"Losing him totally devasted our lives. (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. There are federal and state laws against trafficking drugs. Please check official sources. Rehabilitation often includes supervised drug testing and treatment services. 1. To accomplish this mission, the DEA employs approximately 10,000 personnel throughout the world - Special Agents . From 2019:How millions of opioid pain pills flowed to Mississippi, bringing death, More:Hinds County coroners are 'strung out, overworked and tired,' handling 200 deaths a month. 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. 159 (* * *3) Notwithstanding any other provision of law, an 160 inmate shall not be eligible to receive earned time, good time or More than half of these deaths involved the use of multiple substances and about a third were among people younger than 35. But much of herfocus centers on lobbying for tougher laws to hold drug distributors accountableforoverdose deaths. Patrick Stegall is a Southaven felony drug possession lawyer . "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. (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). Any person who violates this subsection with respect to: (1) A controlled substance classified in Schedule I or II, except marihuana or synthetic cannabinoids, in the following amounts shall be charged and sentenced as follows: (A) Less than one-tenth (0.1) gram or one (1) dosage unit or less may be charged as a misdemeanor or felony. Call American Addiction Centers to find help with rehab. These include: There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. Janice Berlin, of Madison, Mississippi, is learning how to live again after mourning the loss of two sons to drug overdoses. 2023 www.clarionledger.com. These The rules of criminal procedure in cases of drug possession are as follows. LOUIS, Ill. - A U.S. District Court judge sentenced an East St. Louis man to 16 years and six months in prison after he pled guilty to several drug charges for his involvement in a national trafficking ring as the Metro East St. Louis leader. In the state of Mississippi, most cases of drug possession result in a felony charge. 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. Put into perspective, this amount equates to about 15 to 20 granulates of salt. A trial usually begins with an opening statement by the prosecutor and attorney defending you. 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). Call for a Free Consultation. Ineligibility to receive a state license or certification. If you do qualify, its important to take as much advice from this lawyer as possible for the sake of your trial. American Addiction Centers (AAC). It should be noted, all that will be shown to this jury is the evidence the prosecutor chooses to present. (a) Transfer and possession with intent to transfer. Through this type of sentence, youll be placed on special probation where you must attend court on a regular basis. If you enter as a guilty plea, you might be offered non-adjudicated probation. Contact Our Jackson Criminal Defense Lawyers. Sale Mississippi drug laws are highly discretionary for knowingly or intentionally selling, bartering, manufacturing, or possessing with the intent to sell. Anthony Anderson, 42, and Kenyarder Bell, 40, were sentenced in U.S. District Court on Thursday, October 14, 2021. . During this time, a bond will be set for your release. 601-208-0137 / 800-896-4994. MBN has the responsibility of providing the citizens of Mississippi a front line defense against the abuse, misuse, sale, and trafficking of controlled substances. Ineligibility to qualify for public housing. The version of the billthat passed specifically targets the sale of fentanyl. The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. Not too long afterward, the Court will give your case an arraignment. (WLBT) - Law enforcement agencies made 17 arrests across several Mississippi counties in a long-term drug trafficking sting. Tupelo, Miss. As opposed to simple trafficking offenses, which typically carry prison sentences of between 10 and 40 years, aggravated trafficking convictions carry a . Drug trafficking usually has stricter penalties than drug possession. 2. (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. During this part of the legal process, youll now have the ability to file a motion for discovery. Her eldest son Eric died when he was 33 in 2014. But now there's a possibility that they can be charged with murder if someone overdoses. You're all set! Miss. If you break your house arrest circumstances, you will be charged with further penalties. Disclaimer: These codes may not be the most recent version. (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). It's a felony in Mississippi. If more than thirty (30) grams but less than two hundred fifty (250) grams, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($ 5,000.00), or both; 3. So, getting caught in possession of these kinds of drugs will result in harsher penalties. And the case is finally submitted. (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. The evidence that you were in possession of a controlled dangerous substance when you were arrested. (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. Also, if youre caught solely with drug paraphernalia, youll also only be charged a misdemeanor. Story ideas, tips, questions? The Mississippi Bureau of Narcotics (MBN) was created by the legislature in 1971 with the duty of being a statewide narcotics law enforcement agency. 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. Moms and dads are losing their kids every day and it's got to stop," she said. [1] [2] In Mississippi, a drug is referred to as a "controlled dangerous substance," or CDS. The arrests, conducted Friday and continuing over . (D) 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 less than three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00), or both. this Section, Chapter 29 - Poisons, Drugs and Other Controlled Substances, Article 3 - Uniform Controlled Substances Law. 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. (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. 1. These representatives work 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. For more information, please email him at pstegall@stegall-law.com or call (901) 205-9894. nor AAC receives any commission or other fee that is dependent upon which treatment provider a visitor may The MBN also conducts general and special investigations throughout the state and provides specialized training to law enforcement throughout Mississippi and surrounding states. (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). Temple University's Prescription Drug Abuse Policy System, How millions of opioid pain pills flowed to Mississippi, bringing death, Hinds County coroners are 'strung out, overworked and tired,' handling 200 deaths a month, Your California Privacy Rights / Privacy Policy. (D) If three hundred (300) or more grams or one thousand (1,000) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, 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. As deaths have surged due to synthetic opioidsin recent years in Mississippi, she hasheld Narcan training in her home. Part of the reason is drug possession charges in Mississippi are taken very seriously and almost always have strong consequence. One of the emerging problems in Mississippi is Prescription Opioid Addiction. (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. The Upper Mississippi River will rise to near record . This might be referred to as a probable cause hearing. Since then, Rodenbaugh has devoted her life to speaking with families who have lost loved ones to drug overdoses. 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. "This sentence is a victory for communities in southern Illinois and metropolitan St. Louis. (3) Any person eighteen (18) years of age or over who violates subsection (d) (2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($ 1,000.00), or both. Follow us on Instagram, Facebook and Twitter. . If more than ten (10) grams but less than twenty (20) grams, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($ 5,000.00), or both; 3. Call for a Free Consultation. Fentanyl is extremely lethal andabout 50 times more potent than heroin. AddictionBlog.org is an American Addiction Centers, Inc. subsidiary. All rights reserved. (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. This is because marijuana has recently been removed from the list of Schedule I drugs in Mississippi. Previous versions faced criticism from mental health advocates who feared it criminalized an already vulnerable population and would keep people from seeking help,resulting in further overdose deaths. (h) Sentence mitigation. (2) "Trafficking in controlled substances" as used herein means to engage in three (3) or more component offenses within any twelve (12) consecutive month period where at least two (2) of the component offenses occurred in different counties. The investigation of this drug trafficking organization and its participants spanned multiple years. "This is a war against our children.". Trafficking in a controlled substance. 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. In scenarios like that, it just precipitates more people dying.". Email her at mclark@gannett.com orfollow her on Twitter @MariaPClark1. The offense is punishable by 10 to 40 years in prison and a fine of between $500,000 and $1,000,000. Two Sentenced on Drug Trafficking Charges . Drug trafficking convictions can result in prison sentences that last over a year, and can easily result in a sentence of 10 years or more in some states. If two hundred fifty (250) or more grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both; 3. 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. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. - 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. "Trafficking in controlled substances" as used herein means to engage in three (3) or more component offenses within any twelve (12) consecutive . They bring back evidence they had shown prior. 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. These elements include: 1. (2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance. (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. The far-reaching impacts from this problem affect people of every age we encourage the citizens of this state to dispose of any unused prescription pain killers at Drop Boxes which are available in every Highway Patrol station in the state. If five hundred (500) or more grams but less than one (1) kilogram, by imprisonment for not less than five (5) years nor more than twenty (20) years or a fine of not more than Twenty Thousand Dollars ($ 20,000.00), or both. 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.)" The fallout from the alarming number of fatal overdoses linked to fentanyl and other synthetic opioids is being carried by entire communities. The charges vary by state from manslaughter to capital murder, which carries a life sentence without the possibility of parole. The Mississippi Bureau of Narcotics (MBN) was created by the legislature in 1971 with the duty of being a statewide narcotics law enforcement agency. If you have been charged with a drug . (1) Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than ten (10) years nor more than forty (40) years and shall be fined not less than Five Thousand Dollars ($ 5,000.00) nor more than One Million Dollars ($ 1,000,000.00). Trafficking: Trafficking in controlled substances means either more than 30 grams of coke in your possession or to have three or more . (3) Any person eighteen (18) years of age or over who violates subsection (d)(2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($ 1,000.00), or both. State Rep. Nick Bain said the law was crafted with input from mental health experts and providesprosecutors a tool to go after this type of crime. 41-29-115: Senate Bill 2379. Jackson, Miss. JACKSON, Miss. House Arrest Intensive Supervision Program. And oftentimes the retail-level sellers (selling small quantities) don't know what they're selling themselves," he said. You already receive all suggested Justia Opinion Summary Newsletters. He handles drug crimes of all types throughout North Mississippi, and specializes in helping first-time offenders keep a clean record. [1] However, probation is always given in lieu of a jail sentence following the 1978 decriminalization. The MBN provides investigative and enforcement services to local, county, and federal law enforcement agencies throughout the state. Youll want to talk to your lawyer about the matter. 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. Trafficking marijuana in Mississippi is a felony. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this section 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; (B) Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marihuana or synthetic cannabinoids is guilty of a misdemeanor and upon conviction may be fined not more than One Thousand Dollars ($ 1,000.00) and confined for not more than ninety (90) days in the county jail. Not sure what this means? Drug trafficking is the illegal transporting of or transacting in controlled substances. In handing down the sentence, the court noted the amount of cocaine and the harm it brings to individuals in the United States. Some options include: These specialized courts are used solely for drug offenders and their purpose is to reduce crime on the streets. 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. (g) Aggravated trafficking. However, in the state of Mississippi, very few drug possession crimes are considered a misdemeanor. CDS Schedule I are considered to be the most dangerous drugs. In order learn more about potential sentences, youll want to talk to a lawyer. In Mississippi, a drug is referred to as a controlled dangerous substance, or CDS. Officers with Mississippi Bureau of Narcotics, United States Marshals Service, Tallahatchie County Sheriff's Department, Yalobusha County Sheriff's Department, Quitman County Sheriff's Department, and Charleston Police Department assisted in the arrests. Then youll be offered a closing argument along with the prosecutor. An indictment for trafficking in controlled substances may also be returned by the State Grand Jury of Mississippi provided at least two (2) of the component offenses occurred in different circuit court districts. - 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 . 2. (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. In FY2022, U.S. Customs and Border Patrol seized nearly 18,000 pounds of fentanyl, a synthetic opioid that has resulted in drug overdoses becoming the leading cause of death for Americans, aged 18 to 45. 41-29-113:House Bill 1031, and Ms. Code Ann. "And I believe it is a crime," he said. 2017 Mississippi Code Title 41 - Public Health Chapter 29 - Poisons, Drugs and Other Controlled Substances Article 3 - Uniform Controlled Substances Law 41-29-139. The higher the schedule and the more of a drug, the higher your penalization. Maria Clark is a general assignment reporter with The American South. select a treatment provider, visit our About AAC. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers; (C) More than thirty (30) grams but less than two hundred fifty (250) grams may be fined not more than One Thousand Dollars ($ 1,000.00), or confined in the county jail for not more than one (1) year, or both; or fined not more than Three Thousand Dollars ($ 3,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or both; (D) Two hundred fifty (250) grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years and by a fine of not more than Fifty Thousand Dollars ($ 50,000.00); (E) Five hundred (500) grams but less than one (1) kilogram, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of less than Two Hundred Fifty Thousand Dollars ($ 250,000.00); (F) One (1) kilogram but less than five (5) kilograms, 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); (G) Five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($ 1,000,000.00). You already receive all suggested Justia Opinion Summary Newsletters. The law takeseffect July 1. (D) The interests of justice are not served by the imposition of the prescribed mandatory sentence. 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 . Sign up for our free summaries and get the latest delivered directly to you. 41-29-115: Senate Bill 2379. (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) If less than fifty (50) grams or less than one hundred (100) dosage units, the offense is a misdemeanor and punishable by not more than one (1) year or a fine of not more than One Thousand Dollars ($ 1,000.00), or both. I have come back to life bit by bit," Berlin said. ultimately choose. Not certain how the legal proceedings will go? The ten-year mandatory sentence shall not be reduced or suspended. Go to the statute ( Ms. Code Ann. Furthermore, the Court may ask for a pre-sentence investigation, or PSI, which would be managed by a probation officer. "Dosage unit (d.u.)" Deaths involving fentanyl climbed from 139 in 2019 to 313 in 2020, according to the Mississippi State Department of Health. 3. Drug sentencing will entirely depend on your case. There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. 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. When youre charged with a misdemeanor, your punishment is taken less seriously than that of a felony. This is usually a separate hearing in which both you and the prosecutor will be allowed to present your evidence again. Potential enrollment in drug treatment programs. Theyll also interview witnesses. In order to get a better sense, youll want to talk to your lawyer. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code, 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. Jeffrey Taylor, 40, pled guilty to conspiracy to distribute methamphetamine, distribution of cocaine . Levels of severity in the charge depend on your circumstances. - 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 . Ann. (1) Notwithstanding any provision of this section, a person who has been convicted of an offense under this section that requires the judge to impose a prison sentence which cannot be suspended or reduced and is ineligible for probation or parole may, at the discretion of the court, receive a sentence of imprisonment that is no less than twenty-five percent (25%) of the sentence prescribed by the applicable statute.