A first-time offense for possession of marijuana under 30 grams is not an arrestable offense in the state of Mississippi, though putting it in a bag can result in jail time and a sizable fine.
Though Mississippi law dictates that the first offense for possession of 30 grams or less will result in no penalty of jail time, only a fine of $100 to $250, there are often additional consequences for people caught for the first time with small amounts of marijuana.
Oxford Police Department Captain Hildon Sessums said that most marijuana arrests happen at traffic stops, and charges for possession in a motor vehicle — even under 30 grams — are more serious. Repercussions can include a misdemeanor charge punishable by 90 days in jail, a fine of up to $1,000 and possible six-month license suspension.
When officers encounter someone with marijuana in a vehicle, Sessums said they can either charge them with possession of marijuana in a motor vehicle or charge them with possession of paraphernalia.
Possession of drug paraphernalia is against Mississippi state law.
Drug paraphernalia is broadly defined as anything that can be used to conceal, ingest or hold drugs and can include anything from pipes to plastic bags.
“Where do you have that marijuana?” Dwight Ball, Oxford defense attorney, said. “In the bag, so they can charge you for the paraphernalia. No one’s going around carrying marijuana in their hand.”
A paraphernalia offense can be penalized as a misdemeanor and could result in up to six months in jail and a $500 maximum fine.
There have been 310 arrests for the possession of paraphernalia in Oxford this year, according to Sessums.
OPD has given only seven citations for simple possession of marijuana and has made 27 arrests for possession of marijuana in a motor vehicle this year.
Punishments for multiple marijuana offenses or possession of large quantities can result in more severe consequences.
A second offense of possession of less than 30 grams can result in five to 60 days of jail time, as well as a fine of up to $250 and carries a misdemeanor charge. A third offense will also be punishable as a misdemeanor and will result in five days to six months in jail and a fine of up to $1,000.
Mississippi law states that possession of more than 30 grams of marijuana can result in a felony charge, one to 30 years in jail time and a fine between $1,000 and $1 million depending on the amount of marijuana.
