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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 1136

AN ACT TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE PRACTICE OF MEDICINE INCLUDES THE PRACTICE OF 2
OBESITY MEDICINE; TO DEFINE OBESITY MEDICINE; TO AMEND SECTION 3
73-25-34, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF 4
TELEMEDICINE TO INCLUDE THE PRACTICE OF MEDICINE BY A LICENSED 5
PHYSICIAN AT A DISTANT SITE TO A PATIENT LOCATED AT AN ORIGINATING 6
SITE USING HIPAA-COMPLIANT TELECOMMUNICATION SYSTEMS; TO AMEND 7
SECTION 41-29-139, MISSISSIPPI CODE OF 1972, TO AUTHORIZE 8
PHYSICIANS PRACTICING OBESITY MEDICINE TO PRESCRIBE LEGEND DRUGS, 9
INCLUDING GLP-1 THERAPEUTICS, TO A PATIENT VIA TELEMEDICINE, 10
SUBJECT TO THE CERTAIN CONDITIONS; TO DIRECT THE STATE BOARD OF 11
MEDICAL LICENSURE TO ADOPT RULES AS NECESSARY TO IMPLEMENT THE 12
PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 73-25-33, Mississippi Code of 1972, is 15
amended as follows: 16
73-25-33. (1) The practice of medicine shall mean to 17
suggest, recommend, prescribe, or direct for the use of any 18
person, any drug, medicine, appliance, or other agency, whether 19
material or not material, for the cure, relief, or palliation of 20
any ailment or disease of the mind or body, or for the cure or 21
relief of any wound or fracture or other bodily injury or 22
deformity, or the practice of obstetrics or midwifery, or the 23
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practice of obesity medicine, after having received, or with the 24
intent of receiving therefor, either directly or indirectly, any 25
bonus, gift, profit or compensation; provided, that nothing in 26
this section shall apply to females engaged solely in the practice 27
of midwifery. 28
(2) The practice of medicine shall not mean to provide 29
gender transition procedures for any person under eighteen (18) 30
years of age; or 31
(3) For purposes of this section, "gender transition 32
procedures" means the same as defined in Section 41-141-3. 33
(4) For purposes of this section, "obesity medicine" means 34
the field of medicine dedicated to the comprehensive care of 35
patients with obesity, including the prescription of medication, 36
whether FDA-approved or lawfully compounded pursuant to state and 37
federal pharmacy laws, for the treatment of obesity and related 38
metabolic conditions, and delivered by a physician acting within 39
the scope of applicable state laws and his or her professional 40
license, and who is certified in obesity medicine by the American 41
Board of Obesity Medicine or an equivalent certifying body 42
recognized by the State Board of Medical Licensure. 43
SECTION 2. Section 73-25-34, Mississippi Code of 1972, is 44
amended as follows: 45
73-25-34. (1) For the purposes of this section, 46
telemedicine, or the practice of medicine across state lines, 47
shall be defined to include any one * * *of the following: 48
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(a) Rendering of a medical opinion concerning diagnosis 49
or treatment of a patient within this state by a physician located 50
outside this state as a result of transmission of individual 51
patient data by electronic or other means from within this state 52
to such physician or his agent; * * * 53
(b) The rendering of treatment to a patient within this 54
state by a physician located outside this state as a result of 55
transmission of individual patient data by electronic or other 56
means from within this state to such physician or his agent * * *; 57
or 58
(c) The practice of medicine by a licensed physician at 59
a distant site to a patient located at an originating site, using 60
HIPAA-compliant telecommunication systems, including synchronous 61
or asynchronous electronic and communication technologies, remote 62
monitoring technologies and store-and-forward transfer technology. 63
(2) For the purposes of this section, the following terms 64
shall have the meanings as provided in this subsection: 65
(a) "Synchronous" means the real-time exchange of 66
medical information or provision of care between a patient and a 67
physician via audio/visual technologies, audio only technologies, 68
or other means. 69
(b) "Asynchronous" means the electronic exchange of 70
health care documents, images, and information that does not occur 71
in real time, including, but not limited to, the collection and 72
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transmission of medical records, clinical data, or laboratory 73
results. 74
(c) "Distant site" means the physical location of the 75
physician at the time in which telemedicine services are provided, 76
either within or outside this state. 77
(d) "Originating site" means the location of the 78
patient in this state at the time the telemedicine service is 79
furnished or when asynchronous transfer occurs. 80
(2) Except as hereinafter provided, no person shall engage 81
in the practice of medicine across state lines (telemedicine) in 82
this state, hold himself out as qualified to do the same, or use 83
any title, word or abbreviation to indicate to or induce others to 84
believe that he is duly licensed to practice medicine across state 85
lines in this state unless he has first obtained a license to do 86
so from the State Board of Medical Licensure and has met all 87
educational and licensure requirements as determined by the State 88
Board of Medical Licensure. 89
(3) The requirement of licensure as set forth in subsection 90
(2) above shall not be required where the evaluation, treatment 91
and/or the medical opinion to be rendered by a physician outside 92
this state (a) is requested by a physician duly licensed to 93
practice medicine in this state, and (b) the physician who has 94
requested such evaluation, treatment and/or medical opinion has 95
already established a doctor/patient relationship with the patient 96
to be evaluated and/or treated. 97
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SECTION 3. Section 41-29-139, Mississippi Code of 1972, is 98
amended as follows: 99
41-29-139. (a) Transfer and possession with intent to 100
transfer. Except as authorized by this article, it is unlawful 101
for any person knowingly or intentionally: 102
(1) To sell, barter, transfer, manufacture, distribute, 103
dispense or possess with intent to sell, barter, transfer, 104
manufacture, distribute or dispense, a controlled substance; or 105
(2) To create, sell, barter, transfer, distribute, 106
dispense or possess with intent to create, sell, barter, transfer, 107
distribute or dispense, a counterfeit substance. 108
(b) Punishment for transfer and possession with intent to 109
transfer. Except as otherwise provided in Section 41-29-142, any 110
person who violates subsection (a) of this section shall be, if 111
convicted, sentenced as follows: 112
(1) For controlled substances classified in Schedule I 113
or II, as set out in Sections 41-29-113 and 41-29-115, other than 114
marijuana or synthetic cannabinoids: 115
(A) If less than two (2) grams or ten (10) dosage 116
units, by imprisonment for not more than eight (8) years or a fine 117
of not more than Fifty Thousand Dollars ($50,000.00), or both. 118
(B) If two (2) or more grams or ten (10) or more 119
dosage units, but less than ten (10) grams or twenty (20) dosage 120
units, by imprisonment for not less than three (3) years nor more 121
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than twenty (20) years or a fine of not more than Two Hundred 122
Fifty Thousand Dollars ($250,000.00), or both. 123
(C) If ten (10) or more grams or twenty (20) or 124
more dosage units, but less than thirty (30) grams or forty (40) 125
dosage units, by imprisonment for not less than five (5) years nor 126
more than thirty (30) years or a fine of not more than Five 127
Hundred Thousand Dollars ($500,000.00), or both. 128
(2) (A) For marijuana: 129
1. If thirty (30) grams or less, by 130
imprisonment for not more than three (3) years or a fine of not 131
more than Three Thousand Dollars ($3,000.00), or both; 132
2. If more than thirty (30) grams but less 133
than two hundred fifty (250) grams, by imprisonment for not more 134
than five (5) years or a fine of not more than Five Thousand 135
Dollars ($5,000.00), or both; 136
3. If two hundred fifty (250) or more grams 137
but less than five hundred (500) grams, by imprisonment for not 138
less than three (3) years nor more than ten (10) years or a fine 139
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 140
4. If five hundred (500) or more grams but 141
less than one (1) kilogram, by imprisonment for not less than five 142
(5) years nor more than twenty (20) years or a fine of not more 143
than Twenty Thousand Dollars ($20,000.00), or both. 144
(B) For synthetic cannabinoids: 145
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1. If ten (10) grams or less, by imprisonment 146
for not more than three (3) years or a fine of not more than Three 147
Thousand Dollars ($3,000.00), or both; 148
2. If more than ten (10) grams but less than 149
twenty (20) grams, by imprisonment for not more than five (5) 150
years or a fine of not more than Five Thousand Dollars 151
($5,000.00), or both; 152
3. If twenty (20) or more grams but less than 153
forty (40) grams, by imprisonment for not less than three (3) 154
years nor more than ten (10) years or a fine of not more than 155
Fifteen Thousand Dollars ($15,000.00), or both; 156
4. If forty (40) or more grams but less than 157
two hundred (200) grams, by imprisonment for not less than five 158
(5) years nor more than twenty (20) years or a fine of not more 159
than Twenty Thousand Dollars ($20,000.00), or both. 160
(3) For controlled substances classified in Schedules 161
III and IV, as set out in Sections 41-29-117 and 41-29-119: 162
(A) If less than two (2) grams or ten (10) dosage 163
units, by imprisonment for not more than five (5) years or a fine 164
of not more than Five Thousand Dollars ($5,000.00), or both; 165
(B) If two (2) or more grams or ten (10) or more 166
dosage units, but less than ten (10) grams or twenty (20) dosage 167
units, by imprisonment for not more than eight (8) years or a fine 168
of not more than Fifty Thousand Dollars ($50,000.00), or both; 169
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(C) If ten (10) or more grams or twenty (20) or 170
more dosage units, but less than thirty (30) grams or forty (40) 171
dosage units, by imprisonment for not more than fifteen (15) years 172
or a fine of not more than One Hundred Thousand Dollars 173
($100,000.00), or both; 174
(D) If thirty (30) or more grams or forty (40) or 175
more dosage units, but less than five hundred (500) grams or two 176
thousand five hundred (2,500) dosage units, by imprisonment for 177
not more than twenty (20) years or a fine of not more than Two 178
Hundred Fifty Thousand Dollars ($250,000.00), or both. 179
(4) For controlled substances classified in Schedule V, 180
as set out in Section 41-29-121: 181
(A) If less than two (2) grams or ten (10) dosage 182
units, by imprisonment for not more than one (1) year or a fine of 183
not more than Five Thousand Dollars ($5,000.00), or both; 184
(B) If two (2) or more grams or ten (10) or more 185
dosage units, but less than ten (10) grams or twenty (20) dosage 186
units, by imprisonment for not more than five (5) years or a fine 187
of not more than Ten Thousand Dollars ($10,000.00), or both; 188
(C) If ten (10) or more grams or twenty (20) or 189
more dosage units, but less than thirty (30) grams or forty (40) 190
dosage units, by imprisonment for not more than ten (10) years or 191
a fine of not more than Twenty Thousand Dollars ($20,000.00), or 192
both; 193
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(D) For thirty (30) or more grams or forty (40) or 194
more dosage units, but less than five hundred (500) grams or two 195
thousand five hundred (2,500) dosage units, by imprisonment for 196
not more than fifteen (15) years or a fine of not more than Fifty 197
Thousand Dollars ($50,000.00), or both. 198
(c) Simple possession. Except as otherwise provided under 199
subsection (i) of this section for actions that are lawful under 200
the Mississippi Medical Cannabis Act and in compliance with rules 201
and regulations adopted thereunder, it is unlawful for any person 202
knowingly or intentionally to possess any controlled substance 203
unless the substance was obtained directly from, or pursuant to, a 204
valid prescription or order of a practitioner while acting in the 205
course of his professional practice, or except as otherwise 206
authorized by this article. The penalties for any violation of 207
this subsection (c) with respect to a controlled substance 208
classified in Schedules I, II, III, IV or V, as set out in Section 209
41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including 210
marijuana or synthetic cannabinoids, shall be based on dosage unit 211
as defined herein or the weight of the controlled substance as set 212
forth herein as appropriate: 213
"Dosage unit (d.u.)" means a tablet or capsule, or in the 214
case of a liquid solution, one (1) milliliter. In the case of 215
lysergic acid diethylamide (LSD) the term, "dosage unit" means a 216
stamp, square, dot, microdot, tablet or capsule of a controlled 217
substance. 218
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For any controlled substance that does not fall within the 219
definition of the term "dosage unit," the penalties shall be based 220
upon the weight of the controlled substance. 221
The weight set forth refers to the entire weight of any 222
mixture or substance containing a detectable amount of the 223
controlled substance. 224
If a mixture or substance contains more than one (1) 225
controlled substance, the weight of the mixture or substance is 226
assigned to the controlled substance that results in the greater 227
punishment. 228
A person shall be charged and sentenced as follows for a 229
violation of this subsection with respect to: 230
(1) A controlled substance classified in Schedule I or 231
II, except marijuana and synthetic cannabinoids: 232
(A) If less than one-tenth (0.1) gram or two (2) 233
dosage units, the violation is a misdemeanor and punishable by 234
imprisonment for not more than one (1) year or a fine of not more 235
than One Thousand Dollars ($1,000.00), or both. 236
(B) If one-tenth (0.1) gram or more or two (2) or 237
more dosage units, but less than two (2) grams or ten (10) dosage 238
units, by imprisonment for not more than three (3) years or a fine 239
of not more than Fifty Thousand Dollars ($50,000.00), or both. 240
(C) If two (2) or more grams or ten (10) or more 241
dosage units, but less than ten (10) grams or twenty (20) dosage 242
units, by imprisonment for not more than eight (8) years or a fine 243
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of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 244
or both. 245
(D) If ten (10) or more grams or twenty (20) or 246
more dosage units, but less than thirty (30) grams or forty (40) 247
dosage units, by imprisonment for not less than three (3) years 248
nor more than twenty (20) years or a fine of not more than Five 249
Hundred Thousand Dollars ($500,000.00), or both. 250
(2) (A) Marijuana and synthetic cannabinoids: 251
1. If thirty (30) grams or less of marijuana 252
or ten (10) grams or less of synthetic cannabinoids, by a fine of 253
not less than One Hundred Dollars ($100.00) nor more than Two 254
Hundred Fifty Dollars ($250.00). The provisions of this paragraph 255
(2)(A) may be enforceable by summons if the offender provides 256
proof of identity satisfactory to the arresting officer and gives 257
written promise to appear in court satisfactory to the arresting 258
officer, as directed by the summons. A second conviction under 259
this section within two (2) years is a misdemeanor punishable by a 260
fine of Two Hundred Fifty Dollars ($250.00), not more than sixty 261
(60) days in the county jail, and mandatory participation in a 262
drug education program approved by the Division of Alcohol and 263
Drug Abuse of the State Department of Mental Health, unless the 264
court enters a written finding that a drug education program is 265
inappropriate. A third or subsequent conviction under this 266
paragraph (2)(A) within two (2) years is a misdemeanor punishable 267
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 268
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more than One Thousand Dollars ($1,000.00) and confinement for not 269
more than six (6) months in the county jail. 270
Upon a first or second conviction under this paragraph 271
(2)(A), the courts shall forward a report of the conviction to the 272
Mississippi Bureau of Narcotics which shall make and maintain a 273
private, nonpublic record for a period not to exceed two (2) years 274
from the date of conviction. The private, nonpublic record shall 275
be solely for the use of the courts in determining the penalties 276
which attach upon conviction under this paragraph (2)(A) and shall 277
not constitute a criminal record for the purpose of private or 278
administrative inquiry and the record of each conviction shall be 279
expunged at the end of the period of two (2) years following the 280
date of such conviction; 281
2. Additionally, a person who is the operator 282
of a motor vehicle, who possesses on his person or knowingly keeps 283
or allows to be kept in a motor vehicle within the area of the 284
vehicle normally occupied by the driver or passengers, more than 285
one (1) gram, but not more than thirty (30) grams of marijuana or 286
not more than ten (10) grams of synthetic cannabinoids is guilty 287
of a misdemeanor and, upon conviction, may be fined not more than 288
One Thousand Dollars ($1,000.00) or confined for not more than 289
ninety (90) days in the county jail, or both. For the purposes of 290
this subsection, such area of the vehicle shall not include the 291
trunk of the motor vehicle or the areas not normally occupied by 292
the driver or passengers if the vehicle is not equipped with a 293
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trunk. A utility or glove compartment shall be deemed to be 294
within the area occupied by the driver and passengers. 295
(B) Marijuana: 296
1. If more than thirty (30) grams but less 297
than two hundred fifty (250) grams, by a fine of not more than One 298
Thousand Dollars ($1,000.00), or confinement in the county jail 299
for not more than one (1) year, or both; or by a fine of not more 300
than Three Thousand Dollars ($3,000.00), or imprisonment in the 301
custody of the Department of Corrections for not more than three 302
(3) years, or both; 303
2. If two hundred fifty (250) or more grams 304
but less than five hundred (500) grams, by imprisonment for not 305
less than two (2) years nor more than eight (8) years or by a fine 306
of not more than Fifty Thousand Dollars ($50,000.00), or both; 307
3. If five hundred (500) or more grams but 308
less than one (1) kilogram, by imprisonment for not less than four 309
(4) years nor more than sixteen (16) years or a fine of not more 310
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 311
4. If one (1) kilogram or more but less than 312
five (5) kilograms, by imprisonment for not less than six (6) 313
years nor more than twenty-four (24) years or a fine of not more 314
than Five Hundred Thousand Dollars ($500,000.00), or both; 315
5. If five (5) kilograms or more, by 316
imprisonment for not less than ten (10) years nor more than thirty 317
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(30) years or a fine of not more than One Million Dollars 318
($1,000,000.00), or both. 319
(C) Synthetic cannabinoids: 320
1. If more than ten (10) grams but less than 321
twenty (20) grams, by a fine of not more than One Thousand Dollars 322
($1,000.00), or confinement in the county jail for not more than 323
one (1) year, or both; or by a fine of not more than Three 324
Thousand Dollars ($3,000.00), or imprisonment in the custody of 325
the Department of Corrections for not more than three (3) years, 326
or both; 327
2. If twenty (20) or more grams but less than 328
forty (40) grams, by imprisonment for not less than two (2) years 329
nor more than eight (8) years or by a fine of not more than Fifty 330
Thousand Dollars ($50,000.00), or both; 331
3. If forty (40) or more grams but less than 332
two hundred (200) grams, by imprisonment for not less than four 333
(4) years nor more than sixteen (16) years or a fine of not more 334
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 335
4. If two hundred (200) or more grams, by 336
imprisonment for not less than six (6) years nor more than 337
twenty-four (24) years or a fine of not more than Five Hundred 338
Thousand Dollars ($500,000.00), or both. 339
(3) A controlled substance classified in Schedule III, 340
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 341
conviction, may be punished as follows: 342
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(A) If less than fifty (50) grams or less than one 343
hundred (100) dosage units, the offense is a misdemeanor and 344
punishable by not more than one (1) year or a fine of not more 345
than One Thousand Dollars ($1,000.00), or both. 346
(B) If fifty (50) or more grams or one hundred 347
(100) or more dosage units, but less than one hundred fifty (150) 348
grams or five hundred (500) dosage units, by imprisonment for not 349
less than one (1) year nor more than four (4) years or a fine of 350
not more than Ten Thousand Dollars ($10,000.00), or both. 351
(C) If one hundred fifty (150) or more grams or 352
five hundred (500) or more dosage units, but less than three 353
hundred (300) grams or one thousand (1,000) dosage units, by 354
imprisonment for not less than two (2) years nor more than eight 355
(8) years or a fine of not more than Fifty Thousand Dollars 356
($50,000.00), or both. 357
(D) If three hundred (300) or more grams or one 358
thousand (1,000) or more dosage units, but less than five hundred 359
(500) grams or two thousand five hundred (2,500) dosage units, by 360
imprisonment for not less than four (4) years nor more than 361
sixteen (16) years or a fine of not more than Two Hundred Fifty 362
Thousand Dollars ($250,000.00), or both. 363
(d) Paraphernalia. (1) Except as otherwise provided under 364
subsection (i) of this section for actions that are lawful under 365
the Mississippi Medical Cannabis Act and in compliance with rules 366
and regulations adopted thereunder, it is unlawful for a person 367
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who is not authorized by the State Board of Medical Licensure, 368
State Board of Pharmacy, or other lawful authority to use, or to 369
possess with intent to use, paraphernalia to plant, propagate, 370
cultivate, grow, harvest, manufacture, compound, convert, produce, 371
process, prepare, test, analyze, pack, repack, store, contain, 372
conceal, inject, ingest, inhale or otherwise introduce into the 373
human body a controlled substance in violation of the Uniform 374
Controlled Substances Law. Any person who violates this 375
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 376
may be confined in the county jail for not more than six (6) 377
months, or fined not more than Five Hundred Dollars ($500.00), or 378
both; however, no person shall be charged with a violation of this 379
subsection when such person is also charged with the possession of 380
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 381
of this section. 382
(2) It is unlawful for any person to deliver, sell, 383
possess with intent to deliver or sell, or manufacture with intent 384
to deliver or sell, paraphernalia, knowing, or under circumstances 385
where one reasonably should know, that it will be used to plant, 386
propagate, cultivate, grow, harvest, manufacture, compound, 387
convert, produce, process, prepare, test, analyze, pack, repack, 388
store, contain, conceal, inject, ingest, inhale, or otherwise 389
introduce into the human body a controlled substance in violation 390
of the Uniform Controlled Substances Law. Except as provided in 391
subsection (d)(3), a person who violates this subsection (d)(2) is 392
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guilty of a misdemeanor and, upon conviction, may be confined in 393
the county jail for not more than six (6) months, or fined not 394
more than Five Hundred Dollars ($500.00), or both. 395
(3) Any person eighteen (18) years of age or over who 396
violates subsection (d)(2) of this section by delivering or 397
selling paraphernalia to a person under eighteen (18) years of age 398
who is at least three (3) years his junior is guilty of a 399
misdemeanor and, upon conviction, may be confined in the county 400
jail for not more than one (1) year, or fined not more than One 401
Thousand Dollars ($1,000.00), or both. 402
(4) It is unlawful for any person to place in any 403
newspaper, magazine, handbill, or other publication any 404
advertisement, knowing, or under circumstances where one 405
reasonably should know, that the purpose of the advertisement, in 406
whole or in part, is to promote the sale of objects designed or 407
intended for use as paraphernalia. Any person who violates this 408
subsection is guilty of a misdemeanor and, upon conviction, may be 409
confined in the county jail for not more than six (6) months, or 410
fined not more than Five Hundred Dollars ($500.00), or both. 411
(e) (1) It shall be unlawful for any physician practicing 412
medicine in this state to prescribe, dispense or administer any 413
amphetamine or amphetamine-like anorectics and/or central nervous 414
system stimulants classified in Schedule II, pursuant to Section 415
41-29-115, for the exclusive treatment of obesity, weight control 416
or weight loss. Any person who violates this subsection, upon 417
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conviction, is guilty of a misdemeanor and may be confined for a 418
period not to exceed six (6) months, or fined not more than One 419
Thousand Dollars ($1,000.00), or both. 420
(2) Neither this subsection (e) nor any other 421
provision, law or regulation shall be construed to prohibit a 422
physician practicing obesity medicine from prescribing a legend 423
drug, including GLP-1 therapeutics, to a patient via telemedicine, 424
subject to the following conditions: 425
(A) The physician obtains sufficient medical 426
history, laboratory or diagnostic data, contraindication 427
screening, and documentation in the medical record to support safe 428
prescribing; 429
(B) Periodic reassessment shall occur at intervals 430
consistent with the standard of care, and the treating physician 431
may conduct such reassessment by telemedicine or in-person as 432
clinically indicated; and 433
(C) The physician documents in the record the 434
medical necessity and monitoring plan for continued therapy. 435
(f) Trafficking. (1) Any person trafficking in controlled 436
substances shall be guilty of a felony and, upon conviction, shall 437
be imprisoned for a term of not less than ten (10) years nor more 438
than forty (40) years and shall be fined not less than Five 439
Thousand Dollars ($5,000.00) nor more than One Million Dollars 440
($1,000,000.00). The ten-year mandatory sentence shall not be 441
reduced or suspended. The person shall not be eligible for 442
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probation or parole, the provisions of Sections 41-29-149, 443
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 444
(2) "Trafficking in controlled substances" as used 445
herein means: 446
(A) A violation of subsection (a) of this section 447
involving thirty (30) or more grams or forty (40) or more dosage 448
units of a Schedule I or II controlled substance except marijuana 449
and synthetic cannabinoids; 450
(B) A violation of subsection (a) of this section 451
involving five hundred (500) or more grams or two thousand five 452
hundred (2,500) or more dosage units of a Schedule III, IV or V 453
controlled substance; 454
(C) A violation of subsection (c) of this section 455
involving thirty (30) or more grams or forty (40) or more dosage 456
units of a Schedule I or II controlled substance except marijuana 457
and synthetic cannabinoids; 458
(D) A violation of subsection (c) of this section 459
involving five hundred (500) or more grams or two thousand five 460
hundred (2,500) or more dosage units of a Schedule III, IV or V 461
controlled substance; or 462
(E) A violation of subsection (a) of this section 463
involving one (1) kilogram or more of marijuana or two hundred 464
(200) grams or more of synthetic cannabinoids. 465
(g) Aggravated trafficking. Any person trafficking in 466
Schedule I or II controlled substances, except marijuana and 467
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synthetic cannabinoids, of two hundred (200) grams or more shall 468
be guilty of aggravated trafficking and, upon conviction, shall be 469
sentenced to a term of not less than twenty-five (25) years nor 470
more than life in prison and shall be fined not less than Five 471
Thousand Dollars ($5,000.00) nor more than One Million Dollars 472
($1,000,000.00). The twenty-five-year sentence shall be a 473
mandatory sentence and shall not be reduced or suspended. The 474
person shall not be eligible for probation or parole, the 475
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 476
the contrary notwithstanding. 477
(h) Sentence mitigation. (1) Notwithstanding any provision 478
of this section, a person who has been convicted of an offense 479
under this section that requires the judge to impose a prison 480
sentence which cannot be suspended or reduced and is ineligible 481
for probation or parole may, at the discretion of the court, 482
receive a sentence of imprisonment that is no less than 483
twenty-five percent (25%) of the sentence prescribed by the 484
applicable statute. In considering whether to apply the departure 485
from the sentence prescribed, the court shall conclude that: 486
(A) The offender was not a leader of the criminal 487
enterprise; 488
(B) The offender did not use violence or a weapon 489
during the crime; 490
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(C) The offense did not result in a death or 491
serious bodily injury of a person not a party to the criminal 492
enterprise; and 493
(D) The interests of justice are not served by the 494
imposition of the prescribed mandatory sentence. 495
The court may also consider whether information and 496
assistance were furnished to a law enforcement agency, or its 497
designee, which, in the opinion of the trial judge, objectively 498
should or would have aided in the arrest or prosecution of others 499
who violate this subsection. The accused shall have adequate 500
opportunity to develop and make a record of all information and 501
assistance so furnished. 502
(2) If the court reduces the prescribed sentence 503
pursuant to this subsection, it must specify on the record the 504
circumstances warranting the departure. 505
(i) This section does not apply to any of the actions that 506
are lawful under the Mississippi Medical Cannabis Act and in 507
compliance with rules and regulations adopted thereunder. 508
SECTION 4. The State Board of Medical Licensure shall, 509
within one hundred eighty (180) days after the effective date of 510
this act, adopt, amend or repeal rules as necessary to implement 511
the provisions of this act and to ensure that the rules of the 512
board are consistent with, and no more restrictive than, the 513
provisions of this act. 514
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SECTION 5. This act shall take effect and be in force from 515
and after July 1, 2026. 516