If charged as a misdemeanor: by imprisonment for up to one (1) year and a fine not more than One Thousand Dollars ($ 1,000.00). In turn, youll also be allowed to present evidence in your favor to the State. The MBN provides investigative and enforcement services to local, county, and federal law enforcement agencies throughout the state. Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($ 1,000.00), or both. In order learn more about potential sentences, youll want to talk to a lawyer. 2. (2) (A) Marijuana and synthetic cannabinoids: 1. A house arrest will allow you to work, go to church and receive both medical attention and drug treatment. 2017 Mississippi Code Title 41 - Public Health Chapter 29 - Poisons, Drugs and Other Controlled Substances Article 3 - Uniform Controlled Substances Law 41-29-139. Youll receive counseling, incentives, and must make consistent court appearances. Save a life:What to know about drug treatment, Mississippi's Good Samaritan Law and Narcan, Two Mississippians gone too soon:Families speak about losing their sons to opioid overdoses. Northern District of Mississippi | Tupelo Man Convicted of Drug If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00), or both; 4. Not sure what this means? Typical misdemeanor penalties include: What might be considered misdemeanor drug possession in Mississippi? You already receive all suggested Justia Opinion Summary Newsletters. solely for AAC and will discuss whether an AAC facility may be an option for you. Calls to any general helpline (non-facility specific 1-8XX numbers) for your visit will be answered by In addition to the safety nets built into Parker's Law, anon-partisan committee of the Mississippi legislature will be required to evaluate and report how many people are prosecuted every year under the provisions of the bill. (B) If one-tenth (0.1) gram or more or two (2) or more dosage units, but less than two (2) grams or ten (10) dosage units, by imprisonment for not more than three (3) years or a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both. 17 arrested in drug trafficking sting across Mississippi - WLBT (g) Aggravated trafficking. select a treatment provider, visit our About AAC. The Mississippi Bureau of Narcotics (MBN) was created by the legislature in 1971 with the duty of being a statewide narcotics law enforcement agency. In the case of lysergic acid diethylamide (LSD) the term, "dosage unit" means a stamp, square, dot, microdot, tablet or capsule of a controlled substance. It should be noted, all that will be shown to this jury is the evidence the prosecutor chooses to present. This investigation will look into your background and determine whether or not the sentence is appropriate for your circumstances. Contact Our Jackson Criminal Defense Lawyers. The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marijuana or synthetic cannabinoids, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate: (1) A controlled substance classified in Schedule I or II, except marijuana and synthetic cannabinoids: (A) If less than one-tenth (0.1) gram or two (2) dosage units, the violation is a misdemeanor and punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($ 1,000.00), or both. 41-29-115: Senate Bill 2379. Marijuana trafficking laws in Mississippi define trafficking as distributing one kilogram or more of marijuana. This is where youll be educated of your crimes and the criminal system. In Mississippi, a drug is referred to as a controlled dangerous substance, or CDS. "This sentence is a victory for communities in southern Illinois and metropolitan St. Louis. We try to get back to everyone in a prompt and personal manner. In the case of lysergic acid diethylamide (LSD) the term, "dosage unit" means a stamp, square, dot, microdot, tablet or capsule of a controlled substance. If youre found guilty of a drug possession crime in the State of Mississippi, then youll receive a sentence. 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; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of one (1) ounce or less of marihuana or synthetic cannabinoids under subsection (c)(2)(A) of this section. JACKSON, Miss. The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished. 1. (f) Except as otherwise authorized in this article, any person twenty-one (21) years of age or older who knowingly sells, barters, transfers, manufactures, distributes or dispenses during any twelve (12) consecutive month period: (i) ten (10) pounds or more of marihuana or synthetic cannabinoids; (ii) two (2) ounces or more of heroin; (iii) two (2) or more ounces of cocaine or of any mixture containing cocaine as described in Section 41-29-105(s), Mississippi Code of 1972; (iv) two (2) or more ounces of methamphetamine; or (v) one hundred (100) or more dosage units of morphine, Demerol, Dilaudid, oxycodone hydrochloride or a derivative thereof, or 3,4-methylenedioxymethamphetamine (MDMA) shall be guilty of a felony and, upon conviction thereof, shall be sentenced to life imprisonment and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding. The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marihuana or synthetic cannabinoids, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate: "Dosage unit (d.u.)" For more information on AACs commitment to ethical marketing and treatment practices, or to learn more about how to Bureau of Narcotics | Mississippi Department of Public Safety Like other states, Mississippi classifies each drug according to a schedule. (g) (1) Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of thirty (30) years and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding and shall be fined not less than Five Thousand Dollars ($ 5,000.00) nor more than One Million Dollars ($ 1,000,000.00). The law takeseffect July 1. 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. You can explore additional available newsletters here. The penalty for trafficking marijuana is a mandatory jail term of 10 years but not more than 40 years. Monroe woman accused of sex trafficking a 15-year-old girl; arrested Furthermore, the Court may ask for a pre-sentence investigation, or PSI, which would be managed by a probation officer. You already receive all suggested Justia Opinion Summary Newsletters. Theyll also interview witnesses. According to court documents, the indictments resulted from an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Highlife. Mississippi has a mandatory 10-year sentence and doesn't allow probation or parole. Drug trafficking is the illegal transporting of or transacting in controlled substances. Trafficking: Trafficking in controlled substances means either more than 30 grams of coke in your possession or to have three or more . Other penalties for possession of a controlled dangerous substance include: In Mississippi, you do have the opportunity to face alternative sentences [5]. Since then, Rodenbaugh has devoted her life to speaking with families who have lost loved ones to drug overdoses. 2021 Mississippi Department of Public Safety, Law Enforcement Officers' Training Academy. (D) The interests of justice are not served by the imposition of the prescribed mandatory sentence. (b) Punishment for transfer and possession with intent to transfer. For more information, please email him at pstegall@stegall-law.com or call (901) 205-9894. A person could face a minimum of 20 years to life in prison for the sale of fentanyl and having it directly results in an overdose death. The fallout from the alarming number of fatal overdoses linked to fentanyl and other synthetic opioids is being carried by entire communities. If you owe a good amount of fines, you might be sentenced to a restitution center while youre on probation. 159 (* * *3) Notwithstanding any other provision of law, an 160 inmate shall not be eligible to receive earned time, good time or (D) Three hundred (300) grams but less than five hundred (500) grams or one thousand (1,000) dosage units but less than two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00). The ten-year mandatory sentence shall not be reduced or suspended. (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. We review laws, penalties, and basics for alternate sentencing like drug court and voluntary rehab.
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