Marijuana possession; provide civil penalty for.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 196

AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT A FIRST OFFENSE SIMPLE POSSESSION OF THIRTY GRAMS 2
OR LESS OF MARIJUANA OR TEN GRAMS OR LESS OF SYNTHETIC 3
CANNABINOIDS SHALL BE A CIVIL OFFENSE AND NOT A CRIMINAL OFFENSE; 4
AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 41-29-139, Mississippi Code of 1972, is 7
amended as follows: 8
41-29-139. (a) Transfer and possession with intent to 9
transfer. Except as authorized by this article, it is unlawful 10
for any person knowingly or intentionally: 11
(1) To sell, barter, transfer, manufacture, distribute, 12
dispense or possess with intent to sell, barter, transfer, 13
manufacture, distribute or dispense, a controlled substance; or 14
(2) To create, sell, barter, transfer, distribute, 15
dispense or possess with intent to create, sell, barter, transfer, 16
distribute or dispense, a counterfeit substance. 17
(b) Punishment for transfer and possession with intent to 18
transfer. Except as otherwise provided in Section 41-29-142, any 19
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person who violates subsection (a) of this section shall be, if 20
convicted, sentenced as follows: 21
(1) For controlled substances classified in Schedule I 22
or II, as set out in Sections 41-29-113 and 41-29-115, other than 23
marijuana or synthetic cannabinoids: 24
(A) If less than two (2) grams or ten (10) dosage 25
units, by imprisonment for not more than eight (8) years or a fine 26
of not more than Fifty Thousand Dollars ($50,000.00), or both. 27
(B) If two (2) or more grams or ten (10) or more 28
dosage units, but less than ten (10) grams or twenty (20) dosage 29
units, by imprisonment for not less than three (3) years nor more 30
than twenty (20) years or a fine of not more than Two Hundred 31
Fifty Thousand Dollars ($250,000.00), or both. 32
(C) If ten (10) or more grams or twenty (20) or 33
more dosage units, but less than thirty (30) grams or forty (40) 34
dosage units, by imprisonment for not less than five (5) years nor 35
more than thirty (30) years or a fine of not more than Five 36
Hundred Thousand Dollars ($500,000.00), or both. 37
(2) (A) For marijuana: 38
1. If thirty (30) grams or less, by 39
imprisonment for not more than three (3) years or a fine of not 40
more than Three Thousand Dollars ($3,000.00), or both; 41
2. If more than thirty (30) grams but less 42
than two hundred fifty (250) grams, by imprisonment for not more 43
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than five (5) years or a fine of not more than Five Thousand 44
Dollars ($5,000.00), or both; 45
3. If two hundred fifty (250) or more grams 46
but less than five hundred (500) grams, by imprisonment for not 47
less than three (3) years nor more than ten (10) years or a fine 48
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 49
4. If five hundred (500) or more grams but 50
less than one (1) kilogram, by imprisonment for not less than five 51
(5) years nor more than twenty (20) years or a fine of not more 52
than Twenty Thousand Dollars ($20,000.00), 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 civil 162
penalty with a fine of not less than One Hundred Dollars ($100.00) 163
nor more than Two Hundred Fifty Dollars ($250.00). The offense 164
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shall be a civil offense, and shall not be a criminal offense. 165
The civil fine shall be paid to the municipality or county in 166
which the offense occurred. The provisions of this paragraph 167
(2)(A) may be enforceable by summons if the offender provides 168
proof of identity satisfactory to the arresting officer and gives 169
written promise to appear in court satisfactory to the arresting 170
officer, as directed by the summons. A second conviction under 171
this section within two (2) years is a misdemeanor punishable by a 172
fine of Two Hundred Fifty Dollars ($250.00), not more than sixty 173
(60) days in the county jail, and mandatory participation in a 174
drug education program approved by the Division of Alcohol and 175
Drug Abuse of the State Department of Mental Health, unless the 176
court enters a written finding that a drug education program is 177
inappropriate. A third or subsequent conviction under this 178
paragraph (2)(A) within two (2) years is a misdemeanor punishable 179
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 180
more than One Thousand Dollars ($1,000.00) and confinement for not 181
more than six (6) months in the county jail. 182
Upon a first or second conviction under this paragraph 183
(2)(A), the courts shall forward a report of the conviction to the 184
Mississippi Bureau of Narcotics which shall make and maintain a 185
private, nonpublic record for a period not to exceed two (2) years 186
from the date of conviction. The private, nonpublic record shall 187
be solely for the use of the courts in determining the penalties 188
which attach upon conviction under this paragraph (2)(A) and shall 189
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not constitute a criminal record for the purpose of private or 190
administrative inquiry and the record of each conviction shall be 191
expunged at the end of the period of two (2) years following the 192
date of such conviction; 193
2. Additionally, a person who is the operator 194
of a motor vehicle, who possesses on his person or knowingly keeps 195
or allows to be kept in a motor vehicle within the area of the 196
vehicle normally occupied by the driver or passengers, more than 197
one (1) gram, but not more than thirty (30) grams of marijuana or 198
not more than ten (10) grams of synthetic cannabinoids is guilty 199
of a misdemeanor and, upon conviction, may be fined not more than 200
One Thousand Dollars ($1,000.00) or confined for not more than 201
ninety (90) days in the county jail, or both. For the purposes of 202
this subsection, such area of the vehicle shall not include the 203
trunk of the motor vehicle or the areas not normally occupied by 204
the driver or passengers if the vehicle is not equipped with a 205
trunk. A utility or glove compartment shall be deemed to be 206
within the area occupied by the driver and passengers. 207
(B) Marijuana: 208
1. If more than thirty (30) grams but less 209
than two hundred fifty (250) grams, by a fine of not more than One 210
Thousand Dollars ($1,000.00), or confinement in the county jail 211
for not more than one (1) year, or both; or by a fine of not more 212
than Three Thousand Dollars ($3,000.00), or imprisonment in the 213
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custody of the Department of Corrections for not more than three 214
(3) years, or both; 215
2. If two hundred fifty (250) or more grams 216
but less than five hundred (500) grams, by imprisonment for not 217
less than two (2) years nor more than eight (8) years or by a fine 218
of not more than Fifty Thousand Dollars ($50,000.00), or both; 219
3. If five hundred (500) or more grams but 220
less than one (1) kilogram, by imprisonment for not less than four 221
(4) years nor more than sixteen (16) years or a fine of not more 222
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 223
4. If one (1) kilogram or more but less than 224
five (5) kilograms, by imprisonment for not less than six (6) 225
years nor more than twenty-four (24) years or a fine of not more 226
than Five Hundred Thousand Dollars ($500,000.00), or both; 227
5. If five (5) kilograms or more, by 228
imprisonment for not less than ten (10) years nor more than thirty 229
(30) years or a fine of not more than One Million Dollars 230
($1,000,000.00), or both. 231
(C) Synthetic cannabinoids: 232
1. If more than ten (10) grams but less than 233
twenty (20) grams, by a fine of not more than One Thousand Dollars 234
($1,000.00), or confinement in the county jail for not more than 235
one (1) year, or both; or by a fine of not more than Three 236
Thousand Dollars ($3,000.00), or imprisonment in the custody of 237
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the Department of Corrections for not more than three (3) years, 238
or both; 239
2. If twenty (20) or more grams but less than 240
forty (40) grams, by imprisonment for not less than two (2) years 241
nor more than eight (8) years or by a fine of not more than Fifty 242
Thousand Dollars ($50,000.00), or both; 243
3. If forty (40) or more grams but less than 244
two hundred (200) grams, by imprisonment for not less than four 245
(4) years nor more than sixteen (16) years or a fine of not more 246
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 247
4. If two hundred (200) or more grams, by 248
imprisonment for not less than six (6) years nor more than 249
twenty-four (24) years or a fine of not more than Five Hundred 250
Thousand Dollars ($500,000.00), or both. 251
(3) A controlled substance classified in Schedule III, 252
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 253
conviction, may be punished as follows: 254
(A) If less than fifty (50) grams or less than one 255
hundred (100) dosage units, the offense is a misdemeanor and 256
punishable by not more than one (1) year or a fine of not more 257
than One Thousand Dollars ($1,000.00), or both. 258
(B) If fifty (50) or more grams or one hundred 259
(100) or more dosage units, but less than one hundred fifty (150) 260
grams or five hundred (500) dosage units, by imprisonment for not 261
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less than one (1) year nor more than four (4) years or a fine of 262
not more than Ten Thousand Dollars ($10,000.00), or both. 263
(C) If one hundred fifty (150) or more grams or 264
five hundred (500) or more dosage units, but less than three 265
hundred (300) grams or one thousand (1,000) dosage units, by 266
imprisonment for not less than two (2) years nor more than eight 267
(8) years or a fine of not more than Fifty Thousand Dollars 268
($50,000.00), or both. 269
(D) If three hundred (300) or more grams or one 270
thousand (1,000) or more dosage units, but less than five hundred 271
(500) grams or two thousand five hundred (2,500) dosage units, by 272
imprisonment for not less than four (4) years nor more than 273
sixteen (16) years or a fine of not more than Two Hundred Fifty 274
Thousand Dollars ($250,000.00), or both. 275
(d) Paraphernalia. (1) Except as otherwise provided under 276
subsection (i) of this section for actions that are lawful under 277
the Mississippi Medical Cannabis Act and in compliance with rules 278
and regulations adopted thereunder, it is unlawful for a person 279
who is not authorized by the State Board of Medical Licensure, 280
State Board of Pharmacy, or other lawful authority to use, or to 281
possess with intent to use, paraphernalia to plant, propagate, 282
cultivate, grow, harvest, manufacture, compound, convert, produce, 283
process, prepare, test, analyze, pack, repack, store, contain, 284
conceal, inject, ingest, inhale or otherwise introduce into the 285
human body a controlled substance in violation of the Uniform 286
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Controlled Substances Law. Any person who violates this 287
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 288
may be confined in the county jail for not more than six (6) 289
months, or fined not more than Five Hundred Dollars ($500.00), or 290
both; however, no person shall be charged with a violation of this 291
subsection when such person is also charged with the possession of 292
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 293
of this section. 294
(2) It is unlawful for any person to deliver, sell, 295
possess with intent to deliver or sell, or manufacture with intent 296
to deliver or sell, paraphernalia, knowing, or under circumstances 297
where one reasonably should know, that it will be used to plant, 298
propagate, cultivate, grow, harvest, manufacture, compound, 299
convert, produce, process, prepare, test, analyze, pack, repack, 300
store, contain, conceal, inject, ingest, inhale, or otherwise 301
introduce into the human body a controlled substance in violation 302
of the Uniform Controlled Substances Law. Except as provided in 303
subsection (d)(3), a person who violates this subsection (d)(2) is 304
guilty of a misdemeanor and, upon conviction, may be confined in 305
the county jail for not more than six (6) months, or fined not 306
more than Five Hundred Dollars ($500.00), or both. 307
(3) Any person eighteen (18) years of age or over who 308
violates subsection (d)(2) of this section by delivering or 309
selling paraphernalia to a person under eighteen (18) years of age 310
who is at least three (3) years his junior is guilty of a 311
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misdemeanor and, upon conviction, may be confined in the county 312
jail for not more than one (1) year, or fined not more than One 313
Thousand Dollars ($1,000.00), or both. 314
(4) It is unlawful for any person to place in any 315
newspaper, magazine, handbill, or other publication any 316
advertisement, knowing, or under circumstances where one 317
reasonably should know, that the purpose of the advertisement, in 318
whole or in part, is to promote the sale of objects designed or 319
intended for use as paraphernalia. Any person who violates this 320
subsection is guilty of a misdemeanor and, upon conviction, may be 321
confined in the county jail for not more than six (6) months, or 322
fined not more than Five Hundred Dollars ($500.00), or both. 323
(e) It shall be unlawful for any physician practicing 324
medicine in this state to prescribe, dispense or administer any 325
amphetamine or amphetamine-like anorectics and/or central nervous 326
system stimulants classified in Schedule II, pursuant to Section 327
41-29-115, for the exclusive treatment of obesity, weight control 328
or weight loss. Any person who violates this subsection, upon 329
conviction, is guilty of a misdemeanor and may be confined for a 330
period not to exceed six (6) months, or fined not more than One 331
Thousand Dollars ($1,000.00), or both. 332
(f) Trafficking. (1) Any person trafficking in controlled 333
substances shall be guilty of a felony and, upon conviction, shall 334
be imprisoned for a term of not less than ten (10) years nor more 335
than forty (40) years and shall be fined not less than Five 336
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Thousand Dollars ($5,000.00) nor more than One Million Dollars 337
($1,000,000.00). The ten-year mandatory sentence shall not be 338
reduced or suspended. The person shall not be eligible for 339
probation or parole, the provisions of Sections 41-29-149, 340
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 341
(2) "Trafficking in controlled substances" as used 342
herein means: 343
(A) A violation of subsection (a) of this section 344
involving thirty (30) or more grams or forty (40) or more dosage 345
units of a Schedule I or II controlled substance except marijuana 346
and synthetic cannabinoids; 347
(B) A violation of subsection (a) of this section 348
involving five hundred (500) or more grams or two thousand five 349
hundred (2,500) or more dosage units of a Schedule III, IV or V 350
controlled substance; 351
(C) A violation of subsection (c) of this section 352
involving thirty (30) or more grams or forty (40) or more dosage 353
units of a Schedule I or II controlled substance except marijuana 354
and synthetic cannabinoids; 355
(D) A violation of subsection (c) of this section 356
involving five hundred (500) or more grams or two thousand five 357
hundred (2,500) or more dosage units of a Schedule III, IV or V 358
controlled substance; or 359
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(E) A violation of subsection (a) of this section 360
involving one (1) kilogram or more of marijuana or two hundred 361
(200) grams or more of synthetic cannabinoids. 362
(g) Aggravated trafficking. Any person trafficking in 363
Schedule I or II controlled substances, except marijuana and 364
synthetic cannabinoids, of two hundred (200) grams or more shall 365
be guilty of aggravated trafficking and, upon conviction, shall be 366
sentenced to a term of not less than twenty-five (25) years nor 367
more than life in prison and shall be fined not less than Five 368
Thousand Dollars ($5,000.00) nor more than One Million Dollars 369
($1,000,000.00). The twenty-five-year sentence shall be a 370
mandatory sentence and shall not be reduced or suspended. The 371
person shall not be eligible for probation or parole, the 372
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 373
the contrary notwithstanding. 374
(h) Sentence mitigation. (1) Notwithstanding any provision 375
of this section, a person who has been convicted of an offense 376
under this section that requires the judge to impose a prison 377
sentence which cannot be suspended or reduced and is ineligible 378
for probation or parole may, at the discretion of the court, 379
receive a sentence of imprisonment that is no less than 380
twenty-five percent (25%) of the sentence prescribed by the 381
applicable statute. In considering whether to apply the departure 382
from the sentence prescribed, the court shall conclude that: 383
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ST: Marijuana possession; provide civil penalty
for.
(A) The offender was not a leader of the criminal 384
enterprise; 385
(B) The offender did not use violence or a weapon 386
during the crime; 387
(C) The offense did not result in a death or 388
serious bodily injury of a person not a party to the criminal 389
enterprise; and 390
(D) The interests of justice are not served by the 391
imposition of the prescribed mandatory sentence. 392
The court may also consider whether information and 393
assistance were furnished to a law enforcement agency, or its 394
designee, which, in the opinion of the trial judge, objectively 395
should or would have aided in the arrest or prosecution of others 396
who violate this subsection. The accused shall have adequate 397
opportunity to develop and make a record of all information and 398
assistance so furnished. 399
(2) If the court reduces the prescribed sentence 400
pursuant to this subsection, it must specify on the record the 401
circumstances warranting the departure. 402
(i) This section does not apply to any of the actions that 403
are lawful under the Mississippi Medical Cannabis Act and in 404
compliance with rules and regulations adopted thereunder. 405
SECTION 2. This act shall take effect and be in force from 406
and after July 1, 2026. 407