The State Laws of Mississippi

Disclaimer: Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.

Mississippi Abortion Laws

Within the state of Mississippi, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Mississippi state legislation expresses a variety of stipulations with regard to a legal abortion process:

• A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review

• Mississippi State allows an abortion to take place in the event of a rape

• Partial birth abortion is only permitted in the event that the life of the mother is in a state of immediate or dire risk

• An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Mississippi, unauthorized individuals conducting abortions may be charged with fines and/or incarceration

• The administration of an illegal, unsanctioned partial birth abortion may result in a felony

Mississippi Marijuana Laws

Within the state of Mississippi, the possession of Marijuana - or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Mississippi State Government is a punishable, criminal offense; currently, the state of Mississippi is considered to be a ‘decriminalized’ state, which signifies that Marijuana reform laws have taken place with regard to the severity of certain punitive recourse. The following penalties are associated with Marijuana within the state of Mississippi:
Possession/Under the Influence of Marijuana

1. Amount: 30 grams or less (first offense)

• Penalty: none
• Fines: $100 - $250

• Classification: misdemeanor

2. Amount: 30 to 250 grams

• Penalty: 3 years’ incarceration

• Fines:$3,000

• Classification: felony
3. Amount: 250 to 500 grams

• Penalty: 2 – 8 years’ incarceration

• Fines: $50,000

• Classification: felony

4. Amount: 500 grams to 5 kilograms

• Penalty: 6 – 24 years’ incarceration

• Fines:$500,000

• Classification: felony

5. Amount: 5 kilograms or more

• Penalty: 10 – 30 years’ incarceration

• Fines: $1,000,000
• Classification: felony

6. Amount: 30grams or less within a motor vehicle (trunk of the vehicle excluded)

• Penalty: 90 days’ incarceration

• Fines:$1,000

• Classification: misdemeanor

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

7. Amount: Less than 1 ounce

• Penalty: 3years’ incarceration

• Fines: $3,000

• Classification: felony

8. Amount: 1 ounces to 1 kilogram

• Penalty: 20 years’ incarceration

• Fines:$30,000

• Classification: felony

9. Amount: 1 kilogram to 10 pounds

• Penalty: 30years’ incarceration

• Fines: $5,000 - $1,000,000

• Classification: felony

10. Amount: More than 10 pounds

• Penalty: life imprisonment without the chance of parole

• Fines:varies

• Classification: felony

11. Amount: Sale to a minor

• Penalty:penalty is doubled in conjunction with the initial charge(s)

• Fines: fines are doubled in conjunction with the initially-imposed fine(s)

• Classification: felony

12. Amount: Sale within 1,500 feet of a school zone, church, or other specified public setting

• Penalty: penalty is doubled in conjunction with the initial charge(s)

• Fines:fines are doubled in conjunction with the initially-imposed fine(s)

• Classification: felony

Medical Marijuana

Within the state of Mississippi, Medical Marijuana is considered to be illegal both for patient use and cultivation

Mississippi DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Mississippi:

• Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Mississippi, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

• The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

• Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Mississippi, law enforcement agents are permitted to act in accordance with implied consent laws

• Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time; penalties can range upwards of 5 years in addition to the installation of an ignition interlock device

• Upon a third DUI or DWI conviction, an individual is subject to undergo the confiscation of their vehicle

Mississippi Gun Laws
A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Mississippi, gun laws are as follows:
• The sale, ownership, or possession of firearms with regard to convicted felons, minors under the age(s) of 18, or individuals in a presumed state of intoxication illegal in the state of Mississippi; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

• A waiting period for the purchase of a firearm does not currently exist in the state of Mississippi

• Current listing or report of forearms considered to be illegal in the state of Mississippi: automatic firearms, shotguns with barrels shorter than 18 inches in length, rifles with Hoyt-type barrels shorter than 16 inches in length, silences firearms, armor-piercing bullets, toy guns that are considered to be working replicas, explosive ammunition, and machine guns

• Legal Codes: 97.37.1 (Mississippi gun laws), 97.37.17 (the prohibition of firearms within a school zone)

Mississippi Adoption Laws
In the state of Mississippi, an individual who has been deemed as a law-abiding citizen 18 years or older who is of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:

• Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption
• Within the state of Mississippi, and individual must maintain residence for a period of no less than 3 months
• Within the state of Mississippi, the Department of HumanServices mandates all adoptions; oftentimes, a 6-month waiting period may take effect

• The statute of limitations available to challenge an adoption is 6 months’ time subsequent to the adoption decree
Mississippi Employment and Labor Laws

• Within the state of Mississippi, the minimum wage is congruent with the national standard for wagesawarded per hour of labor
• Within the state of Mississippi, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Mississippi Divorce Laws

Within the state of Mississippi, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:
• A divorce must be filed by an individual – or individuals – residing within the state of Mississippifor a period of no less than 6 months prior to filing
• ‘No Fault’ divorce does exist on the grounds of irrevocable differences; must be uncontested by both parties
• Additional grounds for divorce can include cruelty, collusion, criminal conviction, addiction to drugs or alcohol, impotency, neglect, insanity deemed to be incurable, and proven blood-relation shared by spouses
Mississippi Death Penalty Laws
Within the state of Mississippi, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:
• In the event of mental instability or pregnant, capital punishment is disallowed

• There does not exist a minimum age permissible for a capital punishment sentence

• Within the state of Mississippi, homicide, treason, and aircraft piracy are considered to be the only crimes punishable by death
• The accepted means of capital punishment is the administration of lethal injectionor lethal gassing

Mississippi Gambling Laws
Within the state of Mississippi, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:
• Licensed Horse racing wagering is illegal

• Gambling is permissible on licensed nautical and boating vessels afloat on the Mississippi River; any and all unsanctioned structures and facilities intended to house gambling activity are deemed as illegal in the state of Mississippi– licensed casino gambling is legal

Mississippi Child Laws

Within the state of Mississippi, the following stipulations with regard to child laws and child custody are recognized:

• Joint custody ispermitted

• The rights implied within grand parental visitation are recognized

• The wishes of any or all children involves are not taken into consideration with regard to a custody decision