Young cannabis plants at Southern Therapeutics in Gautier on July 11, 2024.
Sun Herald
Has the smell of marijuana smoke from a neighbor’s home been bothering you?
If it’s drifting into your house or apartment, you may be wondering whether it’s legal to smoke marijuana in Mississippi — and what you can do about it.
Here’s what Mississippi law says about marijuana use, your rights as a neighbor and the options available if secondhand marijuana smoke isn’t your idea of a good time.
Can I legally smoke weed on my MS property?
Recreational cannabis use is not legal in Mississippi, but it has been decriminalized, according to the Marijuana Policy Project, a cannabis law reform organization that tracks legislation across the country.
So, if you’re willing to risk a fine, and you haven’t been fined before, you can smoke weed at home as long as you possess no more than 30 grams.
The fine for first offense possession of 30 grams is $250 and a civil summons, according to the MPP. However, possessing paraphernalia, like the bag cannabis comes in, remains a criminal offense in Mississippi, experts said.
The only way to really legally smoke weed on your private property in Mississippi is if you are a registered medical marijuana patient.
Can I call the cops on my MS neighbor for weed smoke?
Yes. Since recreational marijuana use is illegal in Mississippi, you can involve law enforcement. But there are a few things to consider before doing so, including the following:
1. Is your neighbor a registered medical marijuana patient? If so, it’s legal for them to use it inside their private residence, even if the smell bleeds over to your home.
2. Is it important enough for police response? Unless there’s an immediate threat or serious public disturbance, officers may not be dispatched for odor complaints at a residence.
3. Are you absolutely sure your neighbor is illegally smoking weed? If you make a false or erroneous call to 911, you could be penalized.
What can I do if my MS neighbor’s weed smoke bothers me?
If your neighbor’s weed smoke is a problem for you and you don’t want to involve law enforcement, here are some other options for handling the situation:
- Talk to your neighbor about the problem and reach a mutual solution
- Check your HOA guidelines if that doesn’t work
What if my neighbor is smoking at an MS rental property?
If your neighbor is smoking at a rental property, you could check the lease rules for your building and speak with management if the smell continues to be a problem.
