Possession of marijuana or synthetic cannabinoids; amend penalties for certain convictions.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2085

AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 1
TO REDUCE THE PUNISHMENT FOR SIMPLE POSSESSION OF 30 GRAMS OR LESS 2
OF MARIJUANA TO A CIVIL PENALTY; TO DIRECT THE FUNDS RECEIVED FROM 3
THE IMPOSITION OF THE CIVIL PENALTY TO BE DEPOSITED TO THE GENERAL 4
FUND OF THE MUNICIPALITY OR COUNTY IN WHICH THE SUMMONS FOR THE 5
CIVIL PENALTY WAS ISSUED; TO DELETE THE SENTENCING AUTHORITY OF 6
THE COURT TO IMPRISON A DEFENDANT IN THE COUNTY JAIL FOR A SECOND 7
CONVICTION OF A CERTAIN AMOUNT OF MARIJUANA OR SYNTHETIC 8
CANNABINOIDS; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 41-29-139, Mississippi Code of 1972, is 11
amended as follows: 12
41-29-139. (a) Transfer and possession with intent to 13
transfer. Except as authorized by this article, it is unlawful 14
for any person knowingly or intentionally: 15
(1) To sell, barter, transfer, manufacture, distribute, 16
dispense or possess with intent to sell, barter, transfer, 17
manufacture, distribute or dispense, a controlled substance; or 18
(2) To create, sell, barter, transfer, distribute, 19
dispense or possess with intent to create, sell, barter, transfer, 20
distribute or dispense, a counterfeit substance. 21
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(b) Punishment for transfer and possession with intent to 22
transfer. Except as otherwise provided in Section 41-29-142, any 23
person who violates subsection (a) of this section shall be, if 24
convicted, sentenced as follows: 25
(1) For controlled substances classified in Schedule I 26
or II, as set out in Sections 41-29-113 and 41-29-115, other than 27
marijuana or synthetic cannabinoids: 28
(A) If less than two (2) grams or ten (10) dosage 29
units, by imprisonment for not more than eight (8) years or a fine 30
of not more than Fifty Thousand Dollars ($50,000.00), or both. 31
(B) If two (2) or more grams or ten (10) or more 32
dosage units, but less than ten (10) grams or twenty (20) dosage 33
units, by imprisonment for not less than three (3) years nor more 34
than twenty (20) years or a fine of not more than Two Hundred 35
Fifty Thousand Dollars ($250,000.00), or both. 36
(C) If ten (10) or more grams or twenty (20) or 37
more dosage units, but less than thirty (30) grams or forty (40) 38
dosage units, by imprisonment for not less than five (5) years nor 39
more than thirty (30) years or a fine of not more than Five 40
Hundred Thousand Dollars ($500,000.00), or both. 41
(2) (A) For marijuana: 42
1. If thirty (30) grams or less, by 43
imprisonment for not more than three (3) years or a fine of not 44
more than Three Thousand Dollars ($3,000.00), or both; 45
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2. If more than thirty (30) grams but less 46
than two hundred fifty (250) grams, by imprisonment for not more 47
than five (5) years or a fine of not more than Five Thousand 48
Dollars ($5,000.00), or both; 49
3. If two hundred fifty (250) or more grams 50
but less than five hundred (500) grams, by imprisonment for not 51
less than three (3) years nor more than ten (10) years or a fine 52
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 53
4. If five hundred (500) or more grams but 54
less than one (1) kilogram, by imprisonment for not less than five 55
(5) years nor more than twenty (20) years or a fine of not more 56
than Twenty Thousand Dollars ($20,000.00), or both. 57
(B) For synthetic cannabinoids: 58
1. If ten (10) grams or less, by imprisonment 59
for not more than three (3) years or a fine of not more than Three 60
Thousand Dollars ($3,000.00), or both; 61
2. If more than ten (10) grams but less than 62
twenty (20) grams, by imprisonment for not more than five (5) 63
years or a fine of not more than Five Thousand Dollars 64
($5,000.00), or both; 65
3. If twenty (20) or more grams but less than 66
forty (40) grams, by imprisonment for not less than three (3) 67
years nor more than ten (10) years or a fine of not more than 68
Fifteen Thousand Dollars ($15,000.00), or both; 69
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4. If forty (40) or more grams but less than 70
two hundred (200) grams, by imprisonment for not less than five 71
(5) years nor more than twenty (20) years or a fine of not more 72
than Twenty Thousand Dollars ($20,000.00), or both. 73
(3) For controlled substances classified in Schedules 74
III and IV, as set out in Sections 41-29-117 and 41-29-119: 75
(A) If less than two (2) grams or ten (10) dosage 76
units, by imprisonment for not more than five (5) years or a fine 77
of not more than Five Thousand Dollars ($5,000.00), or both; 78
(B) If two (2) or more grams or ten (10) or more 79
dosage units, but less than ten (10) grams or twenty (20) dosage 80
units, by imprisonment for not more than eight (8) years or a fine 81
of not more than Fifty Thousand Dollars ($50,000.00), or both; 82
(C) If ten (10) or more grams or twenty (20) or 83
more dosage units, but less than thirty (30) grams or forty (40) 84
dosage units, by imprisonment for not more than fifteen (15) years 85
or a fine of not more than One Hundred Thousand Dollars 86
($100,000.00), or both; 87
(D) If thirty (30) or more grams or forty (40) or 88
more dosage units, but less than five hundred (500) grams or two 89
thousand five hundred (2,500) dosage units, by imprisonment for 90
not more than twenty (20) years or a fine of not more than Two 91
Hundred Fifty Thousand Dollars ($250,000.00), or both. 92
(4) For controlled substances classified in Schedule V, 93
as set out in Section 41-29-121: 94
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(A) If less than two (2) grams or ten (10) dosage 95
units, by imprisonment for not more than one (1) year or a fine of 96
not more than Five Thousand Dollars ($5,000.00), or both; 97
(B) If two (2) or more grams or ten (10) or more 98
dosage units, but less than ten (10) grams or twenty (20) dosage 99
units, by imprisonment for not more than five (5) years or a fine 100
of not more than Ten Thousand Dollars ($10,000.00), or both; 101
(C) If ten (10) or more grams or twenty (20) or 102
more dosage units, but less than thirty (30) grams or forty (40) 103
dosage units, by imprisonment for not more than ten (10) years or 104
a fine of not more than Twenty Thousand Dollars ($20,000.00), or 105
both; 106
(D) For thirty (30) or more grams or forty (40) or 107
more dosage units, but less than five hundred (500) grams or two 108
thousand five hundred (2,500) dosage units, by imprisonment for 109
not more than fifteen (15) years or a fine of not more than Fifty 110
Thousand Dollars ($50,000.00), or both. 111
(c) Simple possession. Except as otherwise provided under 112
subsection (i) of this section for actions that are lawful under 113
the Mississippi Medical Cannabis Act and in compliance with rules 114
and regulations adopted thereunder, it is unlawful for any person 115
knowingly or intentionally to possess any controlled substance 116
unless the substance was obtained directly from, or pursuant to, a 117
valid prescription or order of a practitioner while acting in the 118
course of his professional practice, or except as otherwise 119
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authorized by this article. The penalties for any violation of 120
this subsection (c) with respect to a controlled substance 121
classified in Schedules I, II, III, IV or V, as set out in Section 122
41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including 123
marijuana or synthetic cannabinoids, shall be based on dosage unit 124
as defined herein or the weight of the controlled substance as set 125
forth herein as appropriate: 126
"Dosage unit (d.u.)" means a tablet or capsule, or in the 127
case of a liquid solution, one (1) milliliter. In the case of 128
lysergic acid diethylamide (LSD) the term, "dosage unit" means a 129
stamp, square, dot, microdot, tablet or capsule of a controlled 130
substance. 131
For any controlled substance that does not fall within the 132
definition of the term "dosage unit," the penalties shall be based 133
upon the weight of the controlled substance. 134
The weight set forth refers to the entire weight of any 135
mixture or substance containing a detectable amount of the 136
controlled substance. 137
If a mixture or substance contains more than one (1) 138
controlled substance, the weight of the mixture or substance is 139
assigned to the controlled substance that results in the greater 140
punishment. 141
A person shall be charged and sentenced as follows for a 142
violation of this subsection with respect to: 143
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(1) A controlled substance classified in Schedule I or 144
II, except marijuana and synthetic cannabinoids: 145
(A) If less than one-tenth (0.1) gram or two (2) 146
dosage units, the violation is a misdemeanor and punishable by 147
imprisonment for not more than one (1) year or a fine of not more 148
than One Thousand Dollars ($1,000.00), or both. 149
(B) If one-tenth (0.1) gram or more or two (2) or 150
more dosage units, but less than two (2) grams or ten (10) dosage 151
units, by imprisonment for not more than three (3) years or a fine 152
of not more than Fifty Thousand Dollars ($50,000.00), or both. 153
(C) If two (2) or more grams or ten (10) or more 154
dosage units, but less than ten (10) grams or twenty (20) dosage 155
units, by imprisonment for not more than eight (8) years or a fine 156
of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 157
or both. 158
(D) If ten (10) or more grams or twenty (20) or 159
more dosage units, but less than thirty (30) grams or forty (40) 160
dosage units, by imprisonment for not less than three (3) years 161
nor more than twenty (20) years or a fine of not more than Five 162
Hundred Thousand Dollars ($500,000.00), or both. 163
(2) (A) Marijuana and synthetic cannabinoids: 164
1. (I) If thirty (30) grams or less of 165
marijuana * * * by a civil penalty not to exceed One Hundred 166
Dollars ($100.00), to be deposited to the general fund of the 167
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municipality or county in which the summons for the civil penalty 168
was issued. 169
(II) If ten (10) grams or less of 170
synthetic cannabinoids, by a fine of not less than One Hundred 171
Dollars ($100.00) nor more than Two Hundred Fifty Dollars 172
($250.00). The provisions of this paragraph (2)(A) may be 173
enforceable by summons if the offender provides proof of identity 174
satisfactory to the arresting officer and gives written promise to 175
appear in court satisfactory to the arresting officer, as directed 176
by the summons. A second conviction under this section within two 177
(2) years is a misdemeanor punishable by a fine of Two Hundred 178
Fifty Dollars ($250.00) * * * and mandatory participation in a 179
drug education program approved by the Division of Alcohol and 180
Drug Abuse of the State Department of Mental Health, unless the 181
court enters a written finding that a drug education program is 182
inappropriate. A third or subsequent conviction under this 183
paragraph (2)(A) within two (2) years is a misdemeanor punishable 184
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 185
more than One Thousand Dollars ($1,000.00) and confinement for not 186
more than six (6) months in the county jail. 187
Upon a first or second conviction under this paragraph 188
(2)(A), the courts shall forward a report of the conviction to the 189
Mississippi Bureau of Narcotics which shall make and maintain a 190
private, nonpublic record for a period not to exceed two (2) years 191
from the date of conviction. The private, nonpublic record shall 192
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be solely for the use of the courts in determining the penalties 193
which attach upon conviction under this paragraph (2)(A) and shall 194
not constitute a criminal record for the purpose of private or 195
administrative inquiry and the record of each conviction shall be 196
expunged at the end of the period of two (2) years following the 197
date of such conviction; 198
2. Additionally, a person who is the operator 199
of a motor vehicle, who possesses on his person or knowingly keeps 200
or allows to be kept in a motor vehicle within the area of the 201
vehicle normally occupied by the driver or passengers, more than 202
one (1) gram, but not more than thirty (30) grams of marijuana or 203
not more than ten (10) grams of synthetic cannabinoids is guilty 204
of a misdemeanor and, upon conviction, may be fined not more than 205
One Thousand Dollars ($1,000.00) or confined for not more than 206
ninety (90) days in the county jail, or both. For the purposes of 207
this subsection, such area of the vehicle shall not include the 208
trunk of the motor vehicle or the areas not normally occupied by 209
the driver or passengers if the vehicle is not equipped with a 210
trunk. A utility or glove compartment shall be deemed to be 211
within the area occupied by the driver and passengers. 212
(B) Marijuana: 213
1. If more than thirty (30) grams but less 214
than two hundred fifty (250) grams, by a fine of not more than One 215
Thousand Dollars ($1,000.00), or confinement in the county jail 216
for not more than one (1) year, or both; or by a fine of not more 217
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than Three Thousand Dollars ($3,000.00), or imprisonment in the 218
custody of the Department of Corrections for not more than three 219
(3) years, or both; 220
2. If two hundred fifty (250) or more grams 221
but less than five hundred (500) grams, by imprisonment for not 222
less than two (2) years nor more than eight (8) years or by a fine 223
of not more than Fifty Thousand Dollars ($50,000.00), or both; 224
3. If five hundred (500) or more grams but 225
less than one (1) kilogram, by imprisonment for not less than four 226
(4) years nor more than sixteen (16) years or a fine of not more 227
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 228
4. If one (1) kilogram or more but less than 229
five (5) kilograms, by imprisonment for not less than six (6) 230
years nor more than twenty-four (24) years or a fine of not more 231
than Five Hundred Thousand Dollars ($500,000.00), or both; 232
5. If five (5) kilograms or more, by 233
imprisonment for not less than ten (10) years nor more than thirty 234
(30) years or a fine of not more than One Million Dollars 235
($1,000,000.00), or both. 236
(C) Synthetic cannabinoids: 237
1. If more than ten (10) grams but less than 238
twenty (20) grams, by a fine of not more than One Thousand Dollars 239
($1,000.00), or confinement in the county jail for not more than 240
one (1) year, or both; or by a fine of not more than Three 241
Thousand Dollars ($3,000.00), or imprisonment in the custody of 242
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the Department of Corrections for not more than three (3) years, 243
or both; 244
2. If twenty (20) or more grams but less than 245
forty (40) grams, by imprisonment for not less than two (2) years 246
nor more than eight (8) years or by a fine of not more than Fifty 247
Thousand Dollars ($50,000.00), or both; 248
3. If forty (40) or more grams but less than 249
two hundred (200) grams, by imprisonment for not less than four 250
(4) years nor more than sixteen (16) years or a fine of not more 251
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 252
4. If two hundred (200) or more grams, by 253
imprisonment for not less than six (6) years nor more than 254
twenty-four (24) years or a fine of not more than Five Hundred 255
Thousand Dollars ($500,000.00), or both. 256
(3) A controlled substance classified in Schedule III, 257
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 258
conviction, may be punished as follows: 259
(A) If less than fifty (50) grams or less than one 260
hundred (100) dosage units, the offense is a misdemeanor and 261
punishable by not more than one (1) year or a fine of not more 262
than One Thousand Dollars ($1,000.00), or both. 263
(B) If fifty (50) or more grams or one hundred 264
(100) or more dosage units, but less than one hundred fifty (150) 265
grams or five hundred (500) dosage units, by imprisonment for not 266
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less than one (1) year nor more than four (4) years or a fine of 267
not more than Ten Thousand Dollars ($10,000.00), or both. 268
(C) If one hundred fifty (150) or more grams or 269
five hundred (500) or more dosage units, but less than three 270
hundred (300) grams or one thousand (1,000) dosage units, by 271
imprisonment for not less than two (2) years nor more than eight 272
(8) years or a fine of not more than Fifty Thousand Dollars 273
($50,000.00), or both. 274
(D) If three hundred (300) or more grams or one 275
thousand (1,000) or more dosage units, but less than five hundred 276
(500) grams or two thousand five hundred (2,500) dosage units, by 277
imprisonment for not less than four (4) years nor more than 278
sixteen (16) years or a fine of not more than Two Hundred Fifty 279
Thousand Dollars ($250,000.00), or both. 280
(d) Paraphernalia. (1) Except as otherwise provided under 281
subsection (i) of this section for actions that are lawful under 282
the Mississippi Medical Cannabis Act and in compliance with rules 283
and regulations adopted thereunder, it is unlawful for a person 284
who is not authorized by the State Board of Medical Licensure, 285
State Board of Pharmacy, or other lawful authority to use, or to 286
possess with intent to use, paraphernalia to plant, propagate, 287
cultivate, grow, harvest, manufacture, compound, convert, produce, 288
process, prepare, test, analyze, pack, repack, store, contain, 289
conceal, inject, ingest, inhale or otherwise introduce into the 290
human body a controlled substance in violation of the Uniform 291
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Controlled Substances Law. Any person who violates this 292
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 293
may be confined in the county jail for not more than six (6) 294
months, or fined not more than Five Hundred Dollars ($500.00), or 295
both; however, no person shall be charged with a violation of this 296
subsection when such person is also charged with the possession of 297
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 298
of this section. 299
(2) It is unlawful for any person to deliver, sell, 300
possess with intent to deliver or sell, or manufacture with intent 301
to deliver or sell, paraphernalia, knowing, or under circumstances 302
where one reasonably should know, that it will be used to plant, 303
propagate, cultivate, grow, harvest, manufacture, compound, 304
convert, produce, process, prepare, test, analyze, pack, repack, 305
store, contain, conceal, inject, ingest, inhale, or otherwise 306
introduce into the human body a controlled substance in violation 307
of the Uniform Controlled Substances Law. Except as provided in 308
subsection (d)(3), a person who violates this subsection (d)(2) is 309
guilty of a misdemeanor and, upon conviction, may be confined in 310
the county jail for not more than six (6) months, or fined not 311
more than Five Hundred Dollars ($500.00), or both. 312
(3) Any person eighteen (18) years of age or over who 313
violates subsection (d)(2) of this section by delivering or 314
selling paraphernalia to a person under eighteen (18) years of age 315
who is at least three (3) years his junior is guilty of a 316
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misdemeanor and, upon conviction, may be confined in the county 317
jail for not more than one (1) year, or fined not more than One 318
Thousand Dollars ($1,000.00), or both. 319
(4) It is unlawful for any person to place in any 320
newspaper, magazine, handbill, or other publication any 321
advertisement, knowing, or under circumstances where one 322
reasonably should know, that the purpose of the advertisement, in 323
whole or in part, is to promote the sale of objects designed or 324
intended for use as paraphernalia. Any person who violates this 325
subsection is guilty of a misdemeanor and, upon conviction, may be 326
confined in the county jail for not more than six (6) months, or 327
fined not more than Five Hundred Dollars ($500.00), or both. 328
(e) It shall be unlawful for any physician practicing 329
medicine in this state to prescribe, dispense or administer any 330
amphetamine or amphetamine-like anorectics and/or central nervous 331
system stimulants classified in Schedule II, pursuant to Section 332
41-29-115, for the exclusive treatment of obesity, weight control 333
or weight loss. Any person who violates this subsection, upon 334
conviction, is guilty of a misdemeanor and may be confined for a 335
period not to exceed six (6) months, or fined not more than One 336
Thousand Dollars ($1,000.00), or both. 337
(f) Trafficking. (1) Any person trafficking in controlled 338
substances shall be guilty of a felony and, upon conviction, shall 339
be imprisoned for a term of not less than ten (10) years nor more 340
than forty (40) years and shall be fined not less than Five 341
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Thousand Dollars ($5,000.00) nor more than One Million Dollars 342
($1,000,000.00). The ten-year mandatory sentence shall not be 343
reduced or suspended. The person shall not be eligible for 344
probation or parole, the provisions of Sections 41-29-149, 345
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 346
(2) "Trafficking in controlled substances" as used 347
herein means: 348
(A) A violation of subsection (a) 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
(B) A violation of subsection (a) 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; 356
(C) A violation of subsection (c) of this section 357
involving thirty (30) or more grams or forty (40) or more dosage 358
units of a Schedule I or II controlled substance except marijuana 359
and synthetic cannabinoids; 360
(D) A violation of subsection (c) of this section 361
involving five hundred (500) or more grams or two thousand five 362
hundred (2,500) or more dosage units of a Schedule III, IV or V 363
controlled substance; or 364
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(E) A violation of subsection (a) of this section 365
involving one (1) kilogram or more of marijuana or two hundred 366
(200) grams or more of synthetic cannabinoids. 367
(g) Aggravated trafficking. Any person trafficking in 368
Schedule I or II controlled substances, except marijuana and 369
synthetic cannabinoids, of two hundred (200) grams or more shall 370
be guilty of aggravated trafficking and, upon conviction, shall be 371
sentenced to a term of not less than twenty-five (25) years nor 372
more than life in prison and shall be fined not less than Five 373
Thousand Dollars ($5,000.00) nor more than One Million Dollars 374
($1,000,000.00). The twenty-five-year sentence shall be a 375
mandatory sentence and shall not be reduced or suspended. The 376
person shall not be eligible for probation or parole, the 377
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 378
the contrary notwithstanding. 379
(h) Sentence mitigation. (1) Notwithstanding any provision 380
of this section, a person who has been convicted of an offense 381
under this section that requires the judge to impose a prison 382
sentence which cannot be suspended or reduced and is ineligible 383
for probation or parole may, at the discretion of the court, 384
receive a sentence of imprisonment that is no less than 385
twenty-five percent (25%) of the sentence prescribed by the 386
applicable statute. In considering whether to apply the departure 387
from the sentence prescribed, the court shall conclude that: 388
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ST: Possession of marijuana or synthetic
cannabinoids; amend penalties for certain
convictions.
(A) The offender was not a leader of the criminal 389
enterprise; 390
(B) The offender did not use violence or a weapon 391
during the crime; 392
(C) The offense did not result in a death or 393
serious bodily injury of a person not a party to the criminal 394
enterprise; and 395
(D) The interests of justice are not served by the 396
imposition of the prescribed mandatory sentence. 397
The court may also consider whether information and 398
assistance were furnished to a law enforcement agency, or its 399
designee, which, in the opinion of the trial judge, objectively 400
should or would have aided in the arrest or prosecution of others 401
who violate this subsection. The accused shall have adequate 402
opportunity to develop and make a record of all information and 403
assistance so furnished. 404
(2) If the court reduces the prescribed sentence 405
pursuant to this subsection, it must specify on the record the 406
circumstances warranting the departure. 407
(i) This section does not apply to any of the actions that 408
are lawful under the Mississippi Medical Cannabis Act and in 409
compliance with rules and regulations adopted thereunder. 410
SECTION 2. This act shall take effect and be in force from 411
and after July 1, 2026. 412