Marijuana; provide that simple possession of 30 grams or less is a civil infraction.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2229

AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT SIMPLE POSSESSION OF 30 GRAMS OR LESS OF MARIJUANA 2
IS A CIVIL INFRACTION; TO AMEND SECTION 21-23-7, MISSISSIPPI CODE 3
OF 1972, TO PROVIDE THAT MUNICIPAL COURTS SHALL HAVE JURISDICTION 4
TO IMPOSE CIVIL PENALTIES; 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. a. If * * * ten (10) grams or less of 161
synthetic cannabinoids, by a fine of not less than One Hundred 162
Dollars ($100.00) nor more than Two Hundred Fifty Dollars 163
($250.00). The provisions of this paragraph (2)(A) may be 164
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enforceable by summons if the offender provides proof of identity 165
satisfactory to the arresting officer and gives written promise to 166
appear in court satisfactory to the arresting officer, as directed 167
by the summons. A second conviction under this section within two 168
(2) years is a misdemeanor punishable by a fine of Two Hundred 169
Fifty Dollars ($250.00), not more than sixty (60) days in the 170
county jail, and mandatory participation in a drug education 171
program approved by the Division of Alcohol and Drug Abuse of the 172
State Department of Mental Health, unless the court enters a 173
written finding that a drug education program is inappropriate. A 174
third or subsequent conviction under this paragraph (2)(A) within 175
two (2) years is a misdemeanor punishable by a fine of not less 176
than Two Hundred Fifty Dollars ($250.00) nor more than One 177
Thousand Dollars ($1,000.00) and confinement for not more than six 178
(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
b. If thirty (30) grams or less of 191
marijuana, a civil fine of One Hundred Dollars ($100.00); 192
2. a. Additionally, a person who is the 193
operator of a motor vehicle, who possesses on his person or 194
knowingly keeps or allows to be kept in a motor vehicle within the 195
area of the vehicle normally occupied by the driver or passengers, 196
more than one (1) gram, but not more than thirty (30) grams of 197
marijuana or not more than ten (10) grams of synthetic 198
cannabinoids is guilty of a misdemeanor and, upon conviction, may 199
be fined not more than One Thousand Dollars ($1,000.00) or 200
confined for not more than ninety (90) days in the county jail, or 201
both. For the purposes of this subsection, such area of the 202
vehicle shall not include the trunk of the motor vehicle or the 203
areas not normally occupied by the driver or passengers if the 204
vehicle is not equipped with a trunk. A utility or glove 205
compartment shall be deemed to be within the area occupied by the 206
driver and passengers. 207
b. Additionally, a person who is the 208
operator of a motor vehicle, who possesses on his person or 209
knowingly keeps or allows to be kept in a motor vehicle within the 210
area of the vehicle normally occupied by the driver or passengers, 211
more than one (1) gram, but not more than thirty (30) grams of 212
marijuana, commits a civil infraction and may be fined One Hundred 213
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Dollars ($100.00). For the purposes of this subsection, such area 214
of the vehicle shall not include the trunk of the motor vehicle or 215
the areas not normally occupied by the driver or passengers if the 216
vehicle is not equipped with a trunk. A utility or glove 217
compartment shall be deemed to be within the area occupied by the 218
driver and passengers. 219
(B) Marijuana: 220
1. If more than thirty (30) grams but less 221
than two hundred fifty (250) grams, by a fine of not more than One 222
Thousand Dollars ($1,000.00), or confinement in the county jail 223
for not more than one (1) year, or both; or by a fine of not more 224
than Three Thousand Dollars ($3,000.00), or imprisonment in the 225
custody of the Department of Corrections for not more than three 226
(3) years, or both; 227
2. If two hundred fifty (250) or more grams 228
but less than five hundred (500) grams, by imprisonment for not 229
less than two (2) years nor more than eight (8) years or by a fine 230
of not more than Fifty Thousand Dollars ($50,000.00), or both; 231
3. If five hundred (500) or more grams but 232
less than one (1) kilogram, by imprisonment for not less than four 233
(4) years nor more than sixteen (16) years or a fine of not more 234
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 235
4. If one (1) kilogram or more but less than 236
five (5) kilograms, by imprisonment for not less than six (6) 237
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years nor more than twenty-four (24) years or a fine of not more 238
than Five Hundred Thousand Dollars ($500,000.00), or both; 239
5. If five (5) kilograms or more, by 240
imprisonment for not less than ten (10) years nor more than thirty 241
(30) years or a fine of not more than One Million Dollars 242
($1,000,000.00), or both. 243
(C) Synthetic cannabinoids: 244
1. If more than ten (10) grams but less than 245
twenty (20) grams, by a fine of not more than One Thousand Dollars 246
($1,000.00), or confinement in the county jail for not more than 247
one (1) year, or both; or by a fine of not more than Three 248
Thousand Dollars ($3,000.00), or imprisonment in the custody of 249
the Department of Corrections for not more than three (3) years, 250
or both; 251
2. If twenty (20) or more grams but less than 252
forty (40) grams, by imprisonment for not less than two (2) years 253
nor more than eight (8) years or by a fine of not more than Fifty 254
Thousand Dollars ($50,000.00), or both; 255
3. If forty (40) or more grams but less than 256
two hundred (200) grams, by imprisonment for not less than four 257
(4) years nor more than sixteen (16) years or a fine of not more 258
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 259
4. If two hundred (200) or more grams, by 260
imprisonment for not less than six (6) years nor more than 261
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twenty-four (24) years or a fine of not more than Five Hundred 262
Thousand Dollars ($500,000.00), or both. 263
(3) A controlled substance classified in Schedule III, 264
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 265
conviction, may be punished as follows: 266
(A) If less than fifty (50) grams or less than one 267
hundred (100) dosage units, the offense is a misdemeanor and 268
punishable by not more than one (1) year or a fine of not more 269
than One Thousand Dollars ($1,000.00), or both. 270
(B) If fifty (50) or more grams or one hundred 271
(100) or more dosage units, but less than one hundred fifty (150) 272
grams or five hundred (500) dosage units, by imprisonment for not 273
less than one (1) year nor more than four (4) years or a fine of 274
not more than Ten Thousand Dollars ($10,000.00), or both. 275
(C) If one hundred fifty (150) or more grams or 276
five hundred (500) or more dosage units, but less than three 277
hundred (300) grams or one thousand (1,000) dosage units, by 278
imprisonment for not less than two (2) years nor more than eight 279
(8) years or a fine of not more than Fifty Thousand Dollars 280
($50,000.00), or both. 281
(D) If three hundred (300) or more grams or one 282
thousand (1,000) or more dosage units, but less than five hundred 283
(500) grams or two thousand five hundred (2,500) dosage units, by 284
imprisonment for not less than four (4) years nor more than 285
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sixteen (16) years or a fine of not more than Two Hundred Fifty 286
Thousand Dollars ($250,000.00), or both. 287
(d) Paraphernalia. (1) Except as otherwise provided under 288
subsection (i) of this section for actions that are lawful under 289
the Mississippi Medical Cannabis Act and in compliance with rules 290
and regulations adopted thereunder, it is unlawful for a person 291
who is not authorized by the State Board of Medical Licensure, 292
State Board of Pharmacy, or other lawful authority to use, or to 293
possess with intent to use, paraphernalia to plant, propagate, 294
cultivate, grow, harvest, manufacture, compound, convert, produce, 295
process, prepare, test, analyze, pack, repack, store, contain, 296
conceal, inject, ingest, inhale or otherwise introduce into the 297
human body a controlled substance in violation of the Uniform 298
Controlled Substances Law. Any person who violates this 299
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 300
may be confined in the county jail for not more than six (6) 301
months, or fined not more than Five Hundred Dollars ($500.00), or 302
both; however, no person shall be charged with a violation of this 303
subsection when such person is also charged with the possession of 304
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 305
of this section. 306
(2) It is unlawful for any person to deliver, sell, 307
possess with intent to deliver or sell, or manufacture with intent 308
to deliver or sell, paraphernalia, knowing, or under circumstances 309
where one reasonably should know, that it will be used to plant, 310
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propagate, cultivate, grow, harvest, manufacture, compound, 311
convert, produce, process, prepare, test, analyze, pack, repack, 312
store, contain, conceal, inject, ingest, inhale, or otherwise 313
introduce into the human body a controlled substance in violation 314
of the Uniform Controlled Substances Law. Except as provided in 315
subsection (d)(3), a person who violates this subsection (d)(2) is 316
guilty of a misdemeanor and, upon conviction, may be confined in 317
the county jail for not more than six (6) months, or fined not 318
more than Five Hundred Dollars ($500.00), or both. 319
(3) Any person eighteen (18) years of age or over who 320
violates subsection (d)(2) of this section by delivering or 321
selling paraphernalia to a person under eighteen (18) years of age 322
who is at least three (3) years his junior is guilty of a 323
misdemeanor and, upon conviction, may be confined in the county 324
jail for not more than one (1) year, or fined not more than One 325
Thousand Dollars ($1,000.00), or both. 326
(4) It is unlawful for any person to place in any 327
newspaper, magazine, handbill, or other publication any 328
advertisement, knowing, or under circumstances where one 329
reasonably should know, that the purpose of the advertisement, in 330
whole or in part, is to promote the sale of objects designed or 331
intended for use as paraphernalia. Any person who violates this 332
subsection is guilty of a misdemeanor and, upon conviction, may be 333
confined in the county jail for not more than six (6) months, or 334
fined not more than Five Hundred Dollars ($500.00), or both. 335
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(e) It shall be unlawful for any physician practicing 336
medicine in this state to prescribe, dispense or administer any 337
amphetamine or amphetamine-like anorectics and/or central nervous 338
system stimulants classified in Schedule II, pursuant to Section 339
41-29-115, for the exclusive treatment of obesity, weight control 340
or weight loss. Any person who violates this subsection, upon 341
conviction, is guilty of a misdemeanor and may be confined for a 342
period not to exceed six (6) months, or fined not more than One 343
Thousand Dollars ($1,000.00), or both. 344
(f) Trafficking. (1) Any person trafficking in controlled 345
substances shall be guilty of a felony and, upon conviction, shall 346
be imprisoned for a term of not less than ten (10) years nor more 347
than forty (40) years and shall be fined not less than Five 348
Thousand Dollars ($5,000.00) nor more than One Million Dollars 349
($1,000,000.00). The ten-year mandatory sentence shall not be 350
reduced or suspended. The person shall not be eligible for 351
probation or parole, the provisions of Sections 41-29-149, 352
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 353
(2) "Trafficking in controlled substances" as used 354
herein means: 355
(A) A violation of subsection (a) of this section 356
involving thirty (30) or more grams or forty (40) or more dosage 357
units of a Schedule I or II controlled substance except marijuana 358
and synthetic cannabinoids; 359
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(B) A violation of subsection (a) of this section 360
involving five hundred (500) or more grams or two thousand five 361
hundred (2,500) or more dosage units of a Schedule III, IV or V 362
controlled substance; 363
(C) A violation of subsection (c) of this section 364
involving thirty (30) or more grams or forty (40) or more dosage 365
units of a Schedule I or II controlled substance except marijuana 366
and synthetic cannabinoids; 367
(D) A violation of subsection (c) of this section 368
involving five hundred (500) or more grams or two thousand five 369
hundred (2,500) or more dosage units of a Schedule III, IV or V 370
controlled substance; or 371
(E) A violation of subsection (a) of this section 372
involving one (1) kilogram or more of marijuana or two hundred 373
(200) grams or more of synthetic cannabinoids. 374
(g) Aggravated trafficking. Any person trafficking in 375
Schedule I or II controlled substances, except marijuana and 376
synthetic cannabinoids, of two hundred (200) grams or more shall 377
be guilty of aggravated trafficking and, upon conviction, shall be 378
sentenced to a term of not less than twenty-five (25) years nor 379
more than life in prison and shall be fined not less than Five 380
Thousand Dollars ($5,000.00) nor more than One Million Dollars 381
($1,000,000.00). The twenty-five-year sentence shall be a 382
mandatory sentence and shall not be reduced or suspended. The 383
person shall not be eligible for probation or parole, the 384
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provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 385
the contrary notwithstanding. 386
(h) Sentence mitigation. (1) Notwithstanding any provision 387
of this section, a person who has been convicted of an offense 388
under this section that requires the judge to impose a prison 389
sentence which cannot be suspended or reduced and is ineligible 390
for probation or parole may, at the discretion of the court, 391
receive a sentence of imprisonment that is no less than 392
twenty-five percent (25%) of the sentence prescribed by the 393
applicable statute. In considering whether to apply the departure 394
from the sentence prescribed, the court shall conclude that: 395
(A) The offender was not a leader of the criminal 396
enterprise; 397
(B) The offender did not use violence or a weapon 398
during the crime; 399
(C) The offense did not result in a death or 400
serious bodily injury of a person not a party to the criminal 401
enterprise; and 402
(D) The interests of justice are not served by the 403
imposition of the prescribed mandatory sentence. 404
The court may also consider whether information and 405
assistance were furnished to a law enforcement agency, or its 406
designee, which, in the opinion of the trial judge, objectively 407
should or would have aided in the arrest or prosecution of others 408
who violate this subsection. The accused shall have adequate 409
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opportunity to develop and make a record of all information and 410
assistance so furnished. 411
(2) If the court reduces the prescribed sentence 412
pursuant to this subsection, it must specify on the record the 413
circumstances warranting the departure. 414
(i) This section does not apply to any of the actions that 415
are lawful under the Mississippi Medical Cannabis Act and in 416
compliance with rules and regulations adopted thereunder. 417
SECTION 2. Section 21-23-7, Mississippi Code of 1972, is 418
amended as follows: 419
21-23-7. (1) The municipal judge shall hold court in a 420
public building designated by the governing authorities of the 421
municipality, or may hold court in an adult detention center as 422
provided under this subsection, and may hold court every day 423
except Sundays and legal holidays if the business of the 424
municipality so requires; provided, however, the municipal judge 425
may hold court outside the boundaries of the municipality but not 426
more than within a sixty-mile radius of the municipality to handle 427
preliminary matters and criminal matters such as initial 428
appearances and felony preliminary hearings. The municipal judge 429
may hold court outside the boundaries of the municipality but not 430
more than within a one-mile radius of the municipality for any 431
purpose; however, a municipal judge may hold court outside the 432
boundaries of the municipality more than within a one-mile radius 433
of the municipality when accepting a plea of a defendant at an 434
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adult detention center within the county. The municipal judge 435
shall have the jurisdiction to hear and determine, without a jury 436
and without a record of the testimony, civil infractions and all 437
cases charging violations of the municipal ordinances and state 438
misdemeanor laws made offenses against the municipality and to 439
punish offenders therefor and impose civil penalties as may be 440
prescribed by law. Except as otherwise provided by law, criminal 441
proceedings shall be brought by sworn complaint filed in the 442
municipal court. Such complaint shall state the essential 443
elements of the offense charged and the statute or ordinance 444
relied upon. Such complaint shall not be required to conclude 445
with a general averment that the offense is against the peace and 446
dignity of the state or in violation of the ordinances of the 447
municipality. He may sit as a committing court in all felonies 448
committed within the municipality, and he shall have the power to 449
bind over the accused to the grand jury or to appear before the 450
proper court having jurisdiction to try the same, and to set the 451
amount of bail or refuse bail and commit the accused to jail in 452
cases not bailable. The municipal judge is a conservator of the 453
peace within his municipality. He may conduct preliminary 454
hearings in all violations of the criminal laws of this state 455
occurring within the municipality, and any person arrested for a 456
violation of law within the municipality may be brought before him 457
for initial appearance. The municipal court shall have 458
jurisdiction of any case remanded to it by a circuit court grand 459
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jury. The municipal court shall have civil jurisdiction over 460
actions filed pursuant to and as provided in Title 93, Chapter 21, 461
Mississippi Code of 1972, the Protection from Domestic Abuse Act. 462
(2) In the discretion of the court, where the objects of 463
justice would be more likely met, as an alternative to imposition 464
or payment of fine and/or incarceration, the municipal judge shall 465
have the power to sentence convicted offenders to work on a public 466
service project where the court has established such a program of 467
public service by written guidelines filed with the clerk for 468
public record. Such programs shall provide for reasonable 469
supervision of the offender and the work shall be commensurate 470
with the fine and/or incarceration that would have ordinarily been 471
imposed. Such program of public service may be utilized in the 472
implementation of the provisions of Section 99-19-20, and public 473
service work thereunder may be supervised by persons other than 474
the sheriff. 475
(3) The municipal judge may solemnize marriages, take oaths, 476
affidavits and acknowledgments, and issue orders, subpoenas, 477
summonses, citations, warrants for search and arrest upon a 478
finding of probable cause, and other such process under seal of 479
the court to any county or municipality, in a criminal case, to be 480
executed by the lawful authority of the county or the municipality 481
of the respondent, and enforce obedience thereto. The absence of 482
a seal shall not invalidate the process. 483
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(4) When a person shall be charged with an offense in 484
municipal court punishable by confinement, the municipal judge, 485
being satisfied that such person is an indigent person and is 486
unable to employ counsel, may, in the discretion of the court, 487
appoint counsel from the membership of The Mississippi Bar 488
residing in his county who shall represent him. Compensation for 489
appointed counsel in criminal cases shall be approved and allowed 490
by the municipal judge and shall be paid by the municipality. The 491
maximum compensation shall not exceed Two Hundred Dollars 492
($200.00) for any one (1) case. The governing authorities of a 493
municipality may, in their discretion, appoint a public 494
defender(s) who must be a licensed attorney and who shall receive 495
a salary to be fixed by the governing authorities. 496
(5) The municipal judge of any municipality is hereby 497
authorized to suspend the sentence and to suspend the execution of 498
the sentence, or any part thereof, on such terms as may be imposed 499
by the municipal judge. However, the suspension of imposition or 500
execution of a sentence hereunder may not be revoked after a 501
period of two (2) years. The municipal judge shall have the power 502
to establish and operate a probation program, dispute resolution 503
program and other practices or procedures appropriate to the 504
judiciary and designed to aid in the administration of justice. 505
Any such program shall be established by the court with written 506
policies and procedures filed with the clerk of the court for 507
public record. Subsequent to original sentencing, the municipal 508
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judge, in misdemeanor cases, is hereby authorized to suspend 509
sentence and to suspend the execution of a sentence, or any part 510
thereof, on such terms as may be imposed by the municipal judge, 511
if (a) the judge or his or her predecessor was authorized to order 512
such suspension when the sentence was originally imposed; and (b) 513
such conviction (i) has not been appealed; or (ii) has been 514
appealed and the appeal has been voluntarily dismissed. 515
(6) Upon prior notice to the municipal prosecuting attorney 516
and upon a showing in open court of rehabilitation, good conduct 517
for a period of two (2) years since the last conviction in any 518
court and that the best interest of society would be served, the 519
court may, in its discretion, order the record of conviction of a 520
person of any or all misdemeanors in that court expunged, and upon 521
so doing the said person thereafter legally stands as though he 522
had never been convicted of the said misdemeanor(s) and may 523
lawfully so respond to any query of prior convictions. This order 524
of expunction does not apply to the confidential records of law 525
enforcement agencies and has no effect on the driving record of a 526
person maintained under Title 63, Mississippi Code of 1972, or any 527
other provision of said Title 63. 528
(7) Notwithstanding the provisions of subsection (6) of this 529
section, a person who was convicted in municipal court of a 530
misdemeanor before reaching his twenty-third birthday, excluding 531
conviction for a traffic violation, and who is a first offender, 532
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may utilize the provisions of Section 99-19-71, to expunge such 533
misdemeanor conviction. 534
(8) In the discretion of the court, a plea of nolo 535
contendere may be entered to any charge in municipal court. Upon 536
the entry of a plea of nolo contendere the court shall convict the 537
defendant of the offense charged and shall proceed to sentence the 538
defendant according to law. The judgment of the court shall 539
reflect that the conviction was on a plea of nolo contendere. An 540
appeal may be made from a conviction on a plea of nolo contendere 541
as in other cases. 542
(9) Upon execution of a sworn complaint charging a 543
misdemeanor, the municipal court may, in its discretion and in 544
lieu of an arrest warrant, issue a citation requiring the 545
appearance of the defendant to answer the charge made against him. 546
On default of appearance, an arrest warrant may be issued for the 547
defendant. The clerk of the court or deputy clerk may issue such 548
citations. 549
(10) The municipal court shall have the power to make rules 550
for the administration of the court's business, which rules, if 551
any, shall be in writing filed with the clerk of the court and 552
shall include the enactment of rules related to the court's 553
authority to issue domestic abuse protection orders pursuant to 554
Section 93-21-1 et seq. 555
(11) The municipal court shall have the power to impose 556
punishment of a fine of not more than One Thousand Dollars 557
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($1,000.00) or six (6) months imprisonment, or both, for contempt 558
of court. The municipal court may have the power to impose 559
reasonable costs of court, not in excess of the following: 560
Dismissal of any affidavit, complaint or charge 561
in municipal court........................................ $ 50.00 562
Suspension of a minor's driver's license in lieu of 563
conviction................................................ $ 50.00 564
Service of scire facias or return "not found"........ $ 20.00 565
Causing search warrant to issue or causing 566
prosecution without reasonable cause or refusing to 567
cooperate after initiating action......................... $ 100.00 568
Certified copy of the court record................... $ 5.00 569
Service of arrest warrant for failure to answer 570
citation or traffic summons............................... $ 25.00 571
Jail cost per day - actual jail cost paid by the municipality 572
but not to exceed........................................ $ 35.00 573
Service of court documents related to the filing 574
of a petition or issuance of a protection from domestic 575
abuse order under Title 93, Chapter 21, Mississippi Code 576
of 1972 .................................................. $ 25.00 577
Any other item of court cost......................... $ 50.00 578
No filing fee or such cost shall be imposed for the bringing 579
of an action in municipal court. 580
(12) A municipal court judge shall not dismiss a criminal 581
case but may transfer the case to the justice court of the county 582
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if the municipal court judge is prohibited from presiding over the 583
case by the Canons of Judicial Conduct and provided that venue and 584
jurisdiction are proper in the justice court. Upon transfer of 585
any such case, the municipal court judge shall give the municipal 586
court clerk a written order to transmit the affidavit or complaint 587
and all other records and evidence in the court's possession to 588
the justice court by certified mail or to instruct the arresting 589
officer to deliver such documents and records to the justice 590
court. There shall be no court costs charged for the transfer of 591
the case to the justice court. 592
(13) A municipal court judge shall expunge the record of any 593
case in which an arrest was made, the person arrested was released 594
and the case was dismissed or the charges were dropped, there was 595
no disposition of such case or the person was found not guilty at 596
trial. 597
(14) For violations of municipal ordinances related to real 598
property, the municipal judge shall have the power to order a 599
defendant to remedy violations within a reasonable time period as 600
set by the judge, and at the discretion of the judge, the judge 601
may simultaneously authorize the municipality, at its request, the 602
option to remedy the violation itself, through the use of its own 603
employees or its contractors, without further notice should the 604
defendant fail to fully do so within the time period set by the 605
judge. Subsequent to the municipality remedying the violation, 606
the municipality may petition the court to assess documented 607
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ST: Marijuana; provide that simple possession
of 30 grams or less is a civil infraction.
cleanup costs to the defendant, and, if, following a hearing on 608
such petition, the judge determines (a) the violations were not 609
remedied by the defendant within the time required by the court, 610
(b) that the municipality remedied the violation itself after such 611
time period expired and (c) that the costs incurred by the 612
municipality were reasonable, the court may assess the costs to 613
the defendant as a judgement, which may be enrolled in the office 614
of the circuit clerk. 615
SECTION 3. This act shall take effect and be in force from 616
and after July 1, 2026. 617