Simple possession of controlled substances; revise certain penalties.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2218

AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE PENALTIES FOR FIRST AND SECOND CONTROLLED SUBSTANCE 2
CRIMES; TO AMEND SECTION 41-29-147, MISSISSIPPI CODE OF 1972, TO 3
CONFORM; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 41-29-139, Mississippi Code of 1972, is 6
amended as follows: 7
41-29-139. (a) Transfer and possession with intent to 8
transfer. Except as authorized by this article, it is unlawful 9
for any person knowingly or intentionally: 10
(1) To sell, barter, transfer, manufacture, distribute, 11
dispense or possess with intent to sell, barter, transfer, 12
manufacture, distribute or dispense, a controlled substance; or 13
(2) To create, sell, barter, transfer, distribute, 14
dispense or possess with intent to create, sell, barter, transfer, 15
distribute or dispense, a counterfeit substance. 16
(b) Punishment for transfer and possession with intent to 17
transfer. Except as otherwise provided in Section 41-29-142, any 18
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person who violates subsection (a) of this section shall be, if 19
convicted, sentenced as follows: 20
(1) For controlled substances classified in Schedule I 21
or II, as set out in Sections 41-29-113 and 41-29-115, other than 22
marijuana or synthetic cannabinoids: 23
(A) If less than two (2) grams or ten (10) dosage 24
units, by imprisonment for not more than eight (8) years or a fine 25
of not more than Fifty Thousand Dollars ($50,000.00), or both. 26
(B) If two (2) or more grams or ten (10) or more 27
dosage units, but less than ten (10) grams or twenty (20) dosage 28
units, by imprisonment for not less than three (3) years nor more 29
than twenty (20) years or a fine of not more than Two Hundred 30
Fifty Thousand Dollars ($250,000.00), or both. 31
(C) If ten (10) or more grams or twenty (20) or 32
more dosage units, but less than thirty (30) grams or forty (40) 33
dosage units, by imprisonment for not less than five (5) years nor 34
more than thirty (30) years or a fine of not more than Five 35
Hundred Thousand Dollars ($500,000.00), or both. 36
(2) (A) For marijuana: 37
1. If thirty (30) grams or less, by 38
imprisonment for not more than three (3) years or a fine of not 39
more than Three Thousand Dollars ($3,000.00), or both; 40
2. If more than thirty (30) grams but less 41
than two hundred fifty (250) grams, by imprisonment for not more 42
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than five (5) years or a fine of not more than Five Thousand 43
Dollars ($5,000.00), or both; 44
3. If two hundred fifty (250) or more grams 45
but less than five hundred (500) grams, by imprisonment for not 46
less than three (3) years nor more than ten (10) years or a fine 47
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 48
4. If five hundred (500) or more grams but 49
less than one (1) kilogram, by imprisonment for not less than five 50
(5) years nor more than twenty (20) years or a fine of not more 51
than Twenty Thousand Dollars ($20,000.00), or both. 52
(B) For synthetic cannabinoids: 53
1. If ten (10) grams or less, by imprisonment 54
for not more than three (3) years or a fine of not more than Three 55
Thousand Dollars ($3,000.00), or both; 56
2. If more than ten (10) grams but less than 57
twenty (20) grams, by imprisonment for not more than five (5) 58
years or a fine of not more than Five Thousand Dollars 59
($5,000.00), or both; 60
3. If twenty (20) or more grams but less than 61
forty (40) grams, by imprisonment for not less than three (3) 62
years nor more than ten (10) years or a fine of not more than 63
Fifteen Thousand Dollars ($15,000.00), or both; 64
4. If forty (40) or more grams but less than 65
two hundred (200) grams, by imprisonment for not less than five 66
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(5) years nor more than twenty (20) years or a fine of not more 67
than Twenty Thousand Dollars ($20,000.00), or both. 68
(3) For controlled substances classified in Schedules 69
III and IV, as set out in Sections 41-29-117 and 41-29-119: 70
(A) If less than two (2) grams or ten (10) dosage 71
units, by imprisonment for not more than five (5) years or a fine 72
of not more than Five Thousand Dollars ($5,000.00), or both; 73
(B) If two (2) or more grams or ten (10) or more 74
dosage units, but less than ten (10) grams or twenty (20) dosage 75
units, by imprisonment for not more than eight (8) years or a fine 76
of not more than Fifty Thousand Dollars ($50,000.00), or both; 77
(C) If ten (10) or more grams or twenty (20) or 78
more dosage units, but less than thirty (30) grams or forty (40) 79
dosage units, by imprisonment for not more than fifteen (15) years 80
or a fine of not more than One Hundred Thousand Dollars 81
($100,000.00), or both; 82
(D) If thirty (30) or more grams or forty (40) or 83
more dosage units, but less than five hundred (500) grams or two 84
thousand five hundred (2,500) dosage units, by imprisonment for 85
not more than twenty (20) years or a fine of not more than Two 86
Hundred Fifty Thousand Dollars ($250,000.00), or both. 87
(4) For controlled substances classified in Schedule V, 88
as set out in Section 41-29-121: 89
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(A) If less than two (2) grams or ten (10) dosage 90
units, by imprisonment for not more than one (1) year or a fine of 91
not more than Five Thousand Dollars ($5,000.00), or both; 92
(B) If two (2) or more grams or ten (10) or more 93
dosage units, but less than ten (10) grams or twenty (20) dosage 94
units, by imprisonment for not more than five (5) years or a fine 95
of not more than Ten Thousand Dollars ($10,000.00), or both; 96
(C) If ten (10) or more grams or twenty (20) or 97
more dosage units, but less than thirty (30) grams or forty (40) 98
dosage units, by imprisonment for not more than ten (10) years or 99
a fine of not more than Twenty Thousand Dollars ($20,000.00), or 100
both; 101
(D) For thirty (30) or more grams or forty (40) or 102
more dosage units, but less than five hundred (500) grams or two 103
thousand five hundred (2,500) dosage units, by imprisonment for 104
not more than fifteen (15) years or a fine of not more than Fifty 105
Thousand Dollars ($50,000.00), or both. 106
(c) Simple possession. Except as otherwise provided under 107
subsection (i) of this section for actions that are lawful under 108
the Mississippi Medical Cannabis Act and in compliance with rules 109
and regulations adopted thereunder, it is unlawful for any person 110
knowingly or intentionally to possess any controlled substance 111
unless the substance was obtained directly from, or pursuant to, a 112
valid prescription or order of a practitioner while acting in the 113
course of his professional practice, or except as otherwise 114
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authorized by this article. The penalties for any violation of 115
this subsection (c) with respect to a controlled substance 116
classified in Schedules I, II, III, IV or V, as set out in Section 117
41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including 118
marijuana or synthetic cannabinoids, shall be based on dosage unit 119
as defined herein or the weight of the controlled substance as set 120
forth herein as appropriate: 121
"Dosage unit (d.u.)" means a tablet or capsule, or in the 122
case of a liquid solution, one (1) milliliter. In the case of 123
lysergic acid diethylamide (LSD) the term, "dosage unit" means a 124
stamp, square, dot, microdot, tablet or capsule of a controlled 125
substance. 126
For any controlled substance that does not fall within the 127
definition of the term "dosage unit," the penalties shall be based 128
upon the weight of the controlled substance. 129
The weight set forth refers to the entire weight of any 130
mixture or substance containing a detectable amount of the 131
controlled substance. 132
If a mixture or substance contains more than one (1) 133
controlled substance, the weight of the mixture or substance is 134
assigned to the controlled substance that results in the greater 135
punishment. 136
A person shall be charged and sentenced as follows for a 137
violation of this subsection * * *: 138
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(1) For a third or subsequent offense, a controlled 139
substance classified in Schedule I or II, except marijuana and 140
synthetic cannabinoids: 141
(A) If less than one-tenth (0.1) gram or two (2) 142
dosage units, the violation is a misdemeanor and punishable by 143
imprisonment for not more than one (1) year or a fine of not more 144
than One Thousand Dollars ($1,000.00), or both. 145
(B) If one-tenth (0.1) gram or more or two (2) or 146
more dosage units, but less than two (2) grams or ten (10) dosage 147
units, by imprisonment for not more than three (3) years or a fine 148
of not more than Fifty Thousand Dollars ($50,000.00), or both. 149
(C) If two (2) or more grams or ten (10) or more 150
dosage units, but less than ten (10) grams or twenty (20) dosage 151
units, by imprisonment for not more than eight (8) years or a fine 152
of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 153
or both. 154
(D) If ten (10) or more grams or twenty (20) or 155
more dosage units, but less than thirty (30) grams or forty (40) 156
dosage units, by imprisonment for not less than three (3) years 157
nor more than twenty (20) years or a fine of not more than Five 158
Hundred Thousand Dollars ($500,000.00), or both. 159
(2) (A) Marijuana and synthetic cannabinoids: 160
1. If thirty (30) grams or less of marijuana 161
or ten (10) grams or less of synthetic cannabinoids, by a fine of 162
not less than One Hundred Dollars ($100.00) nor more than Two 163
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Hundred Fifty Dollars ($250.00). The provisions of this paragraph 164
(2)(A) may be enforceable by summons if the offender provides 165
proof of identity satisfactory to the arresting officer and gives 166
written promise to appear in court satisfactory to the arresting 167
officer, as directed by the summons. A second conviction under 168
this section within two (2) years is a misdemeanor punishable by a 169
fine of Two Hundred Fifty Dollars ($250.00), not more than sixty 170
(60) days in the county jail, and mandatory participation in a 171
drug education program approved by the Division of Alcohol and 172
Drug Abuse of the State Department of Mental Health, unless the 173
court enters a written finding that a drug education program is 174
inappropriate. A third or subsequent conviction under this 175
paragraph (2)(A) within two (2) years is a misdemeanor punishable 176
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 177
more than One Thousand Dollars ($1,000.00) and confinement for not 178
more than six (6) months in the county jail. 179
Upon a first or second conviction under this paragraph 180
(2)(A), the courts shall forward a report of the conviction to the 181
Mississippi Bureau of Narcotics which shall make and maintain a 182
private, nonpublic record for a period not to exceed two (2) years 183
from the date of conviction. The private, nonpublic record shall 184
be solely for the use of the courts in determining the penalties 185
which attach upon conviction under this paragraph (2)(A) and shall 186
not constitute a criminal record for the purpose of private or 187
administrative inquiry and the record of each conviction shall be 188
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expunged at the end of the period of two (2) years following the 189
date of such conviction; 190
2. Additionally, a person who is the operator 191
of a motor vehicle, who possesses on his person or knowingly keeps 192
or allows to be kept in a motor vehicle within the area of the 193
vehicle normally occupied by the driver or passengers, more than 194
one (1) gram, but not more than thirty (30) grams of marijuana or 195
not more than ten (10) grams of synthetic cannabinoids is guilty 196
of a misdemeanor and, upon conviction, may be fined not more than 197
One Thousand Dollars ($1,000.00) or confined for not more than 198
ninety (90) days in the county jail, or both. For the purposes of 199
this subsection, such area of the vehicle shall not include the 200
trunk of the motor vehicle or the areas not normally occupied by 201
the driver or passengers if the vehicle is not equipped with a 202
trunk. A utility or glove compartment shall be deemed to be 203
within the area occupied by the driver and passengers. 204
(B) For a third or subsequent offense, marijuana: 205
1. If more than thirty (30) grams but less 206
than two hundred fifty (250) grams, by a fine of not more than One 207
Thousand Dollars ($1,000.00), or confinement in the county jail 208
for not more than one (1) year, or both; or by a fine of not more 209
than Three Thousand Dollars ($3,000.00), or imprisonment in the 210
custody of the Department of Corrections for not more than three 211
(3) years, or both; 212
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2. If two hundred fifty (250) or more grams 213
but less than five hundred (500) grams, by imprisonment for not 214
less than two (2) years nor more than eight (8) years or by a fine 215
of not more than Fifty Thousand Dollars ($50,000.00), or both; 216
3. If five hundred (500) or more grams but 217
less than one (1) kilogram, by imprisonment for not less than four 218
(4) years nor more than sixteen (16) years or a fine of not more 219
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 220
4. If one (1) kilogram or more but less than 221
five (5) kilograms, by imprisonment for not less than six (6) 222
years nor more than twenty-four (24) years or a fine of not more 223
than Five Hundred Thousand Dollars ($500,000.00), or both; 224
5. If five (5) kilograms or more, by 225
imprisonment for not less than ten (10) years nor more than thirty 226
(30) years or a fine of not more than One Million Dollars 227
($1,000,000.00), or both. 228
(C) For a third or subsequent offense, synthetic 229
cannabinoids: 230
1. If more than ten (10) grams but less than 231
twenty (20) grams, by a fine of not more than One Thousand Dollars 232
($1,000.00), or confinement in the county jail for not more than 233
one (1) year, or both; or by a fine of not more than Three 234
Thousand Dollars ($3,000.00), or imprisonment in the custody of 235
the Department of Corrections for not more than three (3) years, 236
or both; 237
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2. If twenty (20) or more grams but less than 238
forty (40) grams, by imprisonment for not less than two (2) years 239
nor more than eight (8) years or by a fine of not more than Fifty 240
Thousand Dollars ($50,000.00), or both; 241
3. If forty (40) or more grams but less than 242
two hundred (200) grams, by imprisonment for not less than four 243
(4) years nor more than sixteen (16) years or a fine of not more 244
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 245
4. If two hundred (200) or more grams, by 246
imprisonment for not less than six (6) years nor more than 247
twenty-four (24) years or a fine of not more than Five Hundred 248
Thousand Dollars ($500,000.00), or both. 249
(3) For a third or subsequent offense, a controlled 250
substance classified in Schedule III, IV or V as set out in 251
Sections 41-29-117 through 41-29-121, upon conviction, may be 252
punished as follows: 253
(A) If less than fifty (50) grams or less than one 254
hundred (100) dosage units, the offense is a misdemeanor and 255
punishable by not more than one (1) year or a fine of not more 256
than One Thousand Dollars ($1,000.00), or both. 257
(B) If fifty (50) or more grams or one hundred 258
(100) or more dosage units, but less than one hundred fifty (150) 259
grams or five hundred (500) dosage units, by imprisonment for not 260
less than one (1) year nor more than four (4) years or a fine of 261
not more than Ten Thousand Dollars ($10,000.00), or both. 262
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(C) If one hundred fifty (150) or more grams or 263
five hundred (500) or more dosage units, but less than three 264
hundred (300) grams or one thousand (1,000) dosage units, by 265
imprisonment for not less than two (2) years nor more than eight 266
(8) years or a fine of not more than Fifty Thousand Dollars 267
($50,000.00), or both. 268
(D) If three hundred (300) or more grams or one 269
thousand (1,000) or more dosage units, but less than five hundred 270
(500) grams or two thousand five hundred (2,500) dosage units, by 271
imprisonment for not less than four (4) years nor more than 272
sixteen (16) years or a fine of not more than Two Hundred Fifty 273
Thousand Dollars ($250,000.00), or both. 274
(4) For a first or second offense, a person who is 275
charged with simple possession of a controlled substance, other 276
than thirty (30) grams or less of marijuana or ten (10) grams or 277
less of synthetic cannabinoids, shall be sentenced as follows: 278
(A) For the first offense, a misdemeanor 279
punishable by imprisonment for not more than six (6) months, or a 280
fine of not more than One Hundred Dollars ($100.00), or both. 281
(B) For the second offense, a misdemeanor 282
punishable by imprisonment for not more than one (1) year, or a 283
fine of not more than Two Hundred Dollars ($200.00), or both. 284
(C) For the third offense, the penalties as 285
provided in Section 41-29-139, or probation. 286
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(5) A person sentenced for simple possession of a 287
controlled substance after the effective date of this act is 288
subject to the penalties in Section 41-29-147 only after a fourth 289
or subsequent simple possession conviction. 290
(6) Nothing in this section limits a judge's ability to 291
suspend any penalty as provided by Section 41-29-149. 292
(7) A person convicted of possession of thirty (30) 293
grams or less of marijuana or ten (10) grams or less of synthetic 294
cannabinoids is subject to the penalties provided in paragraph 295
(2)(A) of this subsection (c). 296
(d) Paraphernalia. (1) Except as otherwise provided under 297
subsection (i) of this section for actions that are lawful under 298
the Mississippi Medical Cannabis Act and in compliance with rules 299
and regulations adopted thereunder, it is unlawful for a person 300
who is not authorized by the State Board of Medical Licensure, 301
State Board of Pharmacy, or other lawful authority to use, or to 302
possess with intent to use, paraphernalia to plant, propagate, 303
cultivate, grow, harvest, manufacture, compound, convert, produce, 304
process, prepare, test, analyze, pack, repack, store, contain, 305
conceal, inject, ingest, inhale or otherwise introduce into the 306
human body a controlled substance in violation of the Uniform 307
Controlled Substances Law. Any person who violates this 308
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 309
may be confined in the county jail for not more than six (6) 310
months, or fined not more than Five Hundred Dollars ($500.00), or 311
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both; however, no person shall be charged with a violation of this 312
subsection when such person is also charged with the possession of 313
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 314
of this section. 315
(2) It is unlawful for any person to deliver, sell, 316
possess with intent to deliver or sell, or manufacture with intent 317
to deliver or sell, paraphernalia, knowing, or under circumstances 318
where one reasonably should know, that it will be used to plant, 319
propagate, cultivate, grow, harvest, manufacture, compound, 320
convert, produce, process, prepare, test, analyze, pack, repack, 321
store, contain, conceal, inject, ingest, inhale, or otherwise 322
introduce into the human body a controlled substance in violation 323
of the Uniform Controlled Substances Law. Except as provided in 324
subsection (d)(3), a person who violates this subsection (d)(2) is 325
guilty of a misdemeanor and, upon conviction, may be confined in 326
the county jail for not more than six (6) months, or fined not 327
more than Five Hundred Dollars ($500.00), or both. 328
(3) Any person eighteen (18) years of age or over who 329
violates subsection (d)(2) of this section by delivering or 330
selling paraphernalia to a person under eighteen (18) years of age 331
who is at least three (3) years his junior is guilty of a 332
misdemeanor and, upon conviction, may be confined in the county 333
jail for not more than one (1) year, or fined not more than One 334
Thousand Dollars ($1,000.00), or both. 335
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(4) It is unlawful for any person to place in any 336
newspaper, magazine, handbill, or other publication any 337
advertisement, knowing, or under circumstances where one 338
reasonably should know, that the purpose of the advertisement, in 339
whole or in part, is to promote the sale of objects designed or 340
intended for use as paraphernalia. Any person who violates this 341
subsection is guilty of a misdemeanor and, upon conviction, may be 342
confined in the county jail for not more than six (6) months, or 343
fined not more than Five Hundred Dollars ($500.00), or both. 344
(e) It shall be unlawful for any physician practicing 345
medicine in this state to prescribe, dispense or administer any 346
amphetamine or amphetamine-like anorectics and/or central nervous 347
system stimulants classified in Schedule II, pursuant to Section 348
41-29-115, for the exclusive treatment of obesity, weight control 349
or weight loss. Any person who violates this subsection, upon 350
conviction, is guilty of a misdemeanor and may be confined for a 351
period not to exceed six (6) months, or fined not more than One 352
Thousand Dollars ($1,000.00), or both. 353
(f) Trafficking. (1) Any person trafficking in controlled 354
substances shall be guilty of a felony and, upon conviction, shall 355
be imprisoned for a term of not less than ten (10) years nor more 356
than forty (40) years and shall be fined not less than Five 357
Thousand Dollars ($5,000.00) nor more than One Million Dollars 358
($1,000,000.00). The ten-year mandatory sentence shall not be 359
reduced or suspended. The person shall not be eligible for 360
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probation or parole, the provisions of Sections 41-29-149, 361
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 362
(2) "Trafficking in controlled substances" as used 363
herein means: 364
(A) A violation of subsection (a) of this section 365
involving thirty (30) or more grams or forty (40) or more dosage 366
units of a Schedule I or II controlled substance except marijuana 367
and synthetic cannabinoids; 368
(B) A violation of subsection (a) of this section 369
involving five hundred (500) or more grams or two thousand five 370
hundred (2,500) or more dosage units of a Schedule III, IV or V 371
controlled substance; 372
(C) A violation of subsection (c) of this section 373
involving thirty (30) or more grams or forty (40) or more dosage 374
units of a Schedule I or II controlled substance except marijuana 375
and synthetic cannabinoids; 376
(D) A violation of subsection (c) of this section 377
involving five hundred (500) or more grams or two thousand five 378
hundred (2,500) or more dosage units of a Schedule III, IV or V 379
controlled substance; or 380
(E) A violation of subsection (a) of this section 381
involving one (1) kilogram or more of marijuana or two hundred 382
(200) grams or more of synthetic cannabinoids. 383
(g) Aggravated trafficking. Any person trafficking in 384
Schedule I or II controlled substances, except marijuana and 385
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synthetic cannabinoids, of two hundred (200) grams or more shall 386
be guilty of aggravated trafficking and, upon conviction, shall be 387
sentenced to a term of not less than twenty-five (25) years nor 388
more than life in prison and shall be fined not less than Five 389
Thousand Dollars ($5,000.00) nor more than One Million Dollars 390
($1,000,000.00). The twenty-five-year sentence shall be a 391
mandatory sentence and shall not be reduced or suspended. The 392
person shall not be eligible for probation or parole, the 393
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 394
the contrary notwithstanding. 395
(h) Sentence mitigation. (1) Notwithstanding any provision 396
of this section, a person who has been convicted of an offense 397
under this section that requires the judge to impose a prison 398
sentence which cannot be suspended or reduced and is ineligible 399
for probation or parole may, at the discretion of the court, 400
receive a sentence of imprisonment that is no less than 401
twenty-five percent (25%) of the sentence prescribed by the 402
applicable statute. In considering whether to apply the departure 403
from the sentence prescribed, the court shall conclude that: 404
(A) The offender was not a leader of the criminal 405
enterprise; 406
(B) The offender did not use violence or a weapon 407
during the crime; 408
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(C) The offense did not result in a death or 409
serious bodily injury of a person not a party to the criminal 410
enterprise; and 411
(D) The interests of justice are not served by the 412
imposition of the prescribed mandatory sentence. 413
The court may also consider whether information and 414
assistance were furnished to a law enforcement agency, or its 415
designee, which, in the opinion of the trial judge, objectively 416
should or would have aided in the arrest or prosecution of others 417
who violate this subsection. The accused shall have adequate 418
opportunity to develop and make a record of all information and 419
assistance so furnished. 420
(2) If the court reduces the prescribed sentence 421
pursuant to this subsection, it must specify on the record the 422
circumstances warranting the departure. 423
(i) This section does not apply to any of the actions that 424
are lawful under the Mississippi Medical Cannabis Act and in 425
compliance with rules and regulations adopted thereunder. 426
SECTION 2. Section 41-29-147, Mississippi Code of 1972, is 427
amended as follows: 428
41-29-147. Except as otherwise provided in Section 429
41-29-142, any person convicted of a * * * fourth or subsequent 430
offense under this article may be imprisoned for a term up to 431
twice the term otherwise authorized, fined an amount up to twice 432
that otherwise authorized, or both. 433
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ST: Simple possession of controlled substances;
revise certain penalties.
For purposes of this section, an offense is considered a 434
second or subsequent offense, if, prior to his conviction of the 435
offense, the offender has at any time been convicted under this 436
article or under any statute of the United States or of any state 437
relating to narcotic drugs, * * * marijuana, depressant, stimulant 438
or hallucinogenic drugs. 439
SECTION 3. This act shall take effect and be in force from 440
and after July 1, 2026. 441