Mississippi Code Section 41-29-139 makes it a felony crime to “sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell barter, transfer, distribute or dispense” marijuana.
If the amount of marijuana involved is less than 30 grams, the potential sentence is three (3) years in prison, and a $3,000.00 fine. In the case of a first offender who is charged with possession with intent to sell or distribute more than 30 grams, but less than 1 kilogram or marijuana, the potential sentence is twenty (20) years in prison, and a fine of $30,000.00. In all other cases, the potential sentence is thirty (30) years in prison, and a fine of $5,000.00 (minimum) to $1,000,000.00 (maximum).
In Mississippi, the State must prove beyond a reasonable doubt that the accused possessed the marijuana with the intent to sell or distribute. The government is allowed to prove intent through the use of circumstantial evidence.
Under Mississippi law, the State may try to prove that a person had the intent to sell or distribute by showing that the amount of the marijuana in the person’s possession is proof of intent to sell. To charge and convict a person based upon the amount of marijuana, the government must prove that the marijuana in his possession exceeded the amount that would be reasonable for personal use. If the amount of marijuana could be for personal use, as well as to sell or distribute, then the person cannot be convicted of possession with intent.
Additionally, the packaging of marijuana as well as other evidence of drug trafficking may be used to prove possession with intent to sell or distribute.
Proving possession with intent based upon the weight and packaging of marijuana is difficult. The Mississippi Supreme Court has held that where a defendant was caught with 323.4 grams of marijuana, two (2) scales, a device used to hold marijuana, rolling papers, and $356.00 in cash, there was insufficient evidence of intent to sell or distribute. The Court held that the amount of marijuana was within the amount that a person could reasonably use, and that the holding device and rolling papers were consistent with using marijuana, not selling it. Jowers v. State, 593 So.2d 46 (Miss. 1992).
