Marijuana; civil penalty for simple possession of 30 grams or less.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 199

AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 1
TO REDUCE THE PUNISHMENT FOR SIMPLE POSSESSION OF A SMALL AMOUNT 2
OF MARIJUANA TO A CIVIL PENALTY; TO AMEND SECTION 21-23-7, 3
MISSISSIPPI CODE OF 1972, TO GRANT TO MUNICIPAL COURTS 4
JURISDICTION OVER CIVIL OFFENSES; 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. (I) If thirty (30) grams or less of 161
marijuana * * * by a civil penalty not to exceed One Hundred 162
Dollars ($100.00), to be deposited to the general fund of the 163
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municipality or county of the court in which the civil fine is 164
imposed. 165
(II) If ten (10) grams or less of 166
synthetic cannabinoids, by a fine of not less than One Hundred 167
Dollars ($100.00) nor more than Two Hundred Fifty Dollars 168
($250.00). The provisions of this paragraph (2)(A) may be 169
enforceable by summons if the offender provides proof of identity 170
satisfactory to the arresting officer and gives written promise to 171
appear in court satisfactory to the arresting officer, as directed 172
by the summons. A second conviction under this section within two 173
(2) years is a misdemeanor punishable by a fine of Two Hundred 174
Fifty Dollars ($250.00), not more than sixty (60) days in the 175
county jail, and mandatory participation in a drug education 176
program approved by the Division of Alcohol and Drug Abuse of the 177
State Department of Mental Health, unless the court enters a 178
written finding that a drug education program is inappropriate. A 179
third or subsequent conviction under this paragraph (2)(A) within 180
two (2) years is a misdemeanor punishable by a fine of not less 181
than Two Hundred Fifty Dollars ($250.00) nor more than One 182
Thousand Dollars ($1,000.00) and confinement for not more than six 183
(6) months in the county jail. 184
Upon a first or second conviction under this paragraph 185
(2)(A), the courts shall forward a report of the conviction to the 186
Mississippi Bureau of Narcotics which shall make and maintain a 187
private, nonpublic record for a period not to exceed two (2) years 188
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from the date of conviction. The private, nonpublic record shall 189
be solely for the use of the courts in determining the penalties 190
which attach upon conviction under this paragraph (2)(A) and shall 191
not constitute a criminal record for the purpose of private or 192
administrative inquiry and the record of each conviction shall be 193
expunged at the end of the period of two (2) years following the 194
date of such conviction; 195
2. Additionally, a person who is the operator 196
of a motor vehicle, who possesses on his person or knowingly keeps 197
or allows to be kept in a motor vehicle within the area of the 198
vehicle normally occupied by the driver or passengers, more than 199
one (1) gram, but not more than thirty (30) grams of marijuana or 200
not more than ten (10) grams of synthetic cannabinoids is guilty 201
of a misdemeanor and, upon conviction, may be fined not more than 202
One Thousand Dollars ($1,000.00) or confined for not more than 203
ninety (90) days in the county jail, or both. For the purposes of 204
this subsection, such area of the vehicle shall not include the 205
trunk of the motor vehicle or the areas not normally occupied by 206
the driver or passengers if the vehicle is not equipped with a 207
trunk. A utility or glove compartment shall be deemed to be 208
within the area occupied by the driver and passengers. 209
(B) Marijuana: 210
1. If more than thirty (30) grams but less 211
than two hundred fifty (250) grams, by a fine of not more than One 212
Thousand Dollars ($1,000.00), or confinement in the county jail 213
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for not more than one (1) year, or both; or by a fine of not more 214
than Three Thousand Dollars ($3,000.00), or imprisonment in the 215
custody of the Department of Corrections for not more than three 216
(3) years, or both; 217
2. If two hundred fifty (250) or more grams 218
but less than five hundred (500) grams, by imprisonment for not 219
less than two (2) years nor more than eight (8) years or by a fine 220
of not more than Fifty Thousand Dollars ($50,000.00), or both; 221
3. If five hundred (500) or more grams but 222
less than one (1) kilogram, by imprisonment for not less than four 223
(4) years nor more than sixteen (16) years or a fine of not more 224
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 225
4. If one (1) kilogram or more but less than 226
five (5) kilograms, by imprisonment for not less than six (6) 227
years nor more than twenty-four (24) years or a fine of not more 228
than Five Hundred Thousand Dollars ($500,000.00), or both; 229
5. If five (5) kilograms or more, by 230
imprisonment for not less than ten (10) years nor more than thirty 231
(30) years or a fine of not more than One Million Dollars 232
($1,000,000.00), or both. 233
(C) Synthetic cannabinoids: 234
1. If more than ten (10) grams but less than 235
twenty (20) grams, by a fine of not more than One Thousand Dollars 236
($1,000.00), or confinement in the county jail for not more than 237
one (1) year, or both; or by a fine of not more than Three 238
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Thousand Dollars ($3,000.00), or imprisonment in the custody of 239
the Department of Corrections for not more than three (3) years, 240
or both; 241
2. If twenty (20) or more grams but less than 242
forty (40) grams, by imprisonment for not less than two (2) years 243
nor more than eight (8) years or by a fine of not more than Fifty 244
Thousand Dollars ($50,000.00), or both; 245
3. If forty (40) or more grams but less than 246
two hundred (200) grams, by imprisonment for not less than four 247
(4) years nor more than sixteen (16) years or a fine of not more 248
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 249
4. If two hundred (200) or more grams, by 250
imprisonment for not less than six (6) years nor more than 251
twenty-four (24) years or a fine of not more than Five Hundred 252
Thousand Dollars ($500,000.00), or both. 253
(3) A controlled substance classified in Schedule III, 254
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 255
conviction, may be punished as follows: 256
(A) If less than fifty (50) grams or less than one 257
hundred (100) dosage units, the offense is a misdemeanor and 258
punishable by not more than one (1) year or a fine of not more 259
than One Thousand Dollars ($1,000.00), or both. 260
(B) If fifty (50) or more grams or one hundred 261
(100) or more dosage units, but less than one hundred fifty (150) 262
grams or five hundred (500) dosage units, by imprisonment for not 263
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less than one (1) year nor more than four (4) years or a fine of 264
not more than Ten Thousand Dollars ($10,000.00), or both. 265
(C) If one hundred fifty (150) or more grams or 266
five hundred (500) or more dosage units, but less than three 267
hundred (300) grams or one thousand (1,000) dosage units, by 268
imprisonment for not less than two (2) years nor more than eight 269
(8) years or a fine of not more than Fifty Thousand Dollars 270
($50,000.00), or both. 271
(D) If three hundred (300) or more grams or one 272
thousand (1,000) or more dosage units, but less than five hundred 273
(500) grams or two thousand five hundred (2,500) dosage units, by 274
imprisonment for not less than four (4) years nor more than 275
sixteen (16) years or a fine of not more than Two Hundred Fifty 276
Thousand Dollars ($250,000.00), or both. 277
(d) Paraphernalia. (1) Except as otherwise provided under 278
subsection (i) of this section for actions that are lawful under 279
the Mississippi Medical Cannabis Act and in compliance with rules 280
and regulations adopted thereunder, it is unlawful for a person 281
who is not authorized by the State Board of Medical Licensure, 282
State Board of Pharmacy, or other lawful authority to use, or to 283
possess with intent to use, paraphernalia to plant, propagate, 284
cultivate, grow, harvest, manufacture, compound, convert, produce, 285
process, prepare, test, analyze, pack, repack, store, contain, 286
conceal, inject, ingest, inhale or otherwise introduce into the 287
human body a controlled substance in violation of the Uniform 288
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Controlled Substances Law. Any person who violates this 289
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 290
may be confined in the county jail for not more than six (6) 291
months, or fined not more than Five Hundred Dollars ($500.00), or 292
both; however, no person shall be charged with a violation of this 293
subsection when such person is also charged with the possession of 294
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 295
of this section. 296
(2) It is unlawful for any person to deliver, sell, 297
possess with intent to deliver or sell, or manufacture with intent 298
to deliver or sell, paraphernalia, knowing, or under circumstances 299
where one reasonably should know, that it will be used to plant, 300
propagate, cultivate, grow, harvest, manufacture, compound, 301
convert, produce, process, prepare, test, analyze, pack, repack, 302
store, contain, conceal, inject, ingest, inhale, or otherwise 303
introduce into the human body a controlled substance in violation 304
of the Uniform Controlled Substances Law. Except as provided in 305
subsection (d)(3), a person who violates this subsection (d)(2) is 306
guilty of a misdemeanor and, upon conviction, may be confined in 307
the county jail for not more than six (6) months, or fined not 308
more than Five Hundred Dollars ($500.00), or both. 309
(3) Any person eighteen (18) years of age or over who 310
violates subsection (d)(2) of this section by delivering or 311
selling paraphernalia to a person under eighteen (18) years of age 312
who is at least three (3) years his junior is guilty of a 313
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misdemeanor and, upon conviction, may be confined in the county 314
jail for not more than one (1) year, or fined not more than One 315
Thousand Dollars ($1,000.00), or both. 316
(4) It is unlawful for any person to place in any 317
newspaper, magazine, handbill, or other publication any 318
advertisement, knowing, or under circumstances where one 319
reasonably should know, that the purpose of the advertisement, in 320
whole or in part, is to promote the sale of objects designed or 321
intended for use as paraphernalia. Any person who violates this 322
subsection is guilty of a misdemeanor and, upon conviction, may be 323
confined in the county jail for not more than six (6) months, or 324
fined not more than Five Hundred Dollars ($500.00), or both. 325
(e) It shall be unlawful for any physician practicing 326
medicine in this state to prescribe, dispense or administer any 327
amphetamine or amphetamine-like anorectics and/or central nervous 328
system stimulants classified in Schedule II, pursuant to Section 329
41-29-115, for the exclusive treatment of obesity, weight control 330
or weight loss. Any person who violates this subsection, upon 331
conviction, is guilty of a misdemeanor and may be confined for a 332
period not to exceed six (6) months, or fined not more than One 333
Thousand Dollars ($1,000.00), or both. 334
(f) Trafficking. (1) Any person trafficking in controlled 335
substances shall be guilty of a felony and, upon conviction, shall 336
be imprisoned for a term of not less than ten (10) years nor more 337
than forty (40) years and shall be fined not less than Five 338
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Thousand Dollars ($5,000.00) nor more than One Million Dollars 339
($1,000,000.00). The ten-year mandatory sentence shall not be 340
reduced or suspended. The person shall not be eligible for 341
probation or parole, the provisions of Sections 41-29-149, 342
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 343
(2) "Trafficking in controlled substances" as used 344
herein means: 345
(A) A violation of subsection (a) of this section 346
involving thirty (30) or more grams or forty (40) or more dosage 347
units of a Schedule I or II controlled substance except marijuana 348
and synthetic cannabinoids; 349
(B) A violation of subsection (a) of this section 350
involving five hundred (500) or more grams or two thousand five 351
hundred (2,500) or more dosage units of a Schedule III, IV or V 352
controlled substance; 353
(C) A violation of subsection (c) of this section 354
involving thirty (30) or more grams or forty (40) or more dosage 355
units of a Schedule I or II controlled substance except marijuana 356
and synthetic cannabinoids; 357
(D) A violation of subsection (c) of this section 358
involving five hundred (500) or more grams or two thousand five 359
hundred (2,500) or more dosage units of a Schedule III, IV or V 360
controlled substance; or 361
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(E) A violation of subsection (a) of this section 362
involving one (1) kilogram or more of marijuana or two hundred 363
(200) grams or more of synthetic cannabinoids. 364
(g) Aggravated trafficking. Any person trafficking in 365
Schedule I or II controlled substances, except marijuana and 366
synthetic cannabinoids, of two hundred (200) grams or more shall 367
be guilty of aggravated trafficking and, upon conviction, shall be 368
sentenced to a term of not less than twenty-five (25) years nor 369
more than life in prison and shall be fined not less than Five 370
Thousand Dollars ($5,000.00) nor more than One Million Dollars 371
($1,000,000.00). The twenty-five-year sentence shall be a 372
mandatory sentence and shall not be reduced or suspended. The 373
person shall not be eligible for probation or parole, the 374
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 375
the contrary notwithstanding. 376
(h) Sentence mitigation. (1) Notwithstanding any provision 377
of this section, a person who has been convicted of an offense 378
under this section that requires the judge to impose a prison 379
sentence which cannot be suspended or reduced and is ineligible 380
for probation or parole may, at the discretion of the court, 381
receive a sentence of imprisonment that is no less than 382
twenty-five percent (25%) of the sentence prescribed by the 383
applicable statute. In considering whether to apply the departure 384
from the sentence prescribed, the court shall conclude that: 385
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(A) The offender was not a leader of the criminal 386
enterprise; 387
(B) The offender did not use violence or a weapon 388
during the crime; 389
(C) The offense did not result in a death or 390
serious bodily injury of a person not a party to the criminal 391
enterprise; and 392
(D) The interests of justice are not served by the 393
imposition of the prescribed mandatory sentence. 394
The court may also consider whether information and 395
assistance were furnished to a law enforcement agency, or its 396
designee, which, in the opinion of the trial judge, objectively 397
should or would have aided in the arrest or prosecution of others 398
who violate this subsection. The accused shall have adequate 399
opportunity to develop and make a record of all information and 400
assistance so furnished. 401
(2) If the court reduces the prescribed sentence 402
pursuant to this subsection, it must specify on the record the 403
circumstances warranting the departure. 404
(i) This section does not apply to any of the actions that 405
are lawful under the Mississippi Medical Cannabis Act and in 406
compliance with rules and regulations adopted thereunder. 407
SECTION 2. Section 21-23-7, Mississippi Code of 1972, is 408
amended as follows: 409
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21-23-7. (1) The municipal judge shall hold court in a 410
public building designated by the governing authorities of the 411
municipality, or may hold court in an adult detention center as 412
provided under this subsection, and may hold court every day 413
except Sundays and legal holidays if the business of the 414
municipality so requires; provided, however, the municipal judge 415
may hold court outside the boundaries of the municipality but not 416
more than within a sixty-mile radius of the municipality to handle 417
preliminary matters and criminal matters such as initial 418
appearances and felony preliminary hearings. The municipal judge 419
may hold court outside the boundaries of the municipality but not 420
more than within a one-mile radius of the municipality for any 421
purpose; however, a municipal judge may hold court outside the 422
boundaries of the municipality more than within a one-mile radius 423
of the municipality when accepting a plea of a defendant at an 424
adult detention center within the county. The municipal judge 425
shall have the jurisdiction to hear and determine, without a jury 426
and without a record of the testimony, all cases charging 427
violations of the municipal ordinances * * *, state misdemeanor 428
laws made offenses against the municipality and civil offenses and 429
to punish offenders therefor as may be prescribed by law. Except 430
as otherwise provided by law, criminal proceedings shall be 431
brought by sworn complaint filed in the municipal court. Such 432
complaint shall state the essential elements of the offense 433
charged and the statute or ordinance relied upon. Such complaint 434
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shall not be required to conclude with a general averment that the 435
offense is against the peace and dignity of the state or in 436
violation of the ordinances of the municipality. He may sit as a 437
committing court in all felonies committed within the 438
municipality, and he shall have the power to bind over the accused 439
to the grand jury or to appear before the proper court having 440
jurisdiction to try the same, and to set the amount of bail or 441
refuse bail and commit the accused to jail in cases not bailable. 442
The municipal judge is a conservator of the peace within his 443
municipality. He may conduct preliminary hearings in all 444
violations of the criminal laws of this state occurring within the 445
municipality, and any person arrested for a violation of law 446
within the municipality may be brought before him for initial 447
appearance. The municipal court shall have jurisdiction of any 448
case remanded to it by a circuit court grand jury. The municipal 449
court shall have civil jurisdiction over actions filed pursuant to 450
and as provided in Chapter 21, Title 93, * * * Mississippi Code of 451
1972, the Protection from Domestic Abuse Act. 452
(2) In the discretion of the court, where the objects of 453
justice would be more likely met, as an alternative to imposition 454
or payment of fine and/or incarceration, the municipal judge shall 455
have the power to sentence convicted offenders to work on a public 456
service project where the court has established such a program of 457
public service by written guidelines filed with the clerk for 458
public record. Such programs shall provide for reasonable 459
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supervision of the offender and the work shall be commensurate 460
with the fine and/or incarceration that would have ordinarily been 461
imposed. Such program of public service may be utilized in the 462
implementation of the provisions of Section 99-19-20, and public 463
service work thereunder may be supervised by persons other than 464
the sheriff. 465
(3) The municipal judge may solemnize marriages, take oaths, 466
affidavits and acknowledgments, and issue orders, subpoenas, 467
summonses, citations, warrants for search and arrest upon a 468
finding of probable cause, and other such process under seal of 469
the court to any county or municipality, in a criminal case, to be 470
executed by the lawful authority of the county or the municipality 471
of the respondent, and enforce obedience thereto. The absence of 472
a seal shall not invalidate the process. 473
(4) When a person shall be charged with an offense in 474
municipal court punishable by confinement, the municipal judge, 475
being satisfied that such person is an indigent person and is 476
unable to employ counsel, may, in the discretion of the court, 477
appoint counsel from the membership of The Mississippi Bar 478
residing in his county who shall represent him. Compensation for 479
appointed counsel in criminal cases shall be approved and allowed 480
by the municipal judge and shall be paid by the municipality. The 481
maximum compensation shall not exceed Two Hundred Dollars 482
($200.00) for any one (1) case. The governing authorities of a 483
municipality may, in their discretion, appoint a public 484
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defender(s) who must be a licensed attorney and who shall receive 485
a salary to be fixed by the governing authorities. 486
(5) The municipal judge of any municipality is hereby 487
authorized to suspend the sentence and to suspend the execution of 488
the sentence, or any part thereof, on such terms as may be imposed 489
by the municipal judge. However, the suspension of imposition or 490
execution of a sentence hereunder may not be revoked after a 491
period of two (2) years. The municipal judge shall have the power 492
to establish and operate a probation program, dispute resolution 493
program and other practices or procedures appropriate to the 494
judiciary and designed to aid in the administration of justice. 495
Any such program shall be established by the court with written 496
policies and procedures filed with the clerk of the court for 497
public record. Subsequent to original sentencing, the municipal 498
judge, in misdemeanor cases, is hereby authorized to suspend 499
sentence and to suspend the execution of a sentence, or any part 500
thereof, on such terms as may be imposed by the municipal judge, 501
if (a) the judge or his or her predecessor was authorized to order 502
such suspension when the sentence was originally imposed; and (b) 503
such conviction (i) has not been appealed; or (ii) has been 504
appealed and the appeal has been voluntarily dismissed. 505
(6) Upon prior notice to the municipal prosecuting attorney 506
and upon a showing in open court of rehabilitation, good conduct 507
for a period of two (2) years since the last conviction in any 508
court and that the best interest of society would be served, the 509
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court may, in its discretion, order the record of conviction of a 510
person of any or all misdemeanors in that court expunged, and upon 511
so doing the said person thereafter legally stands as though he 512
had never been convicted of the said misdemeanor(s) and may 513
lawfully so respond to any query of prior convictions. This order 514
of expunction does not apply to the confidential records of law 515
enforcement agencies and has no effect on the driving record of a 516
person maintained under Title 63, Mississippi Code of 1972, or any 517
other provision of said Title 63. 518
(7) Notwithstanding the provisions of subsection (6) of this 519
section, a person who was convicted in municipal court of a 520
misdemeanor before reaching his twenty-third birthday, excluding 521
conviction for a traffic violation, and who is a first offender, 522
may utilize the provisions of Section 99-19-71, to expunge such 523
misdemeanor conviction. 524
(8) In the discretion of the court, a plea of nolo 525
contendere may be entered to any charge in municipal court. Upon 526
the entry of a plea of nolo contendere the court shall convict the 527
defendant of the offense charged and shall proceed to sentence the 528
defendant according to law. The judgment of the court shall 529
reflect that the conviction was on a plea of nolo contendere. An 530
appeal may be made from a conviction on a plea of nolo contendere 531
as in other cases. 532
(9) Upon execution of a sworn complaint charging a 533
misdemeanor, the municipal court may, in its discretion and in 534
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lieu of an arrest warrant, issue a citation requiring the 535
appearance of the defendant to answer the charge made against him. 536
On default of appearance, an arrest warrant may be issued for the 537
defendant. The clerk of the court or deputy clerk may issue such 538
citations. 539
(10) The municipal court shall have the power to make rules 540
for the administration of the court's business, which rules, if 541
any, shall be in writing filed with the clerk of the court and 542
shall include the enactment of rules related to the court's 543
authority to issue domestic abuse protection orders pursuant to 544
Section 93-21-1 et seq. 545
(11) The municipal court shall have the power to impose 546
punishment of a fine of not more than One Thousand Dollars 547
($1,000.00) or six (6) months imprisonment, or both, for contempt 548
of court. The municipal court may have the power to impose 549
reasonable costs of court, not in excess of the following: 550
Dismissal of any affidavit, complaint or charge 551
in municipal court........................................ $ 50.00 552
Suspension of a minor's driver's license in lieu of 553
conviction................................................ $ 50.00 554
Service of scire facias or return "not found"........ $ 20.00 555
Causing search warrant to issue or causing 556
prosecution without reasonable cause or refusing to 557
cooperate after initiating action......................... $ 100.00 558
Certified copy of the court record................... $ 5.00 559
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Service of arrest warrant for failure to answer 560
citation or traffic summons............................... $ 25.00 561
Jail cost per day - actual jail cost paid by the municipality 562
but not to exceed........................................ $ 35.00 563
Service of court documents related to the filing 564
of a petition or issuance of a protection from domestic 565
abuse order under Chapter 21, Title 93, * * * Mississippi Code of 566
1972 ..................................................... $ 25.00 567
Any other item of court cost......................... $ 50.00 568
No filing fee or such cost shall be imposed for the bringing 569
of an action in municipal court. 570
(12) A municipal court judge shall not dismiss a criminal 571
case but may transfer the case to the justice court of the county 572
if the municipal court judge is prohibited from presiding over the 573
case by the Canons of Judicial Conduct and provided that venue and 574
jurisdiction are proper in the justice court. Upon transfer of 575
any such case, the municipal court judge shall give the municipal 576
court clerk a written order to transmit the affidavit or complaint 577
and all other records and evidence in the court's possession to 578
the justice court by certified mail or to instruct the arresting 579
officer to deliver such documents and records to the justice 580
court. There shall be no court costs charged for the transfer of 581
the case to the justice court. 582
(13) A municipal court judge shall expunge the record of any 583
case in which an arrest was made, the person arrested was released 584
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ST: Marijuana; civil penalty for simple
possession of 30 grams or less.
and the case was dismissed or the charges were dropped, there was 585
no disposition of such case or the person was found not guilty at 586
trial. 587
(14) For violations of municipal ordinances related to real 588
property, the municipal judge shall have the power to order a 589
defendant to remedy violations within a reasonable time period as 590
set by the judge, and at the discretion of the judge, the judge 591
may simultaneously authorize the municipality, at its request, the 592
option to remedy the violation itself, through the use of its own 593
employees or its contractors, without further notice should the 594
defendant fail to fully do so within the time period set by the 595
judge. Subsequent to the municipality remedying the violation, 596
the municipality may petition the court to assess documented 597
cleanup costs to the defendant, and, if, following a hearing on 598
such petition, the judge determines (a) the violations were not 599
remedied by the defendant within the time required by the court, 600
(b) that the municipality remedied the violation itself after such 601
time period expired and (c) that the costs incurred by the 602
municipality were reasonable, the court may assess the costs to 603
the defendant as a judgement, which may be enrolled in the office 604
of the circuit clerk. 605
SECTION 3. This act shall take effect and be in force from 606
and after July 1, 2026. 607