If you’re a resident or just passing through the state, you may have questions about the drug and alcohol laws in Mississippi. These laws restrict what you can have and what you can do with different controlled substances and spell out the penalties for breaking them. Here’s what you need to know about things like DUI laws and CBD oil regulations so you can stay on the right side of the law.

DUI Laws in Mississippi

In Mississippi it’s against the law to drive under the influence of drugs or alcohol. This is defined as driving under any of these conditions:

  • With a blood alcohol content (BAC) of 0.08% or more.
  • While under the influence of any drug or intoxicant, legal or not.
  • While under the influence of alcohol.

Being “under the influence” means that the drug lessens your ability to control the vehicle.

Zero Tolerance Laws for Mississippi

Mississippi does not tolerate underage drinking and driving. If you’re under 21, you can be arrested for a DUI if you have a BAC of 0.02% or more. That means even a little alcohol is too much.

You should also know that in Mississippi, just driving a car means you consent to a BAC test. Refusing the test is also a crime, and the police can arrest you.

Is Marijuana Legal in Mississippi

Marijuana is completely illegal in Mississippi. You cannot use it medically or recreationally. The only exception is CBD, which is an oil taken from the marijuana plant. It’s legal for medical use as long as it doesn’t have more than 0.05% THC, which is the active drug in marijuana. You have to get it from a doctor.

Drug and Alcohol Related Crimes

Mississippi has different laws related to drugs and alcohol. They all have different definitions and penalties.

  • Possession of illegal drugs: If Mississippi lists a drug as illegal, it’s against the law to have it on you or your property.
  • Manufacturing illegal drugs: You can’t produce illegal drugs in Mississippi. This includes making them with chemicals or growing plants like the opium poppy or maijuana plant.
  • Distribution of illegal drugs: Selling drugs or distributing them can get you in a lot of trouble in Mississippi. It’s one of the most serious drug-related crimes.
  • Driving under the influence of drugs or alcohol (DUI): Drugs and alcohol can affect your ability to drive a car. That’s why it’s against the law in Mississippi to drive if you’ve taken drugs or drunk alcohol.

Penalties for Drug or Alcohol Abuse in Mississippi

If you break drug or alcohol laws in Mississippi, you may face heavy penalties depending on the crime:

DUI Penalties in Mississippi

Mississippi punishes driving under the influence very severely. For your first offense, you can expect:

  • Up to 48 hours in jail
  • $250-$1,000 fine
  • Suspension of your driver’s license for 120 days

These penalties get worse if you are arrested a second or third time. In fact, your third DUI is a felony that means up to 5 years in jail and a $2,000-$5,000 fine.

Zero Tolerance Penalties in Mississippi

If you’re under 21, you cannot drive with a BAC of 0.02% or more. If you do, you face the following penalties:

  • Suspension of your driver’s license for 90 days
  • A $250 fine
  • A required alcohol safety education course.

Like normal DUIs these penalties go up if you are arrested for a second or third time. If you are arrested for a BAC of 0.08% more, you will face the same penalties as a driver over 21.

Cannabis Penalties in Mississippi

The penalties for breaking marijuana laws in Mississippi are complicated. They all depend on the amount of the drug and what you were doing with it. Possession of 30 grams or less does not come with jail time but does carry a $250 fine. More than 30 grams can land you in jail, up to 30 years if you have more than 5 kilograms.

Unlike possession, selling marijuana is always a felony. Even selling under 30 grams could get you 3 years in jail and a $3,000 fine.

Get Treatment for Drug and Alcohol Abuse in Mississippi

If drugs or alcohol abuse is causing you legal problems, now’s the time to turn things around. Skilled professionals and counselors can help you create a personalized treatment plan that will start you off on the path to a healthy lifestyle. Call your nearest treatment center today to learn about your options.


  1. Mississippi Legislature. (2014). HB1231 (As Sent to Governor) 2014 Regular Session
  2. Nolo. (2010, July 7). Mississippi’s Drunk Driving Laws and Penalties
  3. The State of Mississippi. (n.d.). 2013 Mississippi Code :: Title 41 – PUBLIC HEALTH :: Chapter 29 – POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES :: Article 3 – UNIFORM CONTROLLED SUBSTANCES LAW

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