In Mississippi it is a crime to sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance. This law is found in the Mississippi Code, Title 41, Chapter 29, Section 139. Controlled substance essentially means any illegal drugs or drugs without a prescription. This can include marijuana, cocaine, methamphetamine, and common prescription drugs.
The punishment for violation of this law is going to depend on the type of drug and the amount possessed. For instance, many people charged with marijuana possession want to know what will happen if they are convicted. Generally, simple marijuana possession is classified as 30 grams or less in Mississippi. See Mississippi Code Section 41-29-139(c)(2). 30 grams is just over one ounce. First-time offenders may face a fine of up to $250, as well as court-ordered drug treatment programs. The most serious consequence, though, is the possibility of having a permanent conviction on his or her record. A Mississippi drug possession lawyer can insure that this does not happen and that the case is expunged from the offender's background.
More serious consequences may result if the marijuana possession occurred inside a car. For possession of 30 grams or less within the area of the vehicle normally occupied by the driver or passengers, the punishment can be up to a $1000 fine and 90 days in jail. However, first-time offenders will have options to avoid going to jail and ending up with a permanent conviction.
Possession of more than 30 grams of marijuana carries greater penalties depending on the amount. For instance, more than 30 but less than 250 grams is punishable up to three years in the penetentiary. This is an extremely serious penalty for someone with no prior record, and it reflects the state's view that drug offenders should be punished fully. If you are a first-time offender who is facing a felony marijuana possession charge, you should contact a Mississippi criminal defense attorney in your area right away.
Drugs such as cocaine, heroin, LSD, and methamphetamine carry equally stiff penalties. Like with marijuana, these are classified in Title 41 of the Mississippi Code. Possession of less than 1/10 of a gram may be charged as either a misdemeanor or a felony, depending on the facts, with prison time of up to four years. Possession of between 1/10 of a gram and two grams is punishable from 2-8 years and a maximum fine of $50,000. As you can see the greater weight, the greater the potential punishment. Possession of an ounce or more of any of these types of drugs is punishable up to 30 years.
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