The Mississippi Bureau of Narcotics (MBN) was created by the legislature in 1971 with the duty of being a statewide narcotics law enforcement agency. During this time, a bond will be set for your release. [4]. Through this type of sentence, youll be placed on special probation where you must attend court on a regular basis. 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. Mississippi Code 41-29-139 (2017) - Justia Law drug trafficking. However, most drug possession crimes dont require much of an investigation considering the drug itself is all the evidence a police officer needs. Your case will then be brought before a grand jury. 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. (b) Punishment for transfer and possession with intent to transfer. "He said, 'Mama, I just want to make a difference in the world," she said recently. Upon arrest, youll be taken to your town or citys police headquarters. (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. Not sure what this means? A person in Jackson, Mississippi, can face several federal penalties if they are convicted of drug trafficking. This investigation will look into your background and determine whether or not the sentence is appropriate for your circumstances. 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. 2 June, 2014 In "horn lake ms paraphernalia charge . (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). 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. (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. A conviction in both cases attracts a minimum jail time of 10 years and a maximum of 40 years. (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). Sentencing by State 2 - DrugAbuse.com This is usually a separate hearing in which both you and the prosecutor will be allowed to present your evidence again. Bureau of Narcotics. 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. Trafficking marijuana in Mississippi is a felony. Maria Clark is a general assignment reporter with The American South. 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. 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. A component offense is any act which would constitute a violation of subsection (a) of this section. In the state of Mississippi, most cases of drug possession result in a felony charge. Except as provided in subsection (d)(3), a person who violates this subsection (d)(2) 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. NESHOBA COUNTY, Miss. (2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance. According to court documents, the indictments resulted from an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Highlife. Trafficker sent to prison for smuggling cocaine in tractor trailer If you break your house arrest circumstances, you will be charged with further penalties. Mississippi drug laws are highly discretionary for knowingly or intentionally selling, bartering, manufacturing, or possessing with the intent to sell. In order to do so, the State will produce all evidence to you. Mississippi River waters keep rising in Iowa and Illinois - 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 . 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. ARTICLE OVERVIEW: Been caught with drugs in the state of Mississippi? Its difficult for people with drug possession crimes to qualify for these considering Mississippis zero tolerance policy on controlled dangerous substances. (2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance. Since then, Rodenbaugh has devoted her life to speaking with families who have lost loved ones to drug overdoses. MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Barnett, Jackson (11th), . Typical punishments for a felony charge include: Often, youll find yourself facing other penalties due to your drug possession crime. (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. 17 arrested in drug trafficking sting across Mississippi - WLBT this Section, Chapter 29 - Poisons, Drugs and Other Controlled Substances, Article 3 - Uniform Controlled Substances Law. "This is a war against our children.". You're all set! Reductions in the availability of illicit controlled substances are accomplished through comprehensive statewide enforcement initiatives, which are supported by strategic planning and training as well as by working with federal, state and local law enforcement and regulatory agencies inside and outside the State. No person * * * sentenced for 63 human trafficking, as defined in Section 97-3-54.1, whose crime . 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). The provisions of this subsection shall not apply to any person who furnishes information and assistance to the bureau 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. Another name for this crime is drug distribution. Though less common, some types of federal drug trafficking convictions can result in a life sentence. (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). 2. The fallout from the alarming number of fatal overdoses linked to fentanyl and other synthetic opioids is being carried by entire communities. (C) 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 Two Hundred Fifty Thousand Dollars ($ 250,000.00), 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". (2) "Trafficking in controlled substances" as used herein means: (A) A violation of subsection (a) of this section involving thirty . After your presentation, the State will go again against you. "It does nothing to decrease the number of people who use. Prior convictions shall not be used as component offenses to establish the charge of trafficking in controlled substances. 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.". 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. means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. 41-29-115: Senate Bill 2379. In Mississippi, a drug is referred to as a controlled dangerous substance, or CDS. American Addiction Centers (AAC). 41-29-113 [3]. 33 individuals arrested in Mississippi narcotics investigation 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. Contact us by phone at (901) 205-9894 or online. Fentanyl is extremely lethal andabout 50 times more potent than heroin. 2023 www.clarionledger.com. 3. (f) Except as otherwise authorized in this article, any person twenty-one (21) years of age or older who knowingly sells, barters, transfers, manufactures, distributes or dispenses during any twelve (12) consecutive month period: (i) ten (10) pounds or more of marihuana or synthetic cannabinoids; (ii) two (2) ounces or more of heroin; (iii) two (2) or more ounces of cocaine or of any mixture containing cocaine as described in Section 41-29-105(s), Mississippi Code of 1972; (iv) two (2) or more ounces of methamphetamine; or (v) one hundred (100) or more dosage units of morphine, Demerol, Dilaudid, oxycodone hydrochloride or a derivative thereof, or 3,4-methylenedioxymethamphetamine (MDMA) shall be guilty of a felony and, upon conviction thereof, shall be sentenced to life imprisonment and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding. 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. 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 . The murder conviction, however, was overturned in 2018 by the state court of appeals, which found there was insufficient evidence to support the charge. A trial usually begins with an opening statement by the prosecutor and attorney defending you. If you arent able to pay the bond, then youll be entitled to a preliminary hearing.