic cannabinoids. 359
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(g) Aggravated trafficking. Any person trafficking in 360
Schedule I or II controlled substances, except marijuana and 361
synthetic cannabinoids, of two hundred (200) grams or more shall 362
be guilty of aggravated trafficking and, upon conviction, shall be 363
sentenced to a term of not less than twenty-five (25) years nor 364
more than life in prison and shall be fined not less than Five 365
Thousand Dollars ($5,000.00) nor more than One Million Dollars 366
($1,000,000.00). The twenty-five-year sentence shall be a 367
mandatory sentence and shall not be reduced or suspended. The 368
person shall not be eligible for probation or parole, the 369
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 370
the contrary notwithstanding. 371
(h) Sentence mitigation. (1) Notwithstanding any provision 372
of this section, a person who has been convicted of an offense 373
under this section that requires the judge to impose a prison 374
sentence which cannot be suspended or reduced and is ineligible 375
for probation or parole may, at the discretion of the court, 376
receive a sentence of imprisonment that is no less than 377
twenty-five percent (25%) of the sentence prescribed by the 378
applicable statute. In considering whether to apply the departure 379
from the sentence prescribed, the court shall conclude that: 380
(A) The offender was not a leader of the criminal 381
enterprise; 382
(B) The offender did not use violence or a weapon 383
during the crime; 384
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ST: Marijuana possession; authorize a civil
penalty when less than 3.5 ounces.
(C) The offense did not result in a death or 385
serious bodily injury of a person not a party to the criminal 386
enterprise; and 387
(D) The interests of justice are not served by the 388
imposition of the prescribed mandatory sentence. 389
The court may also consider whether information and 390
assistance were furnished to a law enforcement agency, or its 391
designee, which, in the opinion of the trial judge, objectively 392
should or would have aided in the arrest or prosecution of others 393
who violate this subsection. The accused shall have adequate 394
opportunity to develop and make a record of all information and 395
assistance so furnished. 396
(2) If the court reduces the prescribed sentence 397
pursuant to this subsection, it must specify on the record the 398
circumstances warranting the departure. 399
(i) This section does not apply to any of the actions that 400
are lawful under the Mississippi Medical Cannabis Act and in 401
compliance with rules and regulations adopted thereunder. 402
SECTION 2. This act shall take effect and be in force from 403
and after July 1, 2026. 404