We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. In handing down the sentence, the court noted the amount of cocaine and the harm it brings to individuals in the United States. A city worker inspects the HESCO sand barriers along River Drive between Iowa and Perry Streets, Friday, April 28, 2023, in Davenport, Iowa. During this time, you will not be able to defend yourself. Tupelo, Miss. But much of herfocus centers on lobbying for tougher laws to hold drug distributors accountableforoverdose deaths. These include: There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. 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. If twenty (20) or more grams but less than forty (40) grams, by imprisonment for not less than three (3) years nor more than ten (10) years or a fine of not more than Fifteen Thousand Dollars ($ 15,000.00), or both; 4. You already receive all suggested Justia Opinion Summary Newsletters. Punishment for overdose deaths:Why second-degree murder charges for drug dealers aren't resulting in convictions in the South. 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 . (2) If the court reduces the prescribed sentence pursuant to this subsection, it must specify on the record the circumstances warranting the departure. In Mississippi, possession charges are put into one of two categories. House Arrest Intensive Supervision Program. It should be noted, all that will be shown to this jury is the evidence the prosecutor chooses to present. Typical punishments for a felony charge include: Often, youll find yourself facing other penalties due to your drug possession crime. Caring admissions consultants are standing by 24/7 to discuss your treatment options. Mississippi Laws and Penalties - NORML Trafficking Trafficking in controlled substances means either more than 30 grams of coke in your possession or to have three or more selling offenses in a 12month period or having 30 . (C) One hundred fifty (150) grams but less than three hundred (300) grams or five hundred (500) dosage units but less than one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($ 50,000.00). Possession of a Controlled Substance in Mississippi The offense is punishable by 10 to 40 years in prison and a fine of between $500,000 and $1,000,000. Under the Mississippi Code of 1979, possession of less than 30 grams (1.1 oz) of marijuana is a misdemeanor, with the first offense punishable by jail time up to 90 days and a $250 fine. A trial will paint a picture of the circumstances and, in turn, the idea is that you will be penalized accordingly. Immediately upon your arrest, you should consider finding yourself a lawyer. Youll receive counseling, incentives, and must make consistent court appearances. 1. Disclaimer: These codes may not be the most recent version. James N. Long, 28, of Burton Lane, Baldwyn, was arrested and charged with trafficking marijuana enhanced by a firearm. 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 . In turn, youll also be allowed to present evidence in your favor to the State. Monroe woman accused of sex trafficking a 15-year-old girl; arrested Unlike pharmaceutical-grade fentanyl, it can be cut, colored, scored, and pressed to be sold as a counterfeit for other illicit drugs such as Xanax, Ritalinor Oxycodone,he said. HOW OUR HELP LINE WORKS The law takes effect July 1. Drug users who share drugs . Northern District of Mississippi | Eight People Arrested On Drug - Eleven individuals are facing federal drug charges in multiple indictments unsealed on Wednesday targeting a large, multi-state drug trafficking operation in East Central Mississippi, announced U.S. Attorney Mike Hurst, Special Agent in Charge Jere T. Miles of Homeland Security Investigations, Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement . As fentanyl deaths spike in Mississippi, new law imposes harsher Author of "The Definitive Guide to Addiction Interventions", Department of Corrections Records Handbook, The Definitive Guide to Addiction Interventions, Drug Possession Laws in the State of Florida, Opioid pain medications like codeine, fentanyl, and hydrocodone, Certain depressants such as alfaxalone, barbital, Certain stimulants such as cathine, phentermine. 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. This investigation will look into your background and determine whether or not the sentence is appropriate for your circumstances. The investigation of this drug trafficking organization and its participants spanned multiple years. 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. (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 less than three (3) years nor more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00), or both. Her other son Devin was 24 when he died in 2017at home from fentanyl poisoning after taking what he thought was Percocet. Typical misdemeanor penalties include: What might be considered misdemeanor drug possession in Mississippi? Baldwyn traffic stop leads to drug trafficking charge | Crime & Law Calls to any general helpline (non-facility specific 1-8XX numbers) for your visit will be answered by CONTROL. Mississippi has a mandatory 10-year sentence and doesn't allow probation or parole. Still, if youre looking to reduce jail time and other punishments, its in your best interest to take a look at these. (WJTV) - In a joint effort, the Mississippi Bureau of Narcotics (MBN) and law enforcement agencies arrested 27 people Friday responsible for the distribution of drugs in (2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance. You're all set! Except as provided in subsection (d)(3), a person who violates this subsection (d)(2) 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. Drug users who share drugs resulting in an overdose or those who seek medical help for people who overdose can't be charged under the law, however. Then the State will provide you with one as long as you qualify. 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. You can explore additional available newsletters here. If charged by indictment as a felony: by imprisonment not less than one (1) nor more than four (4) years and a fine not more than Ten Thousand Dollars ($ 10,000.00). Most people go through with a plea negotiation when theyre trying to reduce their punishment. "When we talk to high school students about this we are trying to impress upon it's no longer just marijuana but could be marijuana laced with fentanyl or some other synthetic drug. (E) Five hundred (500) grams or more or two thousand five hundred (2,500) dosage units or more, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00). The Mississippi Bureau of Narcotics (MBN) was created by the legislature in 1971 with the duty of being a statewide narcotics law enforcement agency. Follow us on Instagram, Facebook and Twitter. Fentanyl is extremely lethal andabout 50 times more potent than heroin. The evidence that you were in possession of a controlled dangerous substance when you were arrested. If you arent able to pay the bond, then youll be entitled to a preliminary hearing. Biden authorizes military to call up reservists to combat drug (a) Any person who trafficks in marihuana by knowingly or intentionally manufacturing, distributing, dispensing, or cultivating or possessing with intent to manufacture, distribute, dispense, or cultivate, or by . In Mississippi, a drug is referred to as a controlled dangerous substance, or CDS. During debate over the issue, an amendment was offered which would set a 500-gram minimum before a person could be charged with drug trafficking (rather than 30 grams). People in possession of a Schedule I drug will end up with a more severe penalty than someone in possession of a Schedule V drug. 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. Reductions in the availability of illicit controlled substances are accomplished through comprehensive statewide enforcement initiatives, which are supported by strategic planning and training as well as by working with federal, state and local law enforcement and regulatory agencies inside and outside the State. Theyll also interview witnesses. (e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss. A third or subsequent conviction under this section within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($ 250.00) nor more than Five Hundred Dollars ($ 500.00) and confinement for not less than five (5) days nor more than six (6) months in the county jail. this Section, Chapter 29 - Poisons, Drugs and Other Controlled Substances, Article 3 - Uniform Controlled Substances Law. Its difficult for people with drug possession crimes to qualify for these considering Mississippis zero tolerance policy on controlled dangerous substances. (2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Sign up for The American South newsletter. To accomplish this mission, the DEA employs approximately 10,000 personnel throughout the world - Special Agents . 2017 Mississippi Code Title 41 - Public Health Chapter 29 - Poisons, Drugs and Other Controlled Substances Article 3 - Uniform Controlled Substances Law 41-29-139. Put into perspective, this amount equates to about 15 to 20 granulates of salt. We try to get back to everyone in a prompt and personal manner. (a) Except as authorized by this article, it is unlawful for any person knowingly or intentionally: (1) To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or. 41-29-113: House Bill 1031, and Ms. Code Ann. There are federal and state laws against trafficking drugs. "He said, 'Mama, I just want to make a difference in the world," she said recently. MBN has the responsibility of providing the citizens of Mississippi a front line defense against the abuse, misuse, sale, and trafficking of controlled substances. "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. She had a video call with him only two hours before his death. 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. A second conviction under this section within two (2) years is a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($ 250.00), not more than sixty (60) days in the county jail, and mandatory participation in a drug education program approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that a drug education program is inappropriate. As deaths have surged due to synthetic opioidsin recent years in Mississippi, she hasheld Narcan training in her home. In scenarios like that, it just precipitates more people dying.". In order learn more about potential sentences, youll want to talk to a lawyer. Multiple Individuals Indicted Federally in Major Drug Trafficking Federal penalties for drug trafficking - Brent M. Brumley Attorney at Law Prohibited acts; penalties. A subsequent conviction will result in 5-60 days imprisonment and a fine of up to $250. Her eldest son Eric died when he was 33 in 2014. Sentencing by State 2 - DrugAbuse.com In West Palm Beach, Florida, prosecutors must prove that defendants were in possession of a large enough quantity of illicit drugs to serve as a chargeable offense. His agency is responding to the crisis by collaborating with state health officials to educate the public about the dangers associated with the misuse or abuse of illicit drugs and of drugs potentially laced with fentanyl. These The rules of criminal procedure in cases of drug possession are as follows. Last month, Jackson resident Carlos Allenwas sentenced to 124 years in prison without the possibility of parole for drug trafficking fentanyl which resulted in the overdose death of a 24-year-old man in 2021. Two Sentenced on Drug Trafficking Charges . (4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. The jury will come to its decision and you will receive . Under federal law, Title 21, Section 841 makes it unlawful for any person to knowingly or intentionally "manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.". (WLBT) - Law enforcement agencies made 17 arrests across several Mississippi counties in a long-term drug trafficking sting. Mississippi Gov. 41-29-115: Senate Bill 2379. This works like probation in the sense that youll need to pay fines and court costs, report to a supervising officer, and take regular drug tests. Jackson, Miss. The provisions of this paragraph shall be enforceable by summons, provided the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons. 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. "And I believe it is a crime," he said. . A component offense is any act which would constitute a violation of subsection (a) of this section. AddictionBlog.org is an American Addiction Centers, Inc. subsidiary. The consequences of drug trafficking in Mississippi The fallout from the alarming number of fatal overdoses linked to fentanyl and other synthetic opioids is being carried by entire communities.