Overview & Legal Status
Mississippi launched its medical cannabis programme under SB 2095 (2022) after Initiative 65 was invalidated by the Mississippi Supreme Court. The Mississippi Medical Cannabis Act established a framework for cultivation, processing, and dispensary sales. Adult-use remains illegal.
Regulatory Framework
- Cannabis Cultivation Licence: Mississippi State Dept. of Health — Tier 1 (≤100 plants), Tier 2 (≤1,000 plants), Tier 3 (commercial)
- Cannabis Processing Licence: Extraction, edibles, topicals, capsules
Licensing
Available Licence Types
- Cultivator / Grower Licence — commercial cannabis/hemp cultivation; canopy and operational requirements set by state regulator
- Background checks and financial requirements mandatory for all principals
- Local zoning approval typically required in addition to state licence
- Processor / Manufacturer Licence — production of extracts, edibles, capsules, topicals, and other cannabis-derived products
- Dispensary / Retail Licence (Medical) — sale of cannabis products to registered patients
- Minimum distance from schools, daycares, and youth facilities required
- State licence + local approval typically required
- Adult-Use Retail Licence — not available — adult-use illegal in this state
- Delivery Licence — patient home delivery; availability varies
- Testing Laboratory Licence — independent ISO/IEC 17025 accredited laboratory
- Hemp / Industrial Hemp Licence — cultivation and processing of hemp (≤0.3% THC) under USDA-approved state plan
- Cannabis Cultivation Licence — Mississippi State Dept. of Health — Tier 1 (≤100 plants), Tier 2 (≤1,000 plants), Tier 3 (commercial)
- Cannabis Processing Licence — Extraction, edibles, topicals, capsules
- Cannabis Dispensary Licence — Medical sales; up to 5 dispensaries per entity
- No Delivery Licence — Home delivery not authorised in Mississippi
- Hemp Licence — Mississippi Dept. of Agriculture hemp programme
Taxation
Medical Cannabis Excise TaxNo cannabis excise; standard Mississippi sales tax applies
State Sales Tax
7%
MS rate — one of highest in US
Local Tax
0–1%
Some municipalities add local tax
Medical Cannabis
7%
State sales tax on dispensary sales
Adult-Use
N/A
Illegal
Consumer & Business Implications
- Mississippi applies its 7% state sales tax to all medical cannabis purchases
- No cannabis-specific excise has been enacted
- Local taxes are generally 0% but some municipalities may add up to 1%
- IRS § 280E applies to cannabis businesses federally
Advertising
Advertising Regulations
- Targeting minors strictly prohibited: No advertising where >30% of audience is under 21; no cartoons, toys, candy imagery
- No advertising within 500–1,000 ft of schools, daycares, playgrounds (varies by state)
- Required disclaimers on all advertising: 'For medical/adult use only. Keep out of reach of children.' Licence number required.
- Social media & digital: Age-gating required; audience verification; no general public targeting
- Platforms (Google, Meta) restrict cannabis ads; use compliant cannabis-specific ad networks
- No false health claims — unsubstantiated efficacy or medical benefit claims prohibited
- Advertising prohibited within 1,000 ft of schools, daycares, playgrounds
- No advertising targeting minors or using imagery appealing to children
- Required disclaimer: 'For registered medical cannabis patients only.' MSDH licence number required
- Social media: age-gating required; general public advertising prohibited
Workplace Rules
Employee Rights & Employer Obligations
- No employment protections in Mississippi Medical Cannabis Act for employees
- Employers may enforce drug-free workplace policies; terminate for positive cannabis tests
- No pending legislation to add workplace protections
- Mississippi Code § 71-3-7 — drug use affects workers' compensation claims
- Safety-sensitive positions always exempt — employers may enforce zero-tolerance for CDL drivers, heavy equipment operators, healthcare workers
- DOT-regulated employees subject to federal testing requirements regardless of state law
- On-duty impairment is never protected — all states allow prohibition of cannabis use during work hours
- Federal contractors must comply with Drug-Free Workplace Act (41 U.S.C. § 8101 et seq.)
Possession & Transactions
Medical Patient Possession3 oz per 14 days
3 oz
Per 14-day period
0
Adult-use — illegal
Medical Card
Required
14 days
Purchase period
Medical Patient Possession
- Registered patients may possess up to 3 oz of medical cannabis per 14-day period
- Must carry Mississippi Medical Cannabis Patient ID Card at all times when in possession
- Products must be in original dispensary packaging
Adult-Use Possession
- Possession of marijuana (without medical card): misdemeanour up to 30 g; felony above 30 g
- 30 g or less — first offence: $250 fine (no jail per 2021 reform)
- 30 g–1 lb: felony — up to 3 years
Transaction Rules
- Medical: 18+ with Mississippi Medical Cannabis Patient ID + government photo ID
- No adult-use transactions permitted
- Caregivers may purchase for registered patients
Product Testing
Testing Requirements
- Mandatory potency testing: Total THC, THCA, CBD, CBDA — all products before sale
- Contaminant testing: Pesticides, heavy metals (Pb, Cd, As, Hg), microbials (E. coli, Salmonella, Aspergillus), mycotoxins, residual solvents
- Approved laboratories: State-licensed, ISO/IEC 17025 accredited; independent of producers and retailers
- Certificate of Analysis (COA) must accompany each batch; accessible to patients/consumers on request
- All medical cannabis products tested at MSDH-approved labs before dispensary sale
- Potency, pesticides, heavy metals, microbials, mycotoxins required
- ISO 17025 accreditation required; compliance sampling by MSDH
Medical Cannabis Programme
Qualifying Medical Conditions
- Cancer, Parkinson's, Huntington's, muscular dystrophy, glaucoma
- Spastic quadriplegia, AIDS, hepatitis, sickle cell, arachnoiditis
- Agitation of Alzheimer's, cachexia, PTSD
- Crohn's disease, ulcerative colitis, fibromyalgia, CTE
- Autism, PTSD, terminal illness, chronic pain (intractable)
- Addition of conditions by Mississippi State Dept. of Health
Medical Possession3 oz usable cannabis per 14-day period
Programme Rules & Prescription Duration
- Mississippi-licensed physician certification required
- Patient ID card from MSDH — annual renewal
- Annual registration fee: $25
- Minors (under 18): require physician certification from two physicians + parent/guardian caregiver
- Out-of-state patients: Mississippi does not recognise out-of-state medical cards
- No home cultivation permitted
Adult-Use Cannabis
Adult-use cannabis is fully illegal in Mississippi. Small possession (≤30 g) was reformed to a fine-only offence in 2021, but cannabis remains illegal at any amount.
Differences from Medical Use
- Medical programme active 2022; adult-use has no legal pathway
- Small amounts partially decriminalised financially (fine only for ≤30 g)
- No adult-use retail or tax framework
Local Ordinances
- No Mississippi municipalities have enacted cannabis decriminalisation beyond state law
- Jackson, Hattiesburg and other cities follow state law strictly
- Legislative outlook: medical programme expansion possible; adult-use legislation not currently active
Penalties
Possession Offences
- ≤30 g (no medical card): Civil fine — $250 (2021 reform); no jail first offence
- 30 g – 1 lb: Felony — up to 3 years
- 1–5 lbs: Felony — 2–8 years
Sale & Distribution
- Sale (any amount): Felony — 3 years to life depending on quantity
- Sale to minor or near school: Enhanced penalties
- Trafficking: Felony — mandatory minimums based on quantity
DUID — Driving Under Influence of Cannabis
- Driving under the influence of cannabis is illegal in all states
- First offence: typically misdemeanour — fines, possible jail, licence suspension, substance abuse programme
- Repeat offences: enhanced penalties; possible felony in some states
⚠️ Adult-Use Cannabis — Important Warnings
- Adult-use cannabis is NOT legal in Mississippi. Possession, sale, and cultivation outside the medical programme remains a criminal offence.
- Medical cannabis patients must carry their state-issued registry card at all times when possessing cannabis.
- Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
- Do not drive or operate machinery while impaired by cannabis — DUID laws are strictly enforced.
- Airports operate under federal jurisdiction — carrying cannabis through airports is prohibited.
- Cannabis is prohibited on all federal lands (national parks, forests, federal buildings).
- Keep all cannabis and CBD products out of reach of children and pets.
- Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.
🚨 Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in Mississippi change frequently — always verify current statutes with official Mississippi government sources or consult a qualified attorney licensed in Mississippi.
- Information reflects laws known as of March 15, 2026 — subject to legislative change.
- Local city and county ordinances may impose additional restrictions beyond state law.
- Federal law supersedes state law in all federal jurisdictions and employment contexts.
- CannBus accepts no liability for actions taken based on information on this page.
📚 References & Sources
- Mississippi Code § 41-137 — Mississippi Medical Cannabis Act (SB 2095, 2022)
- Mississippi State Dept. of Health Medical Cannabis — msdh.ms.gov/cannabis
- Mississippi Code § 41-29-139 — Controlled Substances Penalties
- Mississippi Dept. of Agriculture Hemp Programme
- Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026 ·
Cannabis Laws · www.cannbus.org