Such unconstitutional practices led to a lawsuit in 2017 filed by the ACLU, the ACLU of Mississippi, and the law firm Simpson Thacher & Bartlett on . (b) Except as otherwise provided in subsections (f) and (g) of this section or in Section 41-29-142, any person who violates subsection (a) of this section shall be sentenced as follows: (1) In the case of controlled substances classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, except thirty (30) grams or less of marihuana or synthetic cannabinoids, and except a first offender as defined in Section 41-29-149(e) who violates subsection (a) of this section with respect to less than one (1) kilogram but more than thirty (30) grams of marihuana or synthetic cannabinoids, such person may, upon conviction, be imprisoned for not more than thirty (30) years and shall be fined not less than Five Thousand Dollars ($ 5,000.00) nor more than One Million Dollars ($ 1,000,000.00), or both; (2) In the case of a first offender who violates subsection (a) of this section with an amount less than one (1) kilogram but more than thirty (30) grams of marihuana or synthetic cannabinoids as classified in Schedule I, as set out in Section 41-29-113, such person is guilty of a felony and, upon conviction, may be imprisoned for not more than twenty (20) years or fined not more than Thirty Thousand Dollars ($ 30,000.00), or both; (3) In the case of thirty (30) grams or less of marihuana or synthetic cannabinoids, such person may, upon conviction, be imprisoned for not more than three (3) years or fined not more than Three Thousand Dollars ($ 3,000.00), or both; (4) In the case of controlled substances classified in Schedules III and IV, as set out in Sections 41-29-117 and 41-29-119, such person may, upon conviction, be imprisoned for not more than twenty (20) years and shall be fined not less than One Thousand Dollars ($ 1,000.00) nor more than Two Hundred Fifty Thousand Dollars ($ 250,000.00), or both; and. 2. (3) For controlled substances classified in Schedules III and IV, as set out in Sections 41-29-117 and 41-29-119: (A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($ 5,000.00), or both; (B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both; (C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not more than fifteen (15) years or a fine of not more than One Hundred Thousand Dollars ($ 100,000.00), or both; (D) If thirty (30) or more grams or forty (40) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00), or both. Mississippi's opioid epidemic:2 families share their stories of loss from overdoses, Opinion:To reduce drug addiction, we have to thoughtfully face it. Mississippi Gov. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this section and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction; (B) Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marihuana or synthetic cannabinoids is guilty of a misdemeanor and upon conviction may be fined not more than One Thousand Dollars ($ 1,000.00) and confined for not more than ninety (90) days in the county jail. An Executive Director appointed by the Commissioner of the Department of Public Safety heads the Mississippi Bureau of Narcotics. A person shall be charged and sentenced as follows for a violation of this subsection with respect to: Upon a first or second conviction under this paragraph (2)(A), the courts shall forward a report of the conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. prompted more states to consider laws that would hold drug distributors accountable. Fines. If one (1) kilogram or more but less than five (5) kilograms, by imprisonment for not less than six (6) years nor more than twenty-four (24) years or a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00), or both; 5. If youre found guilty of a drug possession crime in the State of Mississippi, then youll receive a sentence. The misuse and abuse of medicines such as Hydrocodone, Oxycodone, and other prescription pain killers is presenting a new challenge for Mississippi and is greatly affecting public health and safety. Why second-degree murder charges for drug dealers aren't resulting in convictions in the South, What to know about drug treatment, Mississippi's Good Samaritan Law and Narcan, Families speak about losing their sons to opioid overdoses, 2 families share their stories of loss from overdoses, To reduce drug addiction, we have to thoughtfully face it. And like many parents who have lost children to fentanyl in recent years, Berlin has become an active part of that community, providing outreach and support to others grieving loved ones. Its difficult for people with drug possession crimes to qualify for these considering Mississippis zero tolerance policy on controlled dangerous substances. MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Barnett, Jackson (11th), . 2013 Mississippi Code Title 41 - PUBLIC HEALTH Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW 41-29-139 - Prohibited acts; penalties. If youre a first offender of a non-violent crime who wasnt charged with drug sales or possession of a controlled dangerous substance with intent to distribute, you can qualify for a pre-trial diversion in Mississippi. JACKSON, Miss. "When you pass these types of laws, it creates increased fear among the drug-using population to call for help, " she said. "Losing him totally devasted our lives. If you are approved, youll have to wear an electronic monitor which checks to make sure youre always in agreement with your curfew requirements. A person charged with drug distribution of fentanyl could face 20 years to life in prison if the sale directly results in an overdose death. The premise behind drug-free zone laws was that drug trafficking near schools posed a danger to children. The murder conviction, however, was overturned in 2018 by the state court of appeals, which found there was insufficient evidence to support the charge. Mississippi has a mandatory 10-year sentence and doesn't allow probation or parole. Human trafficking. AddictionBlog.org is an American Addiction Centers, Inc. subsidiary. Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams of marijuana or not more than ten (10) grams of synthetic cannabinoids is guilty of a misdemeanor and, upon conviction, may be fined not more than One Thousand Dollars ($ 1,000.00) or confined for not more than ninety (90) days in the county jail, or both. drug trafficking. The person who sold him the synthetic LSD, Skylar O'Kelly, was convicted of drug trafficking and second-degree murder and sentenced totwo concurrent 10yearssentences in 2016. You may want to make a deal with the State and resolve the case before having to go to trial. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. Rehabilitation often includes supervised drug testing and treatment services. The far-reaching impacts from this problem affect people of every age we encourage the citizens of this state to dispose of any unused prescription pain killers at Drop Boxes which are available in every Highway Patrol station in the state. If you wish to explore additional treatment options or connect with a specific rehab center, you can browse top-rated listings, visit our homepage and browse by state, or visit SAMHSA. One will likely be brought to jail when charged, but . Go to the statute ( Ms. Code Ann. For any controlled substance that does not fall within the definition of the term "dosage unit," the penalties shall be based upon the weight of the controlled substance. Our helpline is offered at no cost to you and with no obligation to enter into treatment. "And I believe it is a crime," he said. Contact us by phone at (901) 205-9894 or online. Drug sentencing will entirely depend on your case. (B) If fifty (50) or more grams or one hundred (100) or more dosage units, but less than one hundred fifty (150) grams or five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years or a fine of not more than Ten Thousand Dollars ($ 10,000.00), or both. The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. The ten-year mandatory sentence shall not be reduced or suspended. 41-29-115: Senate Bill 2379. O'Kellywas later resentenced on drug trafficking charges and remains in state custody. Punishment for overdose deaths:Why second-degree murder charges for drug dealers aren't resulting in convictions in the South. Call the office of Patrick Stegall, Attorney and Counselor, for representation that is focused on providing personalized and effective criminal defense. In Mississippi and nationally, one of the primary causes of thiscrisis is the prevalence and availability of illicit fentanyl, said Col. Steven Maxwell, director of the Mississippi Bureau of Narcotics. The Mississippi-based drug trafficking organization is charged with distributing more than 40 kilograms of methamphetamine, more than 3 kilograms of cocaine and over 100 pounds of marijuana illegally smuggled into the U.S. from . Not too long afterward, the Court will give your case an arraignment. From there, youll be asked to submit a plea to the charges and then the court will set an initial trial date. The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended. With any other drug possession crime, youll be charged with a felony. Drug-induced homicide laws date back to the 1980s and have been criticized by drug policy experts who say they criminalize vulnerable drug users rather than effectively target drug distributors. The penalty for trafficking marijuana is a mandatory jail term of 10 years but not more than 40 years. No person * * * sentenced for 63 human trafficking, as defined in Section 97-3-54.1, whose crime . Two acquaintances at the party later testifiedin court that theysought out medical care but only after Parker wasturning blue and appeared to have stopped breathing. Any person trafficking in Schedule I or II controlled substances, except marijuana and synthetic cannabinoids, of two hundred (200) grams or more shall be guilty of aggravated trafficking and, upon conviction, shall be sentenced to a term of not less than twenty-five (25) years nor more than life in prison and shall be fined not less than Five Thousand Dollars ($ 5,000.00) nor more than One Million Dollars ($ 1,000,000.00). Caring admissions consultants are standing by 24/7 to discuss your treatment options. (2) "Trafficking in controlled substances" as used herein means to engage in three (3) or more component offenses within any twelve (12) consecutive month period where at least two (2) of the component offenses occurred in different counties. . But now there's a possibility that they can be charged with murder if someone overdoses. Have more questions about drug possession laws in Mississippi? After your presentation, the State will go again against you. Typical misdemeanor penalties include: What might be considered misdemeanor drug possession in Mississippi? During this time, a bond will be set for your release. American Addiction Centers (AAC). (3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows: (A) If less than fifty (50) grams or less than one hundred (100) dosage units, the offense is a misdemeanor and punishable by not more than one (1) year or a fine of not more than One Thousand Dollars ($ 1,000.00), or both. The fallout from the alarming number of fatal overdoses linked to fentanyl and other synthetic opioids is being carried by entire communities. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($ 500.00), or both. (1) Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than ten (10) years nor more than forty (40) years and shall be fined not less than Five Thousand Dollars ($ 5,000.00) nor more than One Million Dollars ($ 1,000,000.00). Mississippi drug trafficking law overview Federal law and Mississippi state law. "This will be a good way to see how this law is playing out and if it is resulting in any harmful practices," she said. [1] [2] In Mississippi, a drug is referred to as a "controlled dangerous substance," or CDS. Sign up for The American South newsletter. Contact Our Jackson Criminal Defense Lawyers. However, most drug possession crimes dont require much of an investigation considering the drug itself is all the evidence a police officer needs. If five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years or a fine of not more than One Million Dollars ($ 1,000,000.00), or both. (b) Punishment for transfer and possession with intent to transfer. NESHOBA COUNTY, Miss. The Upper Mississippi River will rise to near record . (C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than five (5) years nor more than thirty (30) years or a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00), or both. 41-29-115: Senate Bill 2379. House Arrest Intensive Supervision Program. Feel free to ask them in the comments below. "This sentence is a victory for communities in southern Illinois and metropolitan St. Louis. (3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows: (A) Less than fifty (50) grams or less than one hundred (100) dosage units is a misdemeanor and punishable by not more than one (1) year and a fine of not more than One Thousand Dollars ($ 1,000.00). (3) The charge of trafficking in controlled substances shall be set forth in one (1) count of an indictment with each of the component offenses alleged therein and it may be charged and tried in any county where a component offense occurred.

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