Uniform Controlled Substances Law; exclude hypodermic syringes from definition of paraphernalia.

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To: Drug Policy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Nelson

HOUSE BILL NO. 448

AN ACT TO AMEND SECTION 41-29-105, MISSISSIPPI CODE OF 1972, 1
TO EXCLUDE HYPODERMIC SYRINGES FROM THE DEFINITION OF THE TERM 2
"PARAPHERNALIA" AS USED IN THE UNIFORM CONTROLLED SUBSTANCES LAW; 3
AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 41-29-105, Mississippi Code of 1972, is 6
amended as follows: 7
41-29-105. The following words and phrases, as used in this 8
article, shall have the following meanings, unless the context 9
otherwise requires: 10
(a) "Administer" means the direct application of a 11
controlled substance, whether by injection, inhalation, ingestion 12
or any other means, to the body of a patient or research subject 13
by: 14
(i) A practitioner (or, in his presence, by his 15
authorized agent); or 16
(ii) The patient or research subject at the 17
direction and in the presence of the practitioner. 18
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(b) "Agent" means an authorized person who acts on 19
behalf of or at the direction of a manufacturer, distributor or 20
dispenser. Such word does not include a common or contract 21
carrier, public warehouseman or employee of the carrier or 22
warehouseman. This definition shall not be applied to the term 23
"agent" when such term clearly designates a member or officer of 24
the Bureau of Narcotics or other law enforcement organization. 25
(c) "Board" means the Mississippi State Board of 26
Medical Licensure. 27
(d) "Bureau" means the Mississippi Bureau of Narcotics. 28
However, where the title "Bureau of Drug Enforcement" occurs, that 29
term shall also refer to the Mississippi Bureau of Narcotics. 30
(e) "Commissioner" means the Commissioner of the 31
Department of Public Safety. 32
(f) "Controlled substance" means a drug, substance or 33
immediate precursor in Schedules I through V of Sections 41-29-113 34
through 41-29-121. 35
(g) "Counterfeit substance" means a controlled 36
substance which, or the container or labeling of which, without 37
authorization, bears the trademark, trade name, or other 38
identifying mark, imprint, number or device, or any likeness 39
thereof, of a manufacturer, distributor or dispenser other than 40
the person who in fact manufactured, distributed or dispensed the 41
substance. 42
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(h) "Deliver" or "delivery" means the actual, 43
constructive, or attempted transfer from one person to another of 44
a controlled substance, whether or not there is an agency 45
relationship. 46
(i) "Director" means the Director of the Bureau of 47
Narcotics. 48
(j) "Dispense" means to deliver a controlled substance 49
to an ultimate user or research subject by or pursuant to the 50
lawful order of a practitioner, including the prescribing, 51
administering, packaging, labeling or compounding necessary to 52
prepare the substance for that delivery. 53
(k) "Dispenser" means a practitioner who dispenses. 54
(l) "Distribute" means to deliver other than by 55
administering or dispensing a controlled substance. 56
(m) "Distributor" means a person who distributes. 57
(n) "Drug" means (i) a substance recognized as a drug 58
in the official United States Pharmacopoeia, official Homeopathic 59
Pharmacopoeia of the United States, or official National 60
Formulary, or any supplement to any of them; (ii) a substance 61
intended for use in the diagnosis, cure, mitigation, treatment, or 62
prevention of disease in man or animals; (iii) a substance (other 63
than food) intended to affect the structure or any function of the 64
body of man or animals; and (iv) a substance intended for use as a 65
component of any article specified in this paragraph. Such word 66
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does not include devices or their components, parts, or 67
accessories. 68
(o) "Hashish" means the resin extracted from any part 69
of the plants of the genus Cannabis and all species thereof or any 70
preparation, mixture or derivative made from or with that resin. 71
(p) "Immediate precursor" means a substance which the 72
board has found to be and by rule designates as being the 73
principal compound commonly used or produced primarily for use, 74
and which is an immediate chemical intermediary used or likely to 75
be used in the manufacture of a controlled substance, the control 76
of which is necessary to prevent, curtail, or limit manufacture. 77
(q) "Manufacture" means the production, preparation, 78
propagation, compounding, conversion or processing of a controlled 79
substance, either directly or indirectly, by extraction from 80
substances of natural origin, or independently by means of 81
chemical synthesis, or by a combination of extraction and chemical 82
synthesis, and includes any packaging or repackaging of the 83
substance or labeling or relabeling of its container. The term 84
"manufacture" does not include the preparation, compounding, 85
packaging or labeling of a controlled substance in conformity with 86
applicable state and local law: 87
(i) By a practitioner as an incident to his 88
administering or dispensing of a controlled substance in the 89
course of his professional practice; or 90
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(ii) By a practitioner, or by his authorized agent 91
under his supervision, for the purpose of, or as an incident to, 92
research, teaching or chemical analysis and not for sale. 93
(r) "Marijuana" means all parts of the plant of the 94
genus Cannabis and all species thereof, whether growing or not, 95
the seeds thereof, and every compound, manufacture, salt, 96
derivative, mixture or preparation of the plant or its seeds, 97
excluding hashish. 98
The term "marijuana" does not include "hemp" as defined in 99
and regulated by Sections 69-25-201 through 69-25-221. 100
(s) "Narcotic drug" means any of the following, whether 101
produced directly or indirectly by extraction from substances of 102
vegetable origin, or independently by means of chemical synthesis, 103
or by a combination of extraction and chemical synthesis: 104
(i) Opium and opiate, and any salt, compound, 105
derivative or preparation of opium or opiate; 106
(ii) Any salt, compound, isomer, derivative or 107
preparation thereof which is chemically equivalent or identical 108
with any of the substances referred to in subparagraph (i), but 109
not including the isoquinoline alkaloids of opium; 110
(iii) Opium poppy and poppy straw; and 111
(iv) Cocaine, coca leaves and any salt, compound, 112
derivative or preparation of cocaine, coca leaves, and any salt, 113
compound, isomer, derivative or preparation thereof which is 114
chemically equivalent or identical with any of these substances, 115
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but not including decocainized coca leaves or extractions of coca 116
leaves which do not contain cocaine or ecgonine. 117
(t) "Opiate" means any substance having an 118
addiction-forming or addiction-sustaining liability similar to 119
morphine or being capable of conversion into a drug having 120
addiction-forming or addiction-sustaining liability. It does not 121
include, unless specifically designated as controlled under 122
Section 41-29-111, the dextrorotatory isomer of 123
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). 124
Such word does include its racemic and levorotatory forms. 125
(u) "Opium poppy" means the plant of the species 126
Papaver somniferum L., except its seeds. 127
(v) (i) "Paraphernalia" means all equipment, products 128
and materials of any kind which are used, intended for use, or 129
designed for use, in planting, propagating, cultivating, growing, 130
harvesting, manufacturing, compounding, converting, producing, 131
processing, preparing, testing, analyzing, packaging, repackaging, 132
storing, containing, concealing, injecting, ingesting, inhaling or 133
otherwise introducing into the human body a controlled substance 134
in violation of the Uniform Controlled Substances Law. It 135
includes, but is not limited to: 136
1. Kits used, intended for use, or designed 137
for use in planting, propagating, cultivating, growing or 138
harvesting of any species of plant which is a controlled substance 139
or from which a controlled substance can be derived; 140
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2. Kits used, intended for use, or designed 141
for use in manufacturing, compounding, converting, producing, 142
processing or preparing controlled substances; 143
3. Isomerization devices used, intended for 144
use or designed for use in increasing the potency of any species 145
of plant which is a controlled substance; 146
4. Testing equipment used, intended for use, 147
or designed for use in identifying or in analyzing the strength, 148
effectiveness or purity of controlled substances; 149
5. Scales and balances used, intended for use 150
or designed for use in weighing or measuring controlled 151
substances; 152
6. Diluents and adulterants, such as quinine 153
hydrochloride, mannitol, mannite, dextrose and lactose, used, 154
intended for use or designed for use in cutting controlled 155
substances; 156
7. Separation gins and sifters used, intended 157
for use or designed for use in removing twigs and seeds from, or 158
in otherwise cleaning or refining, marijuana; 159
8. Blenders, bowls, containers, spoons and 160
mixing devices used, intended for use or designed for use in 161
compounding controlled substances; 162
9. Capsules, balloons, envelopes and other 163
containers used, intended for use or designed for use in packaging 164
small quantities of controlled substances; 165
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10. Containers and other objects used, 166
intended for use or designed for use in storing or concealing 167
controlled substances; 168
11. Hypodermic syringes, needles and other 169
objects used, intended for use or designed for use in parenterally 170
injecting controlled substances into the human body; 171
12. Objects used, intended for use or 172
designed for use in ingesting, inhaling or otherwise introducing 173
marijuana, cocaine, hashish or hashish oil into the human body, 174
such as: 175
a. Metal, wooden, acrylic, glass, stone, 176
plastic or ceramic pipes with or without screens, permanent 177
screens, hashish heads or punctured metal bowls; 178
b. Water pipes; 179
c. Carburetion tubes and devices; 180
d. Smoking and carburetion masks; 181
e. Roach clips, meaning objects used to 182
hold burning material, such as a marijuana cigarette, that has 183
become too small or too short to be held in the hand; 184
f. Miniature cocaine spoons and cocaine 185
vials; 186
g. Chamber pipes; 187
h. Carburetor pipes; 188
i. Electric pipes; 189
j. Air-driven pipes; 190
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k. Chillums; 191
l. Bongs; and 192
m. Ice pipes or chillers. 193
(ii) In determining whether an object is 194
paraphernalia, a court or other authority should consider, in 195
addition to all other logically relevant factors, the following: 196
1. Statements by an owner or by anyone in 197
control of the object concerning its use; 198
2. Prior convictions, if any, of an owner, or 199
of anyone in control of the object, under any state or federal law 200
relating to any controlled substance; 201
3. The proximity of the object, in time and 202
space, to a direct violation of the Uniform Controlled Substances 203
Law; 204
4. The proximity of the object to controlled 205
substances; 206
5. The existence of any residue of controlled 207
substances on the object; 208
6. Direct or circumstantial evidence of the 209
intent of an owner, or of anyone in control of the object, to 210
deliver it to persons whom he knows, or should reasonably know, 211
intend to use the object to facilitate a violation of the Uniform 212
Controlled Substances Law; the innocence of an owner, or of anyone 213
in control of the object, as to a direct violation of the Uniform 214
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Controlled Substances Law shall not prevent a finding that the 215
object is intended for use, or designed for use as paraphernalia; 216
7. Instructions, oral or written, provided 217
with the object concerning its use; 218
8. Descriptive materials accompanying the 219
object which explain or depict its use; 220
9. National and local advertising concerning 221
its use; 222
10. The manner in which the object is 223
displayed for sale; 224
11. Whether the owner or anyone in control of 225
the object is a legitimate supplier of like or related items to 226
the community, such as a licensed distributor or dealer of tobacco 227
products; 228
12. Direct or circumstantial evidence of the 229
ratio of sales of the object(s) to the total sales of the business 230
enterprise; 231
13. The existence and scope of legitimate 232
uses for the object in the community; 233
14. Expert testimony concerning its use. 234
(iii) "Paraphernalia" does not include hypodermic 235
syringes or any materials used or intended for use in testing for 236
the presence of fentanyl or a fentanyl analog in a substance. 237
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(w) "Person" means individual, corporation, government 238
or governmental subdivision or agency, business trust, estate, 239
trust, partnership or association, or any other legal entity. 240
(x) "Poppy straw" means all parts, except the seeds, of 241
the opium poppy, after mowing. 242
(y) "Practitioner" means: 243
(i) A physician, dentist, veterinarian, scientific 244
investigator, optometrist certified to prescribe and use 245
therapeutic pharmaceutical agents under Sections 73-19-153 through 246
73-19-165, or other person licensed, registered or otherwise 247
permitted to distribute, dispense, conduct research with respect 248
to or to administer a controlled substance in the course of 249
professional practice or research in this state; and 250
(ii) A pharmacy, hospital or other institution 251
licensed, registered, or otherwise permitted to distribute, 252
dispense, conduct research with respect to or to administer a 253
controlled substance in the course of professional practice or 254
research in this state. 255
(z) "Production" includes the manufacture, planting, 256
cultivation, growing or harvesting of a controlled substance. 257
(aa) "Sale," "sell" or "selling" means the actual, 258
constructive or attempted transfer or delivery of a controlled 259
substance for remuneration, whether in money or other 260
consideration. 261
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ST: Uniform Controlled Substances Law; exclude
hypodermic syringes from definition of
paraphernalia.
(bb) "State," when applied to a part of the United 262
States, includes any state, district, commonwealth, territory, 263
insular possession thereof, and any area subject to the legal 264
authority of the United States of America. 265
(cc) "Ultimate user" means a person who lawfully 266
possesses a controlled substance for his own use or for the use of 267
a member of his household or for administering to an animal owned 268
by him or by a member of his household. 269
SECTION 2. This act shall take effect and be in force from 270
and after July 1, 2026. 271