First-Time Offense Possession of a Controlled Substance in Mississippi

What someone is charged with — and the penalties they face — depend primarily on two things: (1) the **type of drug** and (2) the **weight** of the drug.

Mississippi organizes drugs into “schedules” (Schedule I through V). Drugs in first-time offense possession controlled substance in mississippi Schedule I (such as heroin or ecstasy) are considered the most dangerous, and penalties tend to be more severe. Lower schedules (Schedules III–V) reflect lawful medical use and less severe risk, so these generally carry lower penalties.

For many first-time simple possession offenses, if the amount is *small enough to indicate personal use*, the charge is typically a **misdemeanor**. For example, possession of less than 30 grams of marijuana (not medical cannabis), or less than certain thresholds of a Schedule III, IV, or V drug without a prescription, may fall into the misdemeanor category. These can still carry significant consequences, such as up to 1 year in jail and fines. For marijuana specifically, Mississippi has historically treated very small amounts somewhat less harshly, but it is still illegal and can still produce a criminal record.

If the weight is above the “personal use” thresholds — even on a first offense — the charge generally becomes a **felony**. Possession of Schedule I or II drugs in larger personal amounts, opioids without a prescription, cocaine, methamphetamine, or ecstasy in felony-level quantities can lead to imprisonment of several years, high fines, and mandatory assessments. Even without intent to sell, simply having a felony-level weight can trigger a felony charge.

Importantly, Mississippi law does allow some **first-offender diversion or non-adjudication options**, typically at a judge’s discretion and when the individual has no prior convictions. These programs may require drug treatment, drug testing,