Fentanyl; increase penalties for possession of.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives McKnight, Hale

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 528

AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 1
TO INCREASE THE PENALTY FOR POSSESSION OF FENTANYL AND ANY 2
FENTANYL RELATED SUBSTANCES; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 41-29-139, Mississippi Code of 1972, is 5
amended as follows: 6
41-29-139. (a) Transfer and possession with intent to 7
transfer. Except as authorized by this article, it is unlawful 8
for any person knowingly or intentionally: 9
(1) To sell, barter, transfer, manufacture, distribute, 10
dispense or possess with intent to sell, barter, transfer, 11
manufacture, distribute or dispense, a controlled substance; or 12
(2) To create, sell, barter, transfer, distribute, 13
dispense or possess with intent to create, sell, barter, transfer, 14
distribute or dispense, a counterfeit substance. 15
(b) Punishment for transfer and possession with intent to 16
transfer. Except as otherwise provided in Section 41-29-142, any 17
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person who violates subsection (a) of this section shall be, if 18
convicted, sentenced as follows: 19
(1) For controlled substances classified in Schedule I 20
or II, as set out in Sections 41-29-113 and 41-29-115, other than 21
marijuana or synthetic cannabinoids: 22
(A) If less than two (2) grams or ten (10) dosage 23
units, by imprisonment for not more than eight (8) years or a fine 24
of not more than Fifty Thousand Dollars ($50,000.00), or both. 25
(B) If two (2) or more grams or ten (10) or more 26
dosage units, but less than ten (10) grams or twenty (20) dosage 27
units, by imprisonment for not less than three (3) years nor more 28
than twenty (20) years or a fine of not more than Two Hundred 29
Fifty Thousand Dollars ($250,000.00), or both. 30
(C) If ten (10) or more grams or twenty (20) or 31
more dosage units, but less than thirty (30) grams or forty (40) 32
dosage units, by imprisonment for not less than five (5) years nor 33
more than thirty (30) years or a fine of not more than Five 34
Hundred Thousand Dollars ($500,000.00), or both. 35
(2) (A) For marijuana: 36
1. If thirty (30) grams or less, by 37
imprisonment for not more than three (3) years or a fine of not 38
more than Three Thousand Dollars ($3,000.00), or both; 39
2. If more than thirty (30) grams but less 40
than two hundred fifty (250) grams, by imprisonment for not more 41
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than five (5) years or a fine of not more than Five Thousand 42
Dollars ($5,000.00), or both; 43
3. If two hundred fifty (250) or more grams 44
but less than five hundred (500) grams, by imprisonment for not 45
less than three (3) years nor more than ten (10) years or a fine 46
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 47
4. If five hundred (500) or more grams but 48
less than one (1) kilogram, by imprisonment for not less than five 49
(5) years nor more than twenty (20) years or a fine of not more 50
than Twenty Thousand Dollars ($20,000.00), or both. 51
(B) For synthetic cannabinoids: 52
1. If ten (10) grams or less, by imprisonment 53
for not more than three (3) years or a fine of not more than Three 54
Thousand Dollars ($3,000.00), or both; 55
2. If more than ten (10) grams but less than 56
twenty (20) grams, by imprisonment for not more than five (5) 57
years or a fine of not more than Five Thousand Dollars 58
($5,000.00), or both; 59
3. If twenty (20) or more grams but less than 60
forty (40) grams, by imprisonment for not less than three (3) 61
years nor more than ten (10) years or a fine of not more than 62
Fifteen Thousand Dollars ($15,000.00), or both; 63
4. If forty (40) or more grams but less than 64
two hundred (200) grams, by imprisonment for not less than five 65
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(5) years nor more than twenty (20) years or a fine of not more 66
than Twenty Thousand Dollars ($20,000.00), or both. 67
(3) For controlled substances classified in Schedules 68
III and IV, as set out in Sections 41-29-117 and 41-29-119: 69
(A) If less than two (2) grams or ten (10) dosage 70
units, by imprisonment for not more than five (5) years or a fine 71
of not more than Five Thousand Dollars ($5,000.00), or both; 72
(B) If two (2) or more grams or ten (10) or more 73
dosage units, but less than ten (10) grams or twenty (20) dosage 74
units, by imprisonment for not more than eight (8) years or a fine 75
of not more than Fifty Thousand Dollars ($50,000.00), or both; 76
(C) If ten (10) or more grams or twenty (20) or 77
more dosage units, but less than thirty (30) grams or forty (40) 78
dosage units, by imprisonment for not more than fifteen (15) years 79
or a fine of not more than One Hundred Thousand Dollars 80
($100,000.00), or both; 81
(D) If thirty (30) or more grams or forty (40) or 82
more dosage units, but less than five hundred (500) grams or two 83
thousand five hundred (2,500) dosage units, by imprisonment for 84
not more than twenty (20) years or a fine of not more than Two 85
Hundred Fifty Thousand Dollars ($250,000.00), or both. 86
(4) For controlled substances classified in Schedule V, 87
as set out in Section 41-29-121: 88
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(A) If less than two (2) grams or ten (10) dosage 89
units, by imprisonment for not more than one (1) year or a fine of 90
not more than Five Thousand Dollars ($5,000.00), or both; 91
(B) If two (2) or more grams or ten (10) or more 92
dosage units, but less than ten (10) grams or twenty (20) dosage 93
units, by imprisonment for not more than five (5) years or a fine 94
of not more than Ten Thousand Dollars ($10,000.00), or both; 95
(C) If ten (10) or more grams or twenty (20) or 96
more dosage units, but less than thirty (30) grams or forty (40) 97
dosage units, by imprisonment for not more than ten (10) years or 98
a fine of not more than Twenty Thousand Dollars ($20,000.00), or 99
both; 100
(D) For thirty (30) or more grams or forty (40) or 101
more dosage units, but less than five hundred (500) grams or two 102
thousand five hundred (2,500) dosage units, by imprisonment for 103
not more than fifteen (15) years or a fine of not more than Fifty 104
Thousand Dollars ($50,000.00), or both. 105
(c) Simple possession. Except as otherwise provided under 106
subsection (i) of this section for actions that are lawful under 107
the Mississippi Medical Cannabis Act and in compliance with rules 108
and regulations adopted thereunder, it is unlawful for any person 109
knowingly or intentionally to possess any controlled substance 110
unless the substance was obtained directly from, or pursuant to, a 111
valid prescription or order of a practitioner while acting in the 112
course of his professional practice, or except as otherwise 113
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authorized by this article. The penalties for any violation of 114
this subsection (c) with respect to a controlled substance 115
classified in Schedules I, II, III, IV or V, as set out in Section 116
41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including 117
marijuana or synthetic cannabinoids, shall be based on dosage unit 118
as defined herein or the weight of the controlled substance as set 119
forth herein as appropriate: 120
"Dosage unit (d.u.)" means a tablet or capsule, or in the 121
case of a liquid solution, one (1) milliliter. In the case of 122
lysergic acid diethylamide (LSD) the term, "dosage unit" means a 123
stamp, square, dot, microdot, tablet or capsule of a controlled 124
substance. 125
For any controlled substance that does not fall within the 126
definition of the term "dosage unit," the penalties shall be based 127
upon the weight of the controlled substance. 128
The weight set forth refers to the entire weight of any 129
mixture or substance containing a detectable amount of the 130
controlled substance. 131
If a mixture or substance contains more than one (1) 132
controlled substance, the weight of the mixture or substance is 133
assigned to the controlled substance that results in the greater 134
punishment. 135
A person shall be charged and sentenced as follows for a 136
violation of this subsection with respect to: 137
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(1) A controlled substance classified in Schedule I or 138
II, except marijuana and synthetic cannabinoids, and fentanyl and 139
any fentanyl-related substances, to include fentanyl analogs, as 140
set forth in Article 3, Chapter 29 of Title 41 of the Mississippi 141
Code of 1972: 142
(A) If less than one-tenth (0.1) gram or two (2) 143
dosage units, the violation is a misdemeanor and punishable by 144
imprisonment for not more than one (1) year or a fine of not more 145
than One Thousand Dollars ($1,000.00), or both. 146
(B) If one-tenth (0.1) gram or more or two (2) or 147
more dosage units, but less than two (2) grams or ten (10) dosage 148
units, by imprisonment for not more than three (3) years or a fine 149
of not more than Fifty Thousand Dollars ($50,000.00), or both. 150
(C) If two (2) or more grams or ten (10) or more 151
dosage units, but less than ten (10) grams or twenty (20) dosage 152
units, by imprisonment for not more than eight (8) years or a fine 153
of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 154
or both. 155
(D) If ten (10) or more grams or twenty (20) or 156
more dosage units, but less than thirty (30) grams or forty (40) 157
dosage units, by imprisonment for not less than three (3) years 158
nor more than twenty (20) years or a fine of not more than Five 159
Hundred Thousand Dollars ($500,000.00), or both. 160
For fentanyl and any fentanyl-related substances, to include 161
fentanyl analogs, as set forth in Article 3, Chapter 29 of Title 162
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41 of the Mississippi Code of 1972: if less than one-tenth (0.1) 163
gram or two (2) dosage units, the violation is a misdemeanor and 164
punishable by imprisonment for not more than two (2) years or a 165
fine of not more than Two Thousand Dollars ($2,000.00), or both; 166
if one-tenth (0.1) gram or more or two (2) or more dosage units, 167
but less than two (2) grams or ten (10) dosage units, by 168
imprisonment for not more than six (6) years or a fine of not more 169
than One Hundred Thousand Dollars ($100,000.00), or both; if two 170
(2) or more grams or ten (10) or more dosage units, but less than 171
ten (10) grams or twenty (20) dosage units, by imprisonment for 172
not more than sixteen (16) years or a fine of not more than Five 173
Hundred Thousand Dollars ($500,000.00), or both; and, if ten (10) 174
or more grams or twenty (20) or more dosage units, but less than 175
thirty (30) grams or forty (40) dosage units, by imprisonment for 176
not less than six (6) years nor more than forty (40) years or a 177
fine of not more than One Million Dollars ($1,000,000.00), or 178
both. 179
(2) (A) Marijuana and synthetic cannabinoids: 180
1. If thirty (30) grams or less of marijuana 181
or ten (10) grams or less of synthetic cannabinoids, by a fine of 182
not less than One Hundred Dollars ($100.00) nor more than Two 183
Hundred Fifty Dollars ($250.00). The provisions of this paragraph 184
(2)(A) may be enforceable by summons if the offender provides 185
proof of identity satisfactory to the arresting officer and gives 186
written promise to appear in court satisfactory to the arresting 187
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officer, as directed by the summons. A second conviction under 188
this section within two (2) years is a misdemeanor punishable by a 189
fine of Two Hundred Fifty Dollars ($250.00), not more than sixty 190
(60) days in the county jail, and mandatory participation in a 191
drug education program approved by the Division of Alcohol and 192
Drug Abuse of the State Department of Mental Health, unless the 193
court enters a written finding that a drug education program is 194
inappropriate. A third or subsequent conviction under this 195
paragraph (2)(A) within two (2) years is a misdemeanor punishable 196
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 197
more than One Thousand Dollars ($1,000.00) and confinement for not 198
more than six (6) months in the county jail. 199
Upon a first or second conviction under this paragraph 200
(2)(A), the courts shall forward a report of the conviction to the 201
Mississippi Bureau of Narcotics which shall make and maintain a 202
private, nonpublic record for a period not to exceed two (2) years 203
from the date of conviction. The private, nonpublic record shall 204
be solely for the use of the courts in determining the penalties 205
which attach upon conviction under this paragraph (2)(A) and shall 206
not constitute a criminal record for the purpose of private or 207
administrative inquiry and the record of each conviction shall be 208
expunged at the end of the period of two (2) years following the 209
date of such conviction; 210
2. Additionally, a person who is the operator 211
of a motor vehicle, who possesses on his person or knowingly keeps 212
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or allows to be kept in a motor vehicle within the area of the 213
vehicle normally occupied by the driver or passengers, more than 214
one (1) gram, but not more than thirty (30) grams of marijuana or 215
not more than ten (10) grams of synthetic cannabinoids is guilty 216
of a misdemeanor and, upon conviction, may be fined not more than 217
One Thousand Dollars ($1,000.00) or confined for not more than 218
ninety (90) days in the county jail, or both. For the purposes of 219
this subsection, such area of the vehicle shall not include the 220
trunk of the motor vehicle or the areas not normally occupied by 221
the driver or passengers if the vehicle is not equipped with a 222
trunk. A utility or glove compartment shall be deemed to be 223
within the area occupied by the driver and passengers. 224
(B) Marijuana: 225
1. If more than thirty (30) grams but less 226
than two hundred fifty (250) grams, by a fine of not more than One 227
Thousand Dollars ($1,000.00), or confinement in the county jail 228
for not more than one (1) year, or both; or by a fine of not more 229
than Three Thousand Dollars ($3,000.00), or imprisonment in the 230
custody of the Department of Corrections for not more than three 231
(3) years, or both; 232
2. If two hundred fifty (250) or more grams 233
but less than five hundred (500) grams, by imprisonment for not 234
less than two (2) years nor more than eight (8) years or by a fine 235
of not more than Fifty Thousand Dollars ($50,000.00), or both; 236
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3. If five hundred (500) or more grams but 237
less than one (1) kilogram, by imprisonment for not less than four 238
(4) years nor more than sixteen (16) years or a fine of not more 239
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 240
4. If one (1) kilogram or more but less than 241
five (5) kilograms, by imprisonment for not less than six (6) 242
years nor more than twenty-four (24) years or a fine of not more 243
than Five Hundred Thousand Dollars ($500,000.00), or both; 244
5. If five (5) kilograms or more, by 245
imprisonment for not less than ten (10) years nor more than thirty 246
(30) years or a fine of not more than One Million Dollars 247
($1,000,000.00), or both. 248
(C) Synthetic cannabinoids: 249
1. If more than ten (10) grams but less than 250
twenty (20) grams, by a fine of not more than One Thousand Dollars 251
($1,000.00), or confinement in the county jail for not more than 252
one (1) year, or both; or by a fine of not more than Three 253
Thousand Dollars ($3,000.00), or imprisonment in the custody of 254
the Department of Corrections for not more than three (3) years, 255
or both; 256
2. If twenty (20) or more grams but less than 257
forty (40) grams, by imprisonment for not less than two (2) years 258
nor more than eight (8) years or by a fine of not more than Fifty 259
Thousand Dollars ($50,000.00), or both; 260
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3. If forty (40) or more grams but less than 261
two hundred (200) grams, by imprisonment for not less than four 262
(4) years nor more than sixteen (16) years or a fine of not more 263
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 264
4. If two hundred (200) or more grams, by 265
imprisonment for not less than six (6) years nor more than 266
twenty-four (24) years or a fine of not more than Five Hundred 267
Thousand Dollars ($500,000.00), or both. 268
(3) A controlled substance classified in Schedule III, 269
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 270
conviction, may be punished as follows: 271
(A) If less than fifty (50) grams or less than one 272
hundred (100) dosage units, the offense is a misdemeanor and 273
punishable by not more than one (1) year or a fine of not more 274
than One Thousand Dollars ($1,000.00), or both. 275
(B) If fifty (50) or more grams or one hundred 276
(100) or more dosage units, but less than one hundred fifty (150) 277
grams or five hundred (500) dosage units, by imprisonment for not 278
less than one (1) year nor more than four (4) years or a fine of 279
not more than Ten Thousand Dollars ($10,000.00), or both. 280
(C) If one hundred fifty (150) or more grams or 281
five hundred (500) or more dosage units, but less than three 282
hundred (300) grams or one thousand (1,000) dosage units, by 283
imprisonment for not less than two (2) years nor more than eight 284
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(8) years or a fine of not more than Fifty Thousand Dollars 285
($50,000.00), or both. 286
(D) If three hundred (300) or more grams or one 287
thousand (1,000) or more dosage units, but less than five hundred 288
(500) grams or two thousand five hundred (2,500) dosage units, by 289
imprisonment for not less than four (4) years nor more than 290
sixteen (16) years or a fine of not more than Two Hundred Fifty 291
Thousand Dollars ($250,000.00), or both. 292
(d) Paraphernalia. (1) Except as otherwise provided under 293
subsection (i) of this section for actions that are lawful under 294
the Mississippi Medical Cannabis Act and in compliance with rules 295
and regulations adopted thereunder, it is unlawful for a person 296
who is not authorized by the State Board of Medical Licensure, 297
State Board of Pharmacy, or other lawful authority to use, or to 298
possess with intent to use, paraphernalia to plant, propagate, 299
cultivate, grow, harvest, manufacture, compound, convert, produce, 300
process, prepare, test, analyze, pack, repack, store, contain, 301
conceal, inject, ingest, inhale or otherwise introduce into the 302
human body a controlled substance in violation of the Uniform 303
Controlled Substances Law. Any person who violates this 304
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 305
may be confined in the county jail for not more than six (6) 306
months, or fined not more than Five Hundred Dollars ($500.00), or 307
both; however, no person shall be charged with a violation of this 308
subsection when such person is also charged with the possession of 309
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thirty (30) grams or less of marijuana under subsection (c)(2)(A) 310
of this section. 311
(2) It is unlawful for any person to deliver, sell, 312
possess with intent to deliver or sell, or manufacture with intent 313
to deliver or sell, paraphernalia, knowing, or under circumstances 314
where one reasonably should know, that it will be used to plant, 315
propagate, cultivate, grow, harvest, manufacture, compound, 316
convert, produce, process, prepare, test, analyze, pack, repack, 317
store, contain, conceal, inject, ingest, inhale, or otherwise 318
introduce into the human body a controlled substance in violation 319
of the Uniform Controlled Substances Law. Except as provided in 320
subsection (d)(3), a person who violates this subsection (d)(2) is 321
guilty of a misdemeanor and, upon conviction, may be confined in 322
the county jail for not more than six (6) months, or fined not 323
more than Five Hundred Dollars ($500.00), or both. 324
(3) Any person eighteen (18) years of age or over who 325
violates subsection (d)(2) of this section by delivering or 326
selling paraphernalia to a person under eighteen (18) years of age 327
who is at least three (3) years his junior is guilty of a 328
misdemeanor and, upon conviction, may be confined in the county 329
jail for not more than one (1) year, or fined not more than One 330
Thousand Dollars ($1,000.00), or both. 331
(4) It is unlawful for any person to place in any 332
newspaper, magazine, handbill, or other publication any 333
advertisement, knowing, or under circumstances where one 334
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reasonably should know, that the purpose of the advertisement, in 335
whole or in part, is to promote the sale of objects designed or 336
intended for use as paraphernalia. Any person who violates this 337
subsection is guilty of a misdemeanor and, upon conviction, may be 338
confined in the county jail for not more than six (6) months, or 339
fined not more than Five Hundred Dollars ($500.00), or both. 340
(e) It shall be unlawful for any physician practicing 341
medicine in this state to prescribe, dispense or administer any 342
amphetamine or amphetamine-like anorectics and/or central nervous 343
system stimulants classified in Schedule II, pursuant to Section 344
41-29-115, for the exclusive treatment of obesity, weight control 345
or weight loss. Any person who violates this subsection, upon 346
conviction, is guilty of a misdemeanor and may be confined for a 347
period not to exceed six (6) months, or fined not more than One 348
Thousand Dollars ($1,000.00), or both. 349
(f) Trafficking. (1) Any person trafficking in controlled 350
substances shall be guilty of a felony and, upon conviction, shall 351
be imprisoned for a term of not less than ten (10) years nor more 352
than forty (40) years and shall be fined not less than Five 353
Thousand Dollars ($5,000.00) nor more than One Million Dollars 354
($1,000,000.00). The ten-year mandatory sentence shall not be 355
reduced or suspended. The person shall not be eligible for 356
probation or parole, the provisions of Sections 41-29-149, 357
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 358
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(2) "Trafficking in controlled substances" as used 359
herein means: 360
(A) A violation of subsection (a) of this section 361
involving thirty (30) or more grams or forty (40) or more dosage 362
units of a Schedule I or II controlled substance except marijuana 363
and synthetic cannabinoids; 364
(B) A violation of subsection (a) of this section 365
involving five hundred (500) or more grams or two thousand five 366
hundred (2,500) or more dosage units of a Schedule III, IV or V 367
controlled substance; 368
(C) A violation of subsection (c) of this section 369
involving thirty (30) or more grams or forty (40) or more dosage 370
units of a Schedule I or II controlled substance except marijuana 371
and synthetic cannabinoids; 372
(D) A violation of subsection (c) of this section 373
involving five hundred (500) or more grams or two thousand five 374
hundred (2,500) or more dosage units of a Schedule III, IV or V 375
controlled substance; or 376
(E) A violation of subsection (a) of this section 377
involving one (1) kilogram or more of marijuana or two hundred 378
(200) grams or more of synthetic cannabinoids. 379
(g) Aggravated trafficking. Any person trafficking in 380
Schedule I or II controlled substances, except marijuana and 381
synthetic cannabinoids, of two hundred (200) grams or more shall 382
be guilty of aggravated trafficking and, upon conviction, shall be 383
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sentenced to a term of not less than twenty-five (25) years nor 384
more than life in prison and shall be fined not less than Five 385
Thousand Dollars ($5,000.00) nor more than One Million Dollars 386
($1,000,000.00). The twenty-five-year sentence shall be a 387
mandatory sentence and shall not be reduced or suspended. The 388
person shall not be eligible for probation or parole, the 389
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 390
the contrary notwithstanding. 391
(h) Sentence mitigation. (1) Notwithstanding any provision 392
of this section, a person who has been convicted of an offense 393
under this section that requires the judge to impose a prison 394
sentence which cannot be suspended or reduced and is ineligible 395
for probation or parole may, at the discretion of the court, 396
receive a sentence of imprisonment that is no less than 397
twenty-five percent (25%) of the sentence prescribed by the 398
applicable statute. In considering whether to apply the departure 399
from the sentence prescribed, the court shall conclude that: 400
(A) The offender was not a leader of the criminal 401
enterprise; 402
(B) The offender did not use violence or a weapon 403
during the crime; 404
(C) The offense did not result in a death or 405
serious bodily injury of a person not a party to the criminal 406
enterprise; and 407
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ST: Fentanyl; increase penalties for possession
of.
(D) The interests of justice are not served by the 408
imposition of the prescribed mandatory sentence. 409
The court may also consider whether information and 410
assistance were furnished to a law enforcement agency, or its 411
designee, which, in the opinion of the trial judge, objectively 412
should or would have aided in the arrest or prosecution of others 413
who violate this subsection. The accused shall have adequate 414
opportunity to develop and make a record of all information and 415
assistance so furnished. 416
(2) If the court reduces the prescribed sentence 417
pursuant to this subsection, it must specify on the record the 418
circumstances warranting the departure. 419
(i) This section does not apply to any of the actions that 420
are lawful under the Mississippi Medical Cannabis Act and in 421
compliance with rules and regulations adopted thereunder. 422
SECTION 2. This act shall take effect and be in force from 423
and after July 1, 2026, and shall stand repealed on June 30, 2026. 424