Mississippi Legislation Would Make First-Time Marijuana Possession a Civil Offense

Legislation filed yesterday in the Mississippi House would make a targeted but notable change to how the state handles low-level marijuana possession, shifting first-time offenses fully out of the criminal system and into a civil framework. House Bill 196, filed by State Representative Omeria Scott (D) and referred to the Judiciary Committee, would revise Mississippi law to classify a first offense for simple possession of marijuana as a civil offense rather than a criminal one. While current law already limits penalties for a first offense to a fine and no jail time, it still treats the violation as a criminal misdemeanor. Under the proposal, individuals found in possession of small amounts of marijuana for personal use would instead face a civil penalty, avoiding a potential criminal record.

The bill keeps existing criminal penalties in place for larger quantities, repeat offenses, and cases involving distribution or trafficking. Specifically, possession of more than 30 grams of marijuana would continue to be treated as a criminal offense under current law, as would manufacturing, selling, or transporting marijuana. The legislation also addresses synthetic cannabinoids, maintaining stricter penalties as quantities increase.

In addition to reclassifying first-time possession, the bill includes language clarifying how marijuana weight is calculated for enforcement purposes and preserves existing sentencing structures for more serious drug offenses, including trafficking and aggravated distribution.