Tag Archives: possession of marijuana

Jackson, Mississippi Criminal Defense Lawyer Explains Felony Possession of Marijuana

Possession of marijuana is illegal under Mississippi law.  Whether or not possession of marijuana is a felony under Mississippi law depends upon how much marijuana was in the person’s possession at the time they were arrested.

Marijuana is weighed by the gram.  If the amount of marijuana is thirty (30) grams or less, then the charge of possession of marijuana is a misdemeanor in Mississippi.  If the amount of marijuana is more than thirty (30) grams, then the person will be charged with possession of marijuana as a felony in Mississippi.

Mississippi law states that the potential penalty for a charge of possession of marijuana also depends upon the weight of the marijuana.  The weights and potential sentences are as follows:

More than 30 grams, but less than 250 grams:  three (3) years in prison and a $3,000.00 fine;

250 grams, but less than 500 grams: two (2) years to eight (8) years in prison and a $50,000.00 fine;

500 grams, but less than 1 kilogram: four (4) to sixteen (16) years in prison and a $250,000.00 fine;

1 kilogram, but less than 5 kilograms: six (6) to twenty-four (24) years in prison and a $500,000.00 fine;

5 kilograms or more: ten (10) to thirty (30) years in prison and a $1,000,000.00 fine.

If you’ve been charged with possession of marijuana in Mississippi, you need an experienced criminal lawyer to protect your interests.  Possession of marijuana carries stiff penalties under Mississippi law.  If you’ve been charged with possession, please call criminal defense lawyer Curt Crowley at 601.944.1984 for a free case evaluation.  You may also visit our Mississippi criminal defense website for more information.

Jackson, Mississippi Criminal Defense Lawyer Explains Misdemeanor Possession of Marijuana in Mississippi

In Mississippi, as in most states, possession of marijuana is illegal, even if it’s less than an ounce.

Possession of marijuana is prohibited by the Mississippi Controlled Substance Law.  Under Mississippi Code Annotated Section 41-29-139, possession of less than an ounce of marijuana is a misdemeanor, and carries the following penalties:

First Offense:                                           $100.00 to $250.00 fine;

                                                                       No jail time.

Second Offense (within 2 years):    $250.00 fine;

                                                                        5 to 60 days in jail;

                                                                        Drug education classes.

Third Offense (within 2 years):         $250.00 to $500.00 fine;

                                                                         5 days to 6 months in jail.

These potential sentences may not seem very severe, especially for a first offense.  But if you get caught with that same amount of marijuana in a motor vehicle, then you have a problem.  The same section goes on to state:

Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marihuana is guilty of a misdemeanor and upon conviction may be fined not more than One Thousand Dollars ($1,000.00) and confined for not more than ninety (90) days in the county jail. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers….

In addition to these penalties, under another Mississippi Code section, a conviction for possession of marijuana in a motor vehicle will cause your driver’s license to be suspended for six (6) months.

The lesson here?  Don’t get caught with weed in your car.  While the penalties for simple possession of marijuana might sound like a joke, the penalties for having it in a car are nothing to laugh about.

If you’ve been arrested for possession of marijuana or any other controlled substance, please call me.

Mississippi Criminal Defense Attorney Curt Crowley