In Mississippi, there is a medical marijuana program. People who have a qualifying condition can get a medical marijuana card from a doctor, and they are then allowed to use marijuana products in this fashion. It is viewed similarly to other types of controlled substances, such as painkillers, which can be authorized by a doctor.
That being said, Mississippi has not yet legalized the use of recreational marijuana. Instead, the state has simply decriminalized marijuana possession. How exactly does this affect a person’s options when facing certain charges?
A civil offense
The biggest change is that a first offense for possession of marijuana is generally a civil offense, rather than a criminal offense. There is an upper limit of 30 grams, so having more than that could trigger criminal penalties. But as long as it is at or under this level, the person can avoid arrest and jail time if they appear in court and pay a $250 fine.
This does not mean that recreational possession is fully legal, as it would be in a state like Colorado. But it does mean that it is not addressed as strictly as it is in other states, where incarceration and other criminal penalties apply.
However, it is important to note that marijuana paraphernalia can still trigger criminal charges. This is considered a loophole in the marijuana possession laws. If a person is found with paraphernalia along with marijuana products, they may still be arrested on criminal charges.
What are your defense options?
Marijuana laws can be complicated in Mississippi and across the United States, especially because they have been changing in recent years. If you find yourself facing drug charges, you need to know what legal defense options you have.