(h) Sentence mitigation. 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. Call the office of Patrick Stegall, Attorney and Counselor, for representation that is focused on providing personalized and effective criminal defense. Multiple Individuals Indicted Federally in Major Drug Trafficking (2) "Trafficking in controlled substances" as used herein means: (A) A violation of subsection (a) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids; (B) A violation of subsection (a) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance; (C) A violation of subsection (c) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids; (D) A violation of subsection (c) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance; or. (3) The charge of trafficking in controlled substances shall be set forth in one (1) count of an indictment with each of the component offenses alleged therein and it may be charged and tried in any county where a component offense occurred. From there, youll immediately be placed before a judge to make an initial appearance. Jackson, Miss. 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. Our helpline is offered at no cost to you and with no obligation to enter into treatment. 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. For those seeking addiction treatment for themselves or a loved one, the Addictionblog.org helpline is a private and Any person who violates this subsection (d)(1) 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 thirty (30) grams or less of marijuana under subsection (c)(2)(A) of this section. Potential enrollment in drug treatment programs. 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. In Mississippi, a drug is referred to as a controlled dangerous substance, or CDS. . (The Center Square) - President Joe Biden issued an executive order authorizing active-duty armed forces reservists to be called up to address "international drug trafficking" at the southern border. select a treatment provider, visit our About AAC. However, most drug possession crimes dont require much of an investigation considering the drug itself is all the evidence a police officer needs. Arrest, Initial Appearance, and Bond Setting. Not sure what this means? drug trafficking | Wex | US Law | LII / Legal Information Institute JACKSON, Miss. 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 marijuana or not more than ten (10) grams of synthetic cannabinoids is guilty of a misdemeanor and, upon conviction, may be fined not more than One Thousand Dollars ($ 1,000.00) or confined for not more than ninety (90) days in the county jail, or both. (D) The interests of justice are not served by the imposition of the prescribed mandatory sentence. Call for a Free Consultation. Two Sentenced on Drug Trafficking Charges | USAO-SDMS | Department of and find the substance you're charged with possessing -- it will be listed under one of the five classes. In order to get a real sense of which lawyers in Mississippi are best for your case, you should check out the Mississippi Bar Association and their member directory. The Mississippi Bureau of Narcotics (MBN) was created by the legislature in 1971 with the duty of being a statewide narcotics law enforcement agency. The arrests, conducted Friday and continuing over . A city worker inspects the HESCO sand barriers along River Drive between Iowa and Perry Streets, Friday, April 28, 2023, in Davenport, Iowa. [1] [2]. (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. (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). If more than ten (10) grams but less than twenty (20) 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. Specific Laws and Schedules. (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. 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. Metro East drug trafficking leader sentenced to 198 months in prison (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. Section 32E: Trafficking in marihuana, cocaine, heroin, synthetic opioids, morphine, opium, etc. Hyde-smith Targets Drug, Human Trafficking Spurred by Biden'S Border (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. All rights reserved. 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 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. O'Kellywas later resentenced on drug trafficking charges and remains in state custody. (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). (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. 2023 www.clarionledger.com. Section 32E. Youll receive counseling, incentives, and must make consistent court appearances. Go to the statute ( Ms. Code Ann. The Upper Mississippi River will rise to near record . 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 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. PDF Mississippi - State Drug Laws 01.06 - Concorde Rehabilitation often includes supervised drug testing and treatment services. Prohibited acts; penalties. 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. 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. During this time, you will not be able to defend yourself. Sale Mississippi drug laws are highly discretionary for knowingly or intentionally selling, bartering, manufacturing, or possessing with the intent to sell. Drug trafficking comprised more than two-thirds of offenses that mandated a minimum penalty. JACKSON, Miss. Typical misdemeanor penalties include: What might be considered misdemeanor drug possession in Mississippi? A person in Jackson, Mississippi, can face several federal penalties if they are convicted of drug trafficking. 2. Then the State will provide you with one as long as you qualify. 159 (* * *3) Notwithstanding any other provision of law, an 160 inmate shall not be eligible to receive earned time, good time or Other penalties for possession of a controlled dangerous substance include: In Mississippi, you do have the opportunity to face alternative sentences [5]. (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). 41-29-113 [3]. (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). The jury will come to its decision and you will receive . 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. You may want to make a deal with the State and resolve the case before having to go to trial. 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. "Dosage unit (d.u.)" Human trafficking. You must be screened and approved in order to qualify. (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. In order learn more about potential sentences, youll want to talk to a lawyer. Patrick Stegall is a Southaven felony drug possession lawyer . . (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. (b) Punishment for transfer and possession with intent to transfer. From there, the State will present its case by calling witnesses and introducing the evidence taken against you. When it came to sentencing for drug trafficking convictions, Mississippi had the harshest penalties, with an average of 121 months handed down. means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. You will also be monitored and aided in finding work. 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. A first offense for possession of 30 grams or less is punishable by a fine of $100-$250. Any student or employee failing to observe the drug and alcohol policy will be subject to sanctions by the University in accordance with established disciplinary procedures. However, due to the fact that penalties vary from case to case, a lawyer will be able to figure out the best possible solution for YOU. The law takeseffect July 1. Mississippi drug trafficking law overview Federal law and Mississippi state law. The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended. Therefore, a drug possession charge is taken very seriously. "I am not alone in this. (4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. (B) One-tenth (0.1) gram but less than two (2) grams or two (2) dosage units but less than ten (10) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($ 50,000.00). Theyll also interview witnesses. 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. "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. Bureau of Narcotics. Trafficking: Trafficking in controlled substances means either more than 30 grams of coke in your possession or to have three or more . If two hundred fifty (250) or more grams but less than five hundred (500) 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. (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. Mississippi Laws and Penalties - NORML 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. In handing down the sentence, the court noted the amount of cocaine and the harm it brings to individuals in the United States. 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. With any other drug possession crime, youll be charged with a felony. The version of the billthat passed specifically targets the sale of fentanyl. 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. 41-29-115: Senate Bill 2379. 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). This might be referred to as a probable cause hearing. Marijuana trafficking and drug trafficking laws are strict and attract similar penalties. Drug Trafficking Laws and Penalties | CriminalDefenseLawyer.com Mississippi may have more current or accurate information. Email her at mclark@gannett.com orfollow her on Twitter @MariaPClark1. Trafficking marijuana in Mississippi is a felony. 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. 1. 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. this Section, Chapter 29 - Poisons, Drugs and Other Controlled Substances, Article 3 - Uniform Controlled Substances Law. (B) If fifty (50) or more grams or one hundred (100) or more dosage units, but less than one hundred fifty (150) grams or five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years or a fine of not more than Ten Thousand Dollars ($ 10,000.00), or both. 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. 17 arrested in drug trafficking sting across Mississippi - WLBT [1] However, probation is always given in lieu of a jail sentence following the 1978 decriminalization. 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. 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). If youre found guilty of a drug possession crime in the State of Mississippi, then youll receive a sentence. However, if you complete it all successfully, youll be discharged. These The rules of criminal procedure in cases of drug possession are as follows. nor AAC receives any commission or other fee that is dependent upon which treatment provider a visitor may Disclaimer: These codes may not be the most recent version. Call American Addiction Centers to find help with rehab. Mississippi Marijuana Trafficking Laws | MississippiStateCannabis.org According to court documents, the indictments resulted from an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Highlife. 41-29-115: Senate Bill 2379. CDS Schedule I are considered to be the most dangerous drugs. Tupelo, Miss. 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. 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. 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. 3. (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). Fentanyl is extremely lethal andabout 50 times more potent than heroin. 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. Trafficking in a controlled substance. 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. (c) 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. 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. "Losing him totally devasted our lives. Mississippi's opioid epidemic:2 families share their stories of loss from overdoses, Opinion:To reduce drug addiction, we have to thoughtfully face it. Monroe woman accused of sex trafficking a 15-year-old girl; arrested Sign up for our free summaries and get the latest delivered directly to you. Code 41-29-139 Web Search. In Mississippi, possession charges are put into one of two categories. LEGALITY. Janice Berlin, of Madison, Mississippi, is learning how to live again after mourning the loss of two sons to drug overdoses. 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. 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. He did so ahead of the public health authority Title 42 ending in less than two weeks, on May . (E) Thirty (30) grams or more or forty (40) dosage units 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). 601-208-0137. Like much of the south, Mississippi has zero tolerance when it comes to their drug possession laws. For students, sanctions may include suspension . Upon arrest, youll be taken to your town or citys police headquarters. 2. 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). (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 . Trafficking. The MBN provides investigative and enforcement services to local, county, and federal law enforcement agencies throughout the state. Mississippi drug laws are highly discretionary for knowingly or intentionally selling, bartering, manufacturing, or possessing with the intent to sell. "When you pass these types of laws, it creates increased fear among the drug-using population to call for help, " she said. In addition, the court may impose fines between $5,000 and $1,000,000. Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($ 1,000.00), or both. The Mississippi Bureau of Narcotics (MBN) provides for the publics safety by reducing the availability of illicit controlled substances. The drug trafficking organization was comprised of defendants from California, Georgia, Illinois and Mississippi and was responsible for distributing methamphetamine and marijuana in the Northern District of Mississippi and elsewhere. The mission of the Drug Enforcement Administration (DEA) is to ensure the safety and health of American communities by combating criminal drug networks bringing harm, violence, overdoses, and poisonings to the United States. Like other states, Mississippi classifies each drug according to a schedule. "And I believe it is a crime," he said. Save a life:What to know about drug treatment, Mississippi's Good Samaritan Law and Narcan, Two Mississippians gone too soon:Families speak about losing their sons to opioid overdoses. For MBN Press Inquiries: 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. The MBN Administrative Division, through civilian personnel, provide support services that ensure the agency is in compliance with departmental, state and federal regulations.