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Map of Mississippi eviction risk by county

Cannabis & Marijuana Rental Rules in Mississippi 2026

Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Mississippi.

Medical Only Effective 2022
3.5 oz Adult-use possession limit
Banned Home cultivation
No Medical patient housing protection
Federal baseline (uniform in Mississippi): Cannabis remains a Schedule I controlled substance under 21 U.S.C. § 812(c) Schedule I(c)(10) regardless of Mississippi's legalization status. HUD PIH Notice 2014-21 (re-issued PIH 2017-13) requires Public Housing Authorities to deny admission to public housing or HCV (Section 8) for any household member illegally using a controlled substance, including cannabis. Landlords may prohibit smoking of any substance as a private property interest in any state.

Mississippi gives landlords broad control over cannabis in rental units. Recreational use remains illegal statewide, and even the medical program built by the Mississippi Medical Cannabis Act (Miss. Code Ann. 41-137-1 through 41-137-67) does not force you to allow cannabis on your property. Section 41-137-19 says a landlord may, but shall not be required to, permit the use, cultivation, or sale of medical cannabis in a rental. That single clause is the foundation of your authority here.

The bigger trap for Mississippi owners is federal law. Cannabis is still a Schedule I drug under the federal Controlled Substances Act, so a valid state medical card offers no protection in Section 8 or public housing. This page walks through what you can ban, how to write the lease, and where state and federal rules collide.

Mississippi Cannabis Legal Status

Mississippi is classified as Medical Cannabis Only (effective 2022). The governing statute is Miss. Code § 41-137-1 et seq. (Mississippi Medical Cannabis Act, SB 2095, 2022).

Landlord Authority in Mississippi

Landlords retain ban authority.

No home cultivation. Smokable flower permitted for medical patients. Landlord may ban any use on premises.

Cannabis status in Mississippi: medical only, no adult use

Mississippi has a medical program and nothing more. Recreational cannabis is illegal, though a first offense for 30 grams or less is decriminalized to a civil fine rather than a criminal charge. That distinction matters for lease enforcement: unauthorized recreational use is still a violation of law you can write into the lease, even if the state no longer jails a first-time offender.

Medical cannabis became legal under the Mississippi Medical Cannabis Act, signed February 2, 2022 and codified at Miss. Code Ann. 41-137-1 through 41-137-67. The Mississippi State Department of Health runs patient registration and licensing. Patients buy from licensed dispensaries only; there is no legal home cultivation in Mississippi. All growing must happen in licensed, enclosed, locked, and secure facilities, so a tenant setting up a grow in a unit is operating outside the law entirely.

Your authority to ban cannabis under 41-137-19

The Medical Cannabis Act settles the landlord question cleanly. Under Section 41-137-19, a landlord may, but shall not be required to, allow the cultivation, processing, sale, or use of medical cannabis on rental property. In plain terms: a tenant's medical card does not give them a right to consume or grow cannabis in your unit. You may prohibit all cannabis activity, permit smoke-free forms only, or allow it, at your discretion.

Because home cultivation is illegal statewide regardless, you never have to permit growing. What you are actually deciding is whether to allow consumption of dispensary product, and if so, in what form. A common landlord position is to allow non-inhaled forms (edibles, tinctures, capsules) while banning any smoking or vaping, which protects the unit from odor, residue, and secondhand-smoke complaints without wading into a tenant's medical treatment.

Smoking bans, odor, and the public-place rule

Mississippi law already bars using medical cannabis in a public place or a motor vehicle, and for these purposes smoking includes vaping and other inhalation methods. That covers shared areas of a rental property such as hallways, parking lots, pools, and lobbies, so those are effectively off-limits by statute.

Inside a private unit, the control is yours. You can impose a building-wide no-smoking policy that treats cannabis the same as tobacco, or a cannabis-specific smoking ban. Enforcement runs through the lease and your normal remedies, including cleaning and deodorizing charges against the deposit for smoke damage. A blanket smoke-free policy is the cleanest option because it avoids any argument that you are singling out a medical patient.

The federal conflict: Section 8 and public housing

This is where a Mississippi medical card stops helping the tenant. Cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act, and federally assisted housing runs on federal rules. Under 42 U.S.C. 13661 through 13662 and HUD guidance, a public housing authority must deny admission to a household that includes a current illegal drug user, and marijuana use is grounds to terminate a Section 8 voucher or public-housing tenancy.

A state medical card is not a defense in that setting. If you own project-based Section 8 units or rent to voucher holders, you cannot lawfully permit cannabis use even if you personally would allow it, and you should say so explicitly in the lease. For conventional market-rate rentals with no federal money involved, you have the full discretion 41-137-19 grants and can decide either way.

Lease clauses that hold up in Mississippi

Put the policy in writing before the tenant moves in. A defensible Mississippi lease addresses cannabis directly rather than relying on a generic illegal-activity clause. Consider language that: (1) declares the unit and common areas smoke-free, expressly including cannabis smoke and vapor; (2) prohibits any cultivation, consistent with the statewide ban on home growing; (3) states that possession must stay within the patient's lawful MCEU limits and that recreational cannabis is prohibited; and (4) for any federally assisted unit, notes that federal law bars cannabis and overrides a state card.

Patients are capped at 3.5 grams of flower per MCEU, may buy up to 6 MCEUs per week and 24 MCEUs per month, and may possess no more than 28 MCEUs at once. A tenant with quantities beyond those numbers is outside the medical program, which strengthens a lease-violation case. Apply the policy uniformly to every tenant so enforcement never looks like discrimination against a medical user.

Medical Patient Housing Rules in Mississippi

Mississippi does not have statewide medical patient housing protection.

Medical cannabis patients in Mississippi may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.

Section 8 / HCV in Mississippi, The Federal Trap

HUD PIH 2014-21 mandatory denial applies in Mississippi. Even though Mississippi has legalized medical cannabis, a Public Housing Authority in Mississippi must deny admission to any household where a member illegally uses a controlled substance, and cannabis remains federal-illegal. Existing Section 8 tenants who use cannabis may face termination at PHA discretion, though termination is not mandatory like denial is.

The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Mississippi, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.

Cannabis Rental Compliance in Major Mississippi Cities

City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Mississippi rental markets:

Jackson Gulfport Southaven Biloxi Hattiesburg Olive Branch

Sources & Methodology

Related Guides for Mississippi Landlords

← Mississippi Eviction Risk Overview Lawful Eviction Reasons Section 8 / HCV Landlord Guide Landlord Insurance & Hazards Fair Housing Protected Classes Tenant Rights Summary

This overview reflects the Mississippi Medical Cannabis Act (Miss. Code Ann. 41-137-1 through 41-137-67), including the landlord provision at 41-137-19, as administered by the Mississippi State Department of Health, together with the federal Controlled Substances Act and HUD's assisted-housing rules at 42 U.S.C. 13661-13662. Cannabis law and enforcement priorities change; confirm the current statute and any local ordinance, and consult a Mississippi landlord-tenant attorney before drafting or enforcing a cannabis lease clause, especially for federally assisted units.

Frequently Asked Questions

Can a Mississippi landlord ban a tenant with a medical cannabis card from using it in the unit?

Yes. Miss. Code Ann. 41-137-19 says a landlord may, but is not required to, allow medical cannabis use or cultivation on rental property. A medical card does not give the tenant a right to consume or grow cannabis in your unit.

Can tenants grow their own cannabis in a Mississippi rental?

No. Mississippi does not permit home cultivation. All growing must occur in licensed, enclosed, locked, secure facilities regulated by the Mississippi State Department of Health, and patients buy only from licensed dispensaries. A grow operation in a rental is illegal regardless of your lease.

Is recreational marijuana legal in Mississippi?

No. Only medical cannabis is legal, under the Mississippi Medical Cannabis Act. Recreational use is illegal, though a first offense for 30 grams or less is decriminalized to a civil fine rather than a criminal charge.

Can I allow cannabis if I rent to Section 8 or public housing tenants?

No. Cannabis is a Schedule I drug under federal law. Under 42 U.S.C. 13661-13662 and HUD guidance, housing authorities must deny admission to current drug users and may terminate tenancy for marijuana use. A Mississippi medical card is not a defense in federally assisted housing.

Does the state smoking prohibition cover my rental property?

Partly. Mississippi law already bans medical cannabis use, including smoking and vaping, in public places and motor vehicles, which covers shared areas like hallways and parking lots. Inside a private unit, whether smoking is allowed is up to your lease policy.

How much cannabis can a Mississippi medical patient legally have?

Limits use Medical Cannabis Equivalency Units. One MCEU is 3.5 grams of flower, up to 1 gram of concentrate, or up to 100 mg of THC in infused product. Patients may buy up to 6 MCEUs per week, 24 per month, and possess no more than 28 MCEUs at one time.

Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: Miss. Code § 41-137-1 et seq. (Mississippi Medical Cannabis Act, SB 2095, 2022). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Mississippi attorney before making a lease, screening, or eviction decision involving cannabis.