It is a crime to possess marijuana in the state of Mississippi.  The possession may be either personal use, which results in a misdemeanor charge, or it could be possession with intent to sell or deliver which is a felony offense and is much more serious. Which type it will be depends on the facts and the amount of drugs found.

A first offense possession of 30 grams or less is a misdemeanor punishable by a fine up to $250.  A second offense is also a misdemeanor but carries up to 60 days in jail.   If you’re charged with marijuana possession in Mississippi, the big question is how do you handle it?  Should you plead guilty on the first court date?  What about getting it off your record?

Actually a first or second conviction, according to the law, does not get reported and does not go on your record.  A private non-public record is forwarded to the state and kept on file for two years, then it’s expunged.  That’s what the law says, however I wouldn’t assume everything’s just going to work out that easily.  That doesn’t mean that the conviction won’t be found by an employer (and it is a conviction).  Better to be more proactive on the front end and try to get it expunged earlier.

Rather than plead guilty, look into having the charge deferred or remanded which means no guilty plea, no conviction, and you can have it expunged sooner.  Courts have different procedures for doing this but basically it means a short-term period of probation, possibly 3-6 months, perhaps a drug test or drug awareness classes, then the charge is dismissed and you can petition the court to take it off your record.  You should talk to a Southaven drug possession lawyer for help on how to do this.

Another problem with pleading guilty to a drug crime, even if it later comes off your record, is that your license will be suspended for six months.  You can petition to get a hardship license but that means having a separate hearing and court date from the criminal case.

Even small drug crimes are serious matters.  If you’ve been charged with marijuana possession in Mississippi, talk to Southaven drug possession lawyer Patrick Stegall by calling (901) 205-9894 or by email at  Mr. Stegall can help you with either a misdemeanor or felony case.

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