The fines associated with a drug trafficking conviction can be substantial. (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. Drug trafficking is the illegal transporting of or transacting in controlled substances. Sign up for our free summaries and get the latest delivered directly to you. From there, youll immediately be placed before a judge to make an initial appearance. Selling (or possessing with the intent to sell) one kilogram or more of marijuana or 200 grams or more of synthetic cannabis is considered "trafficking in a controlled substance" under Mississippi law. You may want to make a deal with the State and resolve the case before having to go to trial. When it came to sentencing for drug trafficking convictions, Mississippi had the harshest penalties, with an average of 121 months handed down. If you enter as a guilty plea, you might be offered non-adjudicated probation. The evidence that you had control over both the presence and location of the controlled dangerous substance. (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). (1) It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia 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. (g) Aggravated trafficking. This might be referred to as a probable cause hearing. 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. So, getting caught in possession of these kinds of drugs will result in harsher penalties. Also, if youre caught solely with drug paraphernalia, youll also only be charged a misdemeanor. Typical punishments for a felony charge include: Often, youll find yourself facing other penalties due to your drug possession crime. If you've been arrested for illegal CDS possession, you'll need to consult the Mississippi Code that lists precisely which drugs fit into each group. means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. (D) Ten (10) grams but less than thirty (30) grams or twenty (20) dosage units but not more than forty (40) dosage units, 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). In considering whether to apply the departure from the sentence prescribed, the court shall conclude that: (A) The offender was not a leader of the criminal enterprise; (B) The offender did not use violence or a weapon during the crime; (C) The offense did not result in a death or serious bodily injury of a person not a party to the criminal enterprise; and. Miss. - 33 individuals were arrested as part of a sweeping law enforcement operation that targeted members of a drug trafficking organization responsible for the distribution of significant quantities of methamphetamine, cocaine and marijuana in the Neshoba County, Mississippi area. Marijuana trafficking and drug trafficking laws are strict and attract similar penalties. 41-29-113 [3]. Maria Clark is a general assignment reporter with The American South. Drug users who share drugs . LEGALITY. ARTICLE OVERVIEW: Been caught with drugs in the state of Mississippi? 601-208-0137 / 800-896-4994. (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 . If you owe a good amount of fines, you might be sentenced to a restitution center while youre on probation. Call American Addiction Centers to find help with rehab. 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. Except as otherwise provided in Section 41-29-142, any person who violates subsection (a) of this section shall be, if convicted, sentenced as follows: (1) For controlled substances classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, other than marijuana or synthetic cannabinoids: (A) If less than two (2) grams or ten (10) 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. 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. Trafficking in a controlled substance. 2023 www.clarionledger.com. The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. (h) Sentence mitigation. Not sure what this means? Some options include: These specialized courts are used solely for drug offenders and their purpose is to reduce crime on the streets. It's a felony in Mississippi. Enforcement operations, with sworn agents are managed through three geographical regions with nine district offices, three special enforcement units and three quasi-enforcement units. Jeffrey Taylor, 40, pled guilty to conspiracy to distribute methamphetamine, distribution of cocaine . If two hundred (200) or more grams, 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. Drug trafficking is: A federal crime (the laws are decided by Congress and apply to the entire nation) A felony crime (involves very serious penalties or prison time) Not the same as "drug possession". (B) Fifty (50) grams but less than one hundred fifty (150) grams or one hundred (100) dosage units but less than five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years and a fine of not more than Ten Thousand Dollars ($ 10,000.00). A third or subsequent conviction under this paragraph (2)(A) within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($ 250.00) nor more than One Thousand Dollars ($ 1,000.00) and confinement for not more than six (6) months in the county jail. 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. The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. A component offense is any act which would constitute a violation of subsection (a) of this section. 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. 2. The state of Mississippi decides on these crimes on a case to case basis. (2) Marihuana or synthetic cannabinoids in the following amounts shall be charged and sentenced as follows: (A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($ 100.00) nor more than Two Hundred Fifty Dollars ($ 250.00). In handing down the sentence, the court noted the amount of cocaine and the harm it brings to individuals in the United States. Through this type of sentence, youll be placed on special probation where you must attend court on a regular basis. . 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. If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment. "It does nothing to decrease the number of people who use. You could face 10-40 years in prison and a fine of $5,000-$1,000,000. Under Mississippi law, the prosecutor must demonstrate specific elements in order to properly convict you. Last month, Jackson resident Carlos Allenwas sentenced to 124 years in prison without the possibility of parole for drug trafficking fentanyl which resulted in the overdose death of a 24-year-old man in 2021. If you have more information to share pertaining to these laws or advice about Mississippis legal system, wed also love to hear from you. But much of herfocus centers on lobbying for tougher laws to hold drug distributors accountableforoverdose deaths. Another name for this crime is drug distribution. The investigation of this drug trafficking organization and its participants spanned multiple years. If you are approved, youll have to wear an electronic monitor which checks to make sure youre always in agreement with your curfew requirements. 1. Not too long afterward, the Court will give your case an arraignment. In the state of Mississippi, most cases of drug possession result in a felony charge. If charged as a misdemeanor: by imprisonment for up to one (1) year and a fine not more than One Thousand Dollars ($ 1,000.00). 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 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. The premise behind drug-free zone laws was that drug trafficking near schools posed a danger to children. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this paragraph (2)(A) 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; The court may also consider whether information and assistance were furnished to a law enforcement agency, or its designee, which, in the opinion of the trial judge, objectively should or would have aided in the arrest or prosecution of others who violate this subsection. The jury will come to its decision and you will receive . If ten (10) 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. this Section, Chapter 29 - Poisons, Drugs and Other Controlled Substances, Article 3 - Uniform Controlled Substances Law. To accomplish this mission, the DEA employs approximately 10,000 personnel throughout the world - Special Agents . Then youll be offered a closing argument along with the prosecutor. Trafficking. (C) Two (2) grams but less than ten (10) grams or ten (10) dosage units but less than twenty (20) 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). 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 twenty (20) or more grams but less than forty (40) 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. It does so through its internal affairs, public relations, fiscal, personnel and property offices as well as through information technology, technical, communications and fleet services. Due to this, its not entirely certain which penalties youll face for your crime. "Two milligrams of fentanyl is essentially a lethal dose," said Maxwell. prompted more states to consider laws that would hold drug distributors accountable. The evidence that you were in possession of a controlled dangerous substance when you were arrested. The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished. One of the emerging problems in Mississippi is Prescription Opioid Addiction. You can explore additional available newsletters here. People are still going to use a substance they're dependent upon. [7]. If thirty (30) grams or less of marijuana or ten (10) grams or less of synthetic cannabinoids, by a fine of not less than One Hundred Dollars ($ 100.00) nor more than Two Hundred Fifty Dollars ($ 250.00). convenient solution. (5) In the case of controlled substances classified in Schedule V, as set out in Section 41-29-121, such person may, upon conviction, be imprisoned for not more than ten (10) years and shall be fined not less than One Thousand Dollars ($ 1,000.00) nor more than Fifty Thousand Dollars ($ 50,000.00), or both. He handles drug crimes of all types throughout North Mississippi, and specializes in helping first-time offenders keep a clean record. Youll receive counseling, incentives, and must make consistent court appearances. Story ideas, tips, questions? House Arrest Intensive Supervision Program. Typical misdemeanor penalties include: What might be considered misdemeanor drug possession in Mississippi? 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. [6] The idea is drug abusers will benefit more from rehabilitation rather than traditional punishments. We try to get back to everyone in a prompt and personal manner. Still, the purpose of a trial is to figure out all the details surrounding the charges. 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. - A total of eight individuals are behind bars today following their arrest by federal, state and local law enforcement officers on federal drug trafficking and weapons charges in North East Mississippi.The FBI together with the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Attorney's Office and Tupelo Police Department announced that the arrests were made on . Feel free to ask them in the comments below. Prior convictions shall not be used as component offenses to establish the charge of trafficking in controlled substances. There are many plea negotiations the state of Mississippi has to offer (see below). The offense is punishable by 10 to 40 years in prison and a fine of between $500,000 and $1,000,000. Drug overdose deathshave skyrocketed during the pandemic. 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. In Mississippi, the O'Kelly case was one of the first known examples where a murder conviction occurred in addition to drug trafficking charges. The charges vary by state from manslaughter to capital murder, which carries a life sentence without the possibility of parole. [1] [2]. In order to do so, the State will produce all evidence to you. A conviction in both cases attracts a minimum jail time of 10 years and a maximum of 40 years. "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. It is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article. NESHOBA COUNTY, Miss. Contact us by phone at (901) 205-9894 or online. - 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 . Call for a Free Consultation. 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.
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