The Mississippi-based drug trafficking organization is charged with distributing more than 40 kilograms of methamphetamine, more than 3 kilograms of cocaine and over 100 pounds of marijuana illegally smuggled into the U.S. from . 3. Trafficking: Trafficking in controlled substances means either more than 30 grams of coke in your possession or to have three or more . Part of the reason is drug possession charges in Mississippi are taken very seriously and almost always have strong consequence. "Dosage unit (d.u.)" O'Kellywas later resentenced on drug trafficking charges and remains in state custody. Bureau of Narcotics. 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. "Trafficking in controlled substances" as used herein means to engage in three (3) or more component offenses within any twelve (12) consecutive . You already receive all suggested Justia Opinion Summary Newsletters. In handing down the sentence, the court noted the amount of cocaine and the harm it brings to individuals in the United States. 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. During this time, youll be told your official charges and given the opportunity to inquire as to whether or not you need an attorney. If you are facing drug trafficking charges in North Mississippi, schedule a free initial consultation with my office today. From there, the judge will tell the jury of all the laws applicable to your case. 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. "This is a war against our children.". Still, if youre looking to reduce jail time and other punishments, its in your best interest to take a look at these. Through this, the court system will decide whether or not enough probable causes exists to convict you of a crime. [1] [2]. For more information on AACs commitment to ethical marketing and treatment practices, or to learn more about how to 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. Story ideas, tips, questions? (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. There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. (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. (D) The interests of justice are not served by the imposition of the prescribed mandatory sentence. Sign up for The American South newsletter. KNOWLEDGE. They bring back evidence they had shown prior. Mississippi drug laws are highly discretionary for knowingly or intentionally selling, bartering, manufacturing, or possessing with the intent to sell. . If you enter as a guilty plea, you might be offered non-adjudicated probation. 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. 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. James N. Long, 28, of Burton Lane, Baldwyn, was arrested and charged with trafficking marijuana enhanced by a firearm. Drug trafficking comprised more than two-thirds of offenses that mandated a minimum penalty. 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. 41-29-113:House Bill 1031, and Ms. Code Ann. Learn more about AAC. We welcome any information regarding possible drug trafficking or illegal drug sales so the MBN can appropriately direct our assets to make Mississippi a safer place to raise our families. The evidence that you were in possession of a controlled dangerous substance when you were arrested. Penalties for holding controlled substances depends on the amount you have on you. (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. 41-29-115: Senate Bill 2379. The ten-year mandatory sentence shall not be reduced or suspended. MBN has the responsibility of providing the citizens of Mississippi a front line defense against the abuse, misuse, sale, and trafficking of controlled substances. 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. (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). (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. The length of investigations varies depending on the circumstance of the crime. 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. In order to get a real sense of which alternative sentences you apply for, youll want to talk the matter over with your lawyer. 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. (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. This article reviews Mississippis laws about drug possession. 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. 2023 www.clarionledger.com. Jeffrey Taylor, 40, pled guilty to conspiracy to distribute methamphetamine, distribution of cocaine . 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. An Executive Director appointed by the Commissioner of the Department of Public Safety heads the Mississippi Bureau of Narcotics. Please check official sources. All rights reserved. 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. Anthony Anderson, 42, and Kenyarder Bell, 40, were sentenced in U.S. District Court on Thursday, October 14, 2021. . A city worker inspects the HESCO sand barriers along River Drive between Iowa and Perry Streets, Friday, April 28, 2023, in Davenport, Iowa. "When you pass these types of laws, it creates increased fear among the drug-using population to call for help, " she said. (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. 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. 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. 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. She had a video call with him only two hours before his death. The state of Mississippi decides on these crimes on a case to case basis. Janice Berlin, of Madison, Mississippi, is learning how to live again after mourning the loss of two sons to drug overdoses. But now there's a possibility that they can be charged with murder if someone overdoses. And oftentimes the retail-level sellers (selling small quantities) don't know what they're selling themselves," he said. You may want to make a deal with the State and resolve the case before having to go to trial. Theyll also interview witnesses. We talk about the legal process, penalties, and what you can do when youre caught with controlled substances in your possession. If police are suspicious of a crime, theyll collect all the evidence they can on the crime scene. Ineligibility to obtain certain employment. It's a felony in Mississippi. 2013 Mississippi Code Title 41 - PUBLIC HEALTH Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW 41-29-139 - Prohibited acts; penalties. 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. The fines associated with a drug trafficking conviction can be substantial. (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. 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. 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. Ineligibility to receive a state license or certification. (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. 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 . 2. 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. Fines. A trial usually begins with an opening statement by the prosecutor and attorney defending you. 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. After your presentation, the State will go again against you. (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. Bailey Martin - 601-987-1218BMartin@dps.ms.gov. However, most drug possession crimes dont require much of an investigation considering the drug itself is all the evidence a police officer needs. In the case of lysergic acid diethylamide (LSD) the term, "dosage unit" means a stamp, square, dot, microdot, tablet or capsule of a controlled substance. 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. In order to get a better sense, youll want to talk to your lawyer. People are still going to use a substance they're dependent upon. U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation in Mississippi. The Upper Mississippi River will rise to near record . The version of the billthat passed specifically targets the sale of fentanyl. Put into perspective, this amount equates to about 15 to 20 granulates of salt. (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. However, in the state of Mississippi, very few drug possession crimes are considered a misdemeanor. If you have more information to share pertaining to these laws or advice about Mississippis legal system, wed also love to hear from you. . For those seeking addiction treatment for themselves or a loved one, the Addictionblog.org helpline is a private and This investigation will look into your background and determine whether or not the sentence is appropriate for your circumstances. 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. [6] The idea is drug abusers will benefit more from rehabilitation rather than traditional punishments. If you break your house arrest circumstances, you will be charged with further penalties. It should be noted, rules for pre-trial diversion vary from court to court. Sign up for our free summaries and get the latest delivered directly to you. One of the emerging problems in Mississippi is Prescription Opioid Addiction. (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 less than five (5) years nor more than thirty (30) years or a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00), or both. and find the substance you're charged with possessing -- it will be listed under one of the five classes. The murder conviction, however, was overturned in 2018 by the state court of appeals, which found there was insufficient evidence to support the charge. There were more than 100,000 overdose deaths in the U.S. during 2020 and 586were Mississippians, according to CDC data. A trial will paint a picture of the circumstances and, in turn, the idea is that you will be penalized accordingly. The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended. 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. You're all set! There are many plea negotiations the state of Mississippi has to offer (see below). Then youll be offered a closing argument along with the prosecutor. 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. (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. Youll receive counseling, incentives, and must make consistent court appearances. solely for AAC and will discuss whether an AAC facility may be an option for you. The person who sold him the synthetic LSD, Skylar O'Kelly, was convicted of drug trafficking and second-degree murder and sentenced totwo concurrent 10yearssentences in 2016. (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. (WJTV) - In a joint effort, the Mississippi Bureau of Narcotics (MBN) and law enforcement agencies arrested 27 people Friday responsible for the distribution of drugs in Marijuana trafficking laws in Mississippi define trafficking as distributing one kilogram or more of marijuana. 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. [4]. Trafficking in a controlled substance. "I am not alone in this. 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. We review laws, penalties, and basics for alternate sentencing like drug court and voluntary rehab. 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. 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 . ARTICLE OVERVIEW: Been caught with drugs in the state of Mississippi? In addition, the courts may require fines not exceeding $1,000,000.00 but not below $5,000.00, depending on the severity of the case. (D) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00), or both. 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. As mentioned earlier, Mississippi considers the schedule of the drug and how much of it was in your possession in order to determine your sentence. But much of herfocus centers on lobbying for tougher laws to hold drug distributors accountableforoverdose deaths. The law takeseffect July 1. Under federal law, Title 21, Section 841 makes it unlawful for any person to knowingly or intentionally "manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.". Levels of severity in the charge depend on your circumstances. . 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. (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. Upon arrest, youll be taken to your town or citys police headquarters. 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 jury will come to its decision and you will receive . (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). 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. Drug trafficking is the possession or otherwise transportation of illegal substances with the intent to distribute them. If you successfully complete your drug treatment, then your charges will be dropped. [1] However, probation is always given in lieu of a jail sentence following the 1978 decriminalization. Prior convictions shall not be used as component offenses to establish the charge of trafficking in controlled substances. 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. and local law enforcement agencies against . Get free summaries of new opinions delivered to your inbox! ultimately choose. 1. The investigation of this drug trafficking organization and its participants spanned multiple years. 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. You can explore additional available newsletters here. 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. 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 $250 fine. Her other son Devin was 24 when he died in 2017at home from fentanyl poisoning after taking what he thought was Percocet. If two hundred fifty (250) or more grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both; 3. This is because marijuana has recently been removed from the list of Schedule I drugs in Mississippi. 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. Calls to any general helpline (non-facility specific 1-8XX numbers) for your visit will be answered by 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. Ineligibility to qualify for public housing. 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. prompted more states to consider laws that would hold drug distributors accountable. (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.