I have a Mississippi Medical Cannabis Card, can I still be charged with a DUI due to being under the influence marijuana?

I have a Mississippi Medical Cannabis Card, can I still be charged with a DUI due to being under the influence marijuana?

Yes, approved medical cannabis/marijuana cardholders can still be charged with a DUI for driving a vehicle under the influence of marijuana. Additionally, the operation of a watercraft while under the influence of marijuana is also a BUI (Boating Under the Influence) chargeable offense. In the state’s passing of the Mississippi Medical Cannabis Act, the DUI laws under Section 63-11-30 and Section 59-23-7 were amended to include the act as being fully a part of and subject to the same driving under the influence rules. That means that the same rules and penalties apply if you are suspected of driving under the influence of marijuana, even if you have a medical marijuana card.


When did Mississippi legalize medical marijuana?

Medical Marijuana was officially legalized in Mississippi on February 2, 2022. However, in November 2020, Mississippi voters overwhelmingly approved a citizen driven ballot initiative to amend the Mississippi constitution and create a state medical marijuana program. The Mississippi Supreme Court overturned the initiative stating that the election law regarding voter ballot initiatives was out-of-date and unworkable. The Mississippi legislature immediately began working to pass a medical marijuana bill and on January 26th, 2022, the legislature approved Senate Bill 2095 also known as the “Mississippi Medical Cannabis Act.” Governor Tate Reeves signed the bill into law the next week on February 2, 2022.

Tae Phillips, https://www.natlawreview.com/article/mississippi-approves-medical-marijuana-what-long-strange-trip-it-s-been


Who is allowed to possess and use medical marijuana in Mississippi?

A person who is a Medical Marijuana Cardholder can possess and use medical marijuana in Mississippi. A Medical Marijuana Cardholder is a registered qualifying patient or a registered designated caregiver who has been issued and possesses a valid registry identification card. All cardholders must have a debilitating medical condition certified by a qualifying physician. Nonresident cardholders who have a debilitating medical condition certified by a medical practitioner in their state, who are not residents of Mississippi, and who have submitted all required documentation to MDOH, (Mississippi Department of Health) can legally possess and use medical marijuana in Mississippi.



Is there a Limit to the amount of medical marijuana a cardholder can have in their possession?

 Being a Cardholder does not mean that you can have as much medical marijuana as you want. Mississippi created a unit of measurement called “MMCEU” and has possession limitations according to each type of medical cannabis product. One MMCEU is equivalent to 3.5 grams of medical cannabis flower, or one gram of medical cannabis concentrate, or 100 milligrams of a THC infused product. The maximum amount of MMCEUs resident card holder can possess at one time can be no more than twenty-eight units. Additionally, the possession limit for nonresident cardholders is fourteen MMCEUs.



Does having a medical marijuana card in Mississippi prevent me from owning or purchasing firearms?

 A registered qualifying patient shall not be denied the right to own, purchase, or possess firearms, ammunition, and firearm accessories solely because of their status as a qualified patient.  Firearms in Mississippi are an important part of the history and culture of the state and the Mississippi legislature made sure to include sections in the bill to address the issue.



Enlist the Help of a Qualified Attorney

When you are searching the state of Mississippi for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. The state of Mississippi recently passed the medical cannabis act in February of 2022 and there are sure to be numerous questions and cases of first impression regarding the act and medical marijuana usage violations. Over the years, we have helped countless defendants who have been charged with DUI’s for being under the influence and in possession of marijuana, along with other marijuana related charges. Please book your free consultation today, and we can help you defend yourself in the unfortunate scenario of an alleged marijuana related charge.


Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is vic@mississippi-lawyers.comand our office phone number is (601) 948 – 4444 option 1.

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