In order learn more about potential sentences, youll want to talk to a lawyer. His death from the toxic effects of the drug led to what is believed to be the first knowncase in Mississippi where a drug dealer was prosecuted for murder in a drug-related death. Another name for this crime is drug distribution. From there, youll be asked to submit a plea to the charges and then the court will set an initial trial date. During this time, a bond will be set for your release. 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 $250 fine. 1. JACKSON, Miss. The Upper Mississippi River will rise to near record . 1. These elements include: 1. Levels of severity in the charge depend on your circumstances. 2 June, 2014 In "horn lake ms paraphernalia charge . Author of "The Definitive Guide to Addiction Interventions", Department of Corrections Records Handbook, The Definitive Guide to Addiction Interventions, Drug Possession Laws in the State of Florida, Opioid pain medications like codeine, fentanyl, and hydrocodone, Certain depressants such as alfaxalone, barbital, Certain stimulants such as cathine, phentermine. Then youll be offered a closing argument along with the prosecutor. Difference Between Drug Trafficking and Drug Possession in Mississippi (4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. Call for a Free Consultation. Mississippi drug trafficking law overview Federal law and Mississippi state law. If youre found guilty of a drug possession crime in the State of Mississippi, then youll receive a sentence. If more than thirty (30) grams but less than two hundred fifty (250) grams, by a fine of not more than One Thousand Dollars ($ 1,000.00), or confinement in the county jail for not more than one (1) year, or both; or by a fine of not more than Three Thousand Dollars ($ 3,000.00), or imprisonment in the custody of the Department of Corrections for not more than three (3) years, or both; 2. We are proud to work alongside our law enforcement partners on this important mission." DEA investigated the drug trafficking ring from February 2017 to August 2018 in Madison and St. Clair counties, primarily in East St. Louis. 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. (E) A violation of subsection (a) of this section involving one (1) kilogram or more of marijuana or two hundred (200) grams or more of synthetic cannabinoids. Some options include: These specialized courts are used solely for drug offenders and their purpose is to reduce crime on the streets. Drug sentencing will entirely depend on your case. During this part of the legal process, youll now have the ability to file a motion for discovery. 41-29-113: House Bill 1031, and Ms. Code Ann. Enforcement operations, with sworn agents are managed through three geographical regions with nine district offices, three special enforcement units and three quasi-enforcement units. More than half of these deaths involved the use of multiple substances and about a third were among people younger than 35. PDF Mississippi - State Drug Laws 01.06 - Concorde (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). In Mississippi, possession charges are put into one of two categories. A conviction in both cases attracts a minimum jail time of 10 years and a maximum of 40 years. If five hundred (500) or more grams but less than one (1) kilogram, 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. From there, youll immediately be placed before a judge to make an initial appearance. No person * * * sentenced for 63 human trafficking, as defined in Section 97-3-54.1, whose crime . With any other drug possession crime, youll be charged with a felony. This is where youll be educated of your crimes and the criminal system. Baldwyn traffic stop leads to drug trafficking charge | Crime & Law (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. 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. 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. The Mississippi Bureau of Narcotics (MBN) was created by the legislature in 1971 with the duty of being a statewide narcotics law enforcement agency. This would have made Mississippi state law more closely align with federal trafficking laws. Drug Possession Laws in Mississippi - Addiction Blog But much of herfocus centers on lobbying for tougher laws to hold drug distributors accountableforoverdose deaths. 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). The murder conviction, however, was overturned in 2018 by the state court of appeals, which found there was insufficient evidence to support the charge. Home | DEA.gov From there, the State will present its case by calling witnesses and introducing the evidence taken against you. For students, sanctions may include suspension . A trial will paint a picture of the circumstances and, in turn, the idea is that you will be penalized accordingly. (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. nor AAC receives any commission or other fee that is dependent upon which treatment provider a visitor may Patrick Stegall is a Southaven felony drug possession lawyer . A house arrest will allow you to work, go to church and receive both medical attention and drug treatment. Miss. A city worker inspects the HESCO sand barriers along River Drive between Iowa and Perry Streets, Friday, April 28, 2023, in Davenport, Iowa. Trafficking: Trafficking in controlled substances means either more than 30 grams of coke in your possession or to have three or more . Ineligibility to qualify for public housing. 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. [1] However, probation is always given in lieu of a jail sentence following the 1978 decriminalization. James N. Long, 28, of Burton Lane, Baldwyn, was arrested and charged with trafficking marijuana enhanced by a firearm. The evidence that you knew of the illegal nature of this controlled dangerous substance and you knew it was present at the time of your arrest. Like other states, Mississippi classifies each drug according to a schedule. Story ideas, tips, questions? For more information, please email him at pstegall@stegall-law.com or call (901) 205-9894. An Executive Director appointed by the Commissioner of the Department of Public Safety heads the Mississippi Bureau of Narcotics. The jury will come to its decision and you will receive . 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 . 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. Follow us on Instagram, Facebook and Twitter. of 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. Youll receive counseling, incentives, and must make consistent court appearances. Drug trafficking usually has stricter penalties than drug possession. This is because marijuana has recently been removed from the list of Schedule I drugs in Mississippi. Mississippi Felony Drug Possession Laws | Mississippi Criminal Defense "Two milligrams of fentanyl is essentially a lethal dose," said Maxwell. "I think the bill is narrow and tailored to fentanyl and aimedat being a shield for people who are addicts and targets people trying to exploit them for being addicts.". (C) If one hundred fifty (150) or more grams or five hundred (500) or more dosage units, but less than three hundred (300) grams or one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both. 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. . The law takes effect July 1. Mississippi drug laws are highly discretionary for knowingly or intentionally selling, bartering, manufacturing, or possessing with the intent to sell. Punishment for overdose deaths:Why second-degree murder charges for drug dealers aren't resulting in convictions in the South. PDF Mississippi Legislature Regular Session 2021 He did so ahead of the public health authority Title 42 ending in less than two weeks, on May . If thirty (30) grams or less, by imprisonment for not more than three (3) years or a fine of not more than Three Thousand Dollars ($ 3,000.00), or both; 2. Marijuana trafficking and drug trafficking laws are strict and attract similar penalties. Prosecutors in Mississippi, where he was charged for violating the state's drug trafficking law, have admitted that they had no evidence to prove that Mr. Beadle was involved trafficking. According to court documents, the indictments resulted from an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Highlife. and find the substance you're charged with possessing -- it will be listed under one of the five classes. If two hundred fifty (250) or more grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both; 3. If you successfully complete your drug treatment, then your charges will be dropped. 2017 Mississippi Code Title 41 - Public Health Chapter 29 - Poisons, Drugs and Other Controlled Substances Article 3 - Uniform Controlled Substances Law 41-29-139. If you do qualify, its important to take as much advice from this lawyer as possible for the sake of your trial. LEGALITY. If you are facing drug trafficking charges in North Mississippi, schedule a free initial consultation with my office today. 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. In addition, the courts may require fines not exceeding $1,000,000.00 but not below $5,000.00, depending on the severity of the case. You must be screened and approved in order to qualify. Sign up for our free summaries and get the latest delivered directly to you. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. If charged as a misdemeanor: by imprisonment for up to one (1) year and a fine not more than One Thousand Dollars ($ 1,000.00). Mississippi's opioid epidemic:2 families share their stories of loss from overdoses, Opinion:To reduce drug addiction, we have to thoughtfully face it. Under very certain circumstances, people can avoid incarceration through house arrest. Mississippi law defines aggravated trafficking as, with exceptions for synthetic cannabinoids and marijuana, trafficking 200 grams or more of Schedule I or Schedule II controlled substances. These representatives work 3. Call American Addiction Centers to find help with rehab. Mississippi State University prohibits the unlawful possession, use, or distribution of illicit drugs and alcohol on university property or as part of any university activity.