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Being charged with a drug crime can be devastating. In addition to carrying stiff sentences, drug crimes can involve huge fines, often in the thousands of dollars. We have represented hundreds of clients charged with drug offenses and can help you through this difficult time. The following is a summary of some of the most commonly charged drug crimes.

Mississippi Possession of a Controlled Substance

Under Mississippi law, it is illegal for any person to knowingly or intentionally possess or attempt to obtain possession of a controlled substance. The substances are defined by Mississippi Code §41-29-113, §41-29-115, §41-29-117, §41-29-119, §41-29-121. It is also illegal to sell, deliver, transfer a controlled substance, or possess, sell, deliver, or transfer a false, fraudulent or forged prescription of a practitioner. The penalty for drug possession on conviction depends on the quantity and type of drug you were found in possession of:

(1) For controlled substances classified in Schedule I or II, §41-29-113, §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.

(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.

(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.

See the penalties for Schedules III, IV, and V, §41-29-139(b).

Mississippi “Simple Possession” of Marijuana

Mississippi Code §41-29-139, possession of less than 30 grams of marijuana is punished as follows:

•  The first conviction earns a fine of between $100-250;

• A second conviction within two years earns a fine of $250 and between 5-60 days in the county jail in addition to mandatory participation in a drug education program; and

• A third or subsequent conviction within two years earns a $250-500 fine and between 5 days and 6 months in the county jail.

Possession of larger amounts is punished with harsher penalties:

• 30-250 grams earns up to a $3,000 fine and up to 3 years incarceration;

• 250-500 grams earns up to a $50,000 fine and 2-8 years incarceration;

• 500 grams to 1 kilogram earns up to a $250,000 fine and 4-16 years incarceration;

• 1-5 kilograms earns a up to a $500,000 fine and 6-24 years incarceration; and

• More than 5 kilograms earns up to a $1,000,000 fine and 10-30 years incarceration.

A conviction for the sale, trade, or distribution of marijuana of less than 30 grams earns a maximum $3,000 fine and up to 3 years in prison. If the amount is between 30 grams and 1 kilogram it can earn a fine up to $30,000 and up to 20 years in prison. Larger amounts can earn a fine of $5,000-1,000,000 and up to 30 years in prison. The sale, trade, distribution of more than ten pounds in one by a person over age 21 earns a mandatory life-sentence without possibility of reduction, probation, or parole. Mississippi also punishes for “trafficking in a controlled substance,” which means when a person commits 3 offenses within 1 year in at least 2 different counties. Trafficking is punished by up to thirty years in prison.