Mississippi Laws and Programs

Laws

Article 41 of the Mississippi Code of 1972 is titled the Uniform Controlled Substances Law, and encompasses laws regarding the possession, sale, and use of drugs. Section 41-29-139 manages prohibited acts and penalties for controlled substances. According to this Section, it is unlawful for any person to knowingly or intentionally transfer, manufacture, distribute, or possess a controlled substance. Penalties for violations differ for each class of drugs. For Schedule I and II substances (i.e., substances of high abuse or dependency risk, lack of accepted safety, and little or no medical utility), the penalty includes 30 years in jail and a fine of $5,000–$1,000,000. For Schedule III and IV substances (i.e., substances with lower abuse or dependency risk, and some medical utility), the penalty includes 20 years of jail time and fines between $5,000 and $250,000. For Schedule V substances (i.e., substances considered to be minor problems, and previously mentioned substances in limited amounts), penalties include 10 years of jail time and fines of $1,000 to $50,000. Enhanced penalties are enforced if a person violates Section 41-29-139 while possessing a firearm, or is convicted of sale to a minor, or sale within 1,500 feet of buildings frequented by minors (i.e., schoolyards).

In lieu of imprisonment, any person convicted under Section 41-29-139 may be required to attend a course of instruction about the misuse of controlled substances. However, if a person is convicted under this Section and is deemed to be dependent or addicted to substances, medical treatment for their dependency will be enforced as part of their sentence. Moreover, for any drug conviction, the offender's driver's license is suspended for six months.

Section 41-29-137 encompasses laws regarding prescription drugs and states that no controlled substances in Schedule II may be dispensed without the written prescription of a practitioner. Practitioners are required to maintain records of all Schedule I, II, and III substances administered, dispensed, or professionally used other than by prescription. Schedule III and IV substances cannot be dispensed without a written or oral prescription from a practitioner. Such prescriptions cannot be filled more than six months after the date of prescription and cannot be renewed more than five times, unless otherwise prescribed by a practitioner. Schedule V substances may not be distributed or dispensed other than for a medical purposes.

Mississippi decriminalized the possession of marijuana in 1978 such that a first offense for possessing 30 grams or less is penalized by a fine of up to $250 with no jail time. A second conviction within two years of the first is punishable by a fine of $250, five to 60 days in county jail, and mandatory participation in drug program. A third or subsequent conviction within two years is considered a misdemeanor and is punishable by a fine of $250 to $500, [Page 527]five days to six months county jail time, and the offender will be reported to the Mississippi Bureau of Narcotics. Possession of 30 grams or less of marijuana in a motor vehicle is considered a misdemeanor and will be fined up to $1,000 and no more than 90 days of jail time. Possession of 30 grams or more is considered a felony, and therefore yields harsher penalties ranging from a fine of $3,000 and three years of jail time to a fine of $1,000,000 and jail time between 10 and 30 years.

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