Mississippi Drug Laws: Penalties, Charges & Treatment Options
Mississippi Drug Laws: Key Takeaways
- Mississippi classifies controlled substances into five schedules (I through V) under the Uniform Controlled Substances Law, Miss. Code Ann. § 41-29-113 through § 41-29-121, following the federal scheduling framework.
- Possession of a Schedule I or II substance under Miss. Code Ann. § 41-29-139 is tiered by weight: less than 0.1 gram is a misdemeanor (up to 1 year, $1,000 fine), while 0.1–2 grams is a felony (up to 3 years, $50,000 fine), and 2–10 grams carries up to 8 years and a $250,000 fine.
- Trafficking in 30 grams or more of a Schedule I or II substance (except marijuana) triggers a mandatory minimum of 10 years with no parole, and aggravated trafficking of 200 grams or more carries a mandatory minimum of 25 years to life under § 41-29-139.
- Mississippi has a medical cannabis program enacted in 2022 under the Mississippi Medical Cannabis Act (SB 2095), with qualified patients allowed up to 3.5 grams of flower or 1 gram of concentrate per day and 3 ounces of flower per month. Recreational marijuana remains illegal, though first-offense possession of 30 grams or less is decriminalized to a $250 fine.
- The Mississippi Medical Emergency Good Samaritan Act (Miss. Code Ann. § 41-29-149.1) provides immunity from arrest and prosecution for drug violations for persons who seek medical assistance during a drug overdose in good faith.
- DUI involving drugs is prosecuted under Miss. Code Ann. § 63-11-30 (Implied Consent Law), and a first offense carries a fine of $250–$1,000, up to 48 hours in jail, a 120-day nonadjudication program or license suspension, and mandatory attendance at a victim impact panel.
- Mississippi operates intervention courts (drug courts) under Miss. Code Ann. § 9-23-1 et seq., which offer judicially supervised treatment as an alternative to incarceration for non-violent drug-driven offenses, with successful completion potentially leading to expungement.
Mississippi Drug Law Overview
Mississippi Drug Schedule Classifications
| Schedule | Description | Examples |
|---|---|---|
| Schedule I | Substances with high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Defined in Miss. Code Ann. § 41-29-113. | Heroin, LSD, MDMA (ecstasy), psilocybin, mescaline, GHB, salvia divinorum, methaqualone, synthetic cannabinoids |
| Schedule II | Substances with high potential for abuse, currently accepted medical use with severe restrictions, and abuse may lead to severe psychological or physical dependence. Defined in Miss. Code Ann. § 41-29-115. | Cocaine, methamphetamine, fentanyl, oxycodone (OxyContin), hydrocodone, morphine, amphetamine (Adderall), methadone, opium |
| Schedule III | Substances with potential for abuse less than Schedule I and II, currently accepted medical use, and abuse may lead to moderate or low physical dependence or high psychological dependence. Defined in Miss. Code Ann. § 41-29-117. | Anabolic steroids, ketamine, buprenorphine (Suboxone), testosterone, products containing limited quantities of codeine |
| Schedule IV | Substances with low potential for abuse relative to Schedule III, currently accepted medical use, and limited potential for dependence. Defined in Miss. Code Ann. § 41-29-119. | Alprazolam (Xanax), diazepam (Valium), zolpidem (Ambien), lorazepam (Ativan), clonazepam (Klonopin), tramadol, carisoprodol (Soma) |
| Schedule V | Substances with low potential for abuse relative to Schedule IV, currently accepted medical use, and limited potential for physical or psychological dependence. Defined in Miss. Code Ann. § 41-29-121. | Cough preparations with limited codeine (e.g., Robitussin AC), pregabalin (Lyrica), lacosamide, certain anti-diarrheal preparations |
Mississippi Drug Penalty Chart
| Offense | Substance | Amount | Classification | Jail / Prison | Max Fine |
|---|---|---|---|---|---|
| Simple Possession — Schedule I or II | Any Schedule I or II controlled substance (§ 41-29-139(c)) | Less than 0.1 gram or fewer than 2 dosage units | Misdemeanor | Up to 1 year | Up to $1,000 |
| Possession — Schedule I or II | Any Schedule I or II controlled substance (§ 41-29-139(c)) | 0.1 gram to less than 2 grams, or 2–9 dosage units | Felony | Up to 3 years | Up to $50,000 |
| Possession — Schedule I or II | Any Schedule I or II controlled substance (§ 41-29-139(c)) | 2 grams to less than 10 grams, or 10–19 dosage units | Felony | Up to 8 years | Up to $250,000 |
| Possession — Schedule I or II | Any Schedule I or II controlled substance (§ 41-29-139(c)) | 10 grams to less than 30 grams, or 20–39 dosage units | Felony | Up to 20 years | Up to $500,000 |
| Trafficking — Schedule I or II | Any Schedule I or II (except marijuana/synthetic cannabinoids) (§ 41-29-139(f)) | 30 grams or more, or 40+ dosage units | Felony — Trafficking | Mandatory minimum 10 years, up to 40 years (no parole or probation) | $5,000 to $1,000,000 |
| Aggravated Trafficking — Schedule I or II | Any Schedule I or II (except marijuana/synthetic cannabinoids) (§ 41-29-139(f)) | 200 grams or more | Felony — Aggravated Trafficking | Mandatory minimum 25 years to life (no parole or probation) | $5,000 to $1,000,000 |
| Trafficking — Schedule III, IV, or V | Any Schedule III, IV, or V controlled substance (§ 41-29-139(f)) | 500 grams or more, or 2,500+ dosage units | Felony — Trafficking | Mandatory minimum 10 years, up to 40 years (no parole or probation) | $5,000 to $1,000,000 |
| Marijuana Possession — First Offense | Marijuana (§ 41-29-139(c)) | 30 grams or less | Fine only (decriminalized) | None | Up to $250 |
| Marijuana Possession | Marijuana (§ 41-29-139(c)) | More than 30 grams to 250 grams | Felony | Up to 3 years | Up to $3,000 |
| Marijuana Possession | Marijuana (§ 41-29-139(c)) | More than 250 grams to 500 grams | Felony | 2 to 8 years | Up to $250,000 |
| Marijuana Possession / Trafficking | Marijuana (§ 41-29-139(c)) | More than 500 grams (1.1 lbs) to 1 kilogram (2.2 lbs) | Felony | 4 to 16 years | Up to $500,000 |
| Drug Paraphernalia — Possession or Use | Any controlled substance (§ 41-29-139(d)) | N/A | Misdemeanor | Up to 6 months | Up to $500 |
| Sale or Transfer to a Minor | Any controlled substance (§ 41-29-142) | Any amount — sale to person under 21 by person 3+ years older | Enhanced Felony | Up to double the base penalty | Up to double the base fine |
Is Drug Possession a Felony in Mississippi?
Mississippi Drug DUI / DWI Laws
Mississippi Marijuana Laws
Mississippi Good Samaritan LawYes - Active
Mississippi Naloxone (Narcan) Access
Mississippi Drug Courts & Diversion Programs
Does Mississippi Have Mandatory Minimums for Drugs?
Treatment Alternatives to Incarceration
Facing Drug Charges in Mississippi?
Many Mississippi courts offer treatment-based alternatives to incarceration. Drug court programs, diversion programs, and court-ordered rehab can help you get treatment instead of jail time.
New Mississippi Drug Laws (2025-2026)
Frequently Asked Questions: Mississippi Drug Laws
Sources & Citations
- Mississippi Uniform Controlled Substances Law — Article 3 (Miss. Code Ann. §§ 41-29-101 through 41-29-191)
- Miss. Code Ann. § 41-29-139 — Prohibited Acts; Penalties (Miss. Code Ann. § 41-29-139)
- Miss. Code Ann. § 41-29-113 — Schedule I Controlled Substances (Miss. Code Ann. § 41-29-113)
- Miss. Code Ann. § 41-29-149.1 — Mississippi Medical Emergency Good Samaritan Act (Miss. Code Ann. § 41-29-149.1)
- Miss. Code Ann. § 41-29-319 — Emergency Response and Overdose Prevention Act (Miss. Code Ann. § 41-29-319)
- Miss. Code Ann. § 63-11-30 — DUI / Implied Consent Law (Miss. Code Ann. § 63-11-30)
- Mississippi Intervention Courts Statutes — § 9-23-1 et seq. (Miss. Code Ann. §§ 9-23-1 through 9-23-51)
- Mississippi Medical Cannabis Program — Mississippi State Department of Health (Program Overview)
- Mississippi Medical Cannabis Program (MMCP) — Official Site (Regulations and Compliance)
- NORML — Mississippi Laws and Penalties (State Laws)
- Mississippi Board of Pharmacy — Naloxone Information (Naloxone Standing Order)
Legal Disclaimer
The information on this page is provided for general educational purposes only and does not constitute legal advice. Laws change frequently, and their application depends on specific facts and circumstances. This content should not be relied upon as a substitute for consultation with a qualified attorney licensed in your state. United Rehabs is not a law firm and does not provide legal services. If you need legal advice, contact a licensed attorney or your state bar association.