Marijuana; legalize.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2220

AN ACT TO AMEND SECTION 41-29-113, MISSISSIPPI CODE OF 1972, 1
TO REMOVE MARIJUANA FROM THE LIST OF SCHEDULE I CONTROLLED 2
SUBSTANCES; TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, 3
TO CONFORM THE PENALTY FOR POSSESSION OF CONTROLLED SUBSTANCES 4
OTHER THAN MARIJUANA; TO AMEND SECTION 41-29-105, MISSISSIPPI CODE 5
OF 1972, TO CONFORM DEFINITIONS FOR THE UNIFORM CONTROLLED 6
SUBSTANCES ACT; TO AMEND SECTION 41-29-136, MISSISSIPPI CODE OF 7
1972, TO CONFORM AND TO EXTEND THE REPEALER; TO AMEND SECTIONS 8
33-13-520, 41-29-147, 41-29-149.1 AND 41-29-150, MISSISSIPPI CODE 9
OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 41-29-113, Mississippi Code of 1972, is 12
amended as follows: 13
41-29-113. 14
SCHEDULE I 15
(a) Schedule I consists of the drugs and other substances, 16
by whatever official name, common or usual name, chemical name, or 17
brand name designated, that is listed in this section. 18
(b) Opiates. Unless specifically excepted or unless listed 19
in another schedule, any of the following opiates, including their 20
isomers, esters, ethers, salts and salts of isomers, esters and 21
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ethers, whenever the existence of these isomers, esters, ethers 22
and salts is possible within the specific chemical designation: 23
(1) Acetyl-alpha-methylfentanyl 24
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); 25
(2) Acetylmethadol; 26
(3) Acetyl fentanyl 27
(N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); 28
(4) Acryl fentanyl 29
(N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide), also known as 30
acryloylfentanyl; 31
(5) AH-7921 (3,4-dichloro-N-[(1-dimethylamino) 32
cyclohexylmethyl]benzamide); 33
(6) Allylprodine; 34
(7) Alphacetylmethadol, except levo-alphacetylmethadol 35
(levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM); 36
(8) Alphameprodine; 37
(9) Alphamethadol; 38
(10) Alpha′-methyl butyryl fentanyl 39
(2-methyl-N-1-phenethylpiperidin-4-yl)-N-phenylbutanamide); 40
(11) Alpha-Methylfentanyl 41
(N-[1-alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 42
1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine); 43
(12) Alpha-Methylthiofentanyl 44
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide45
); 46
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(13) Benzethidine; 47
(14) Betacetylmethadol; 48
(15) Beta-Hydroxyfentanyl 49
(N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); 50
(16) Beta-Hydroxy-3-methylfentanyl 51
(N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpr52
opanamide); 53
(17) Beta-Hydroxythiofentanyl 54
(N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpr55
opionamide); 56
(18) Betameprodine; 57
(19) Betamethadol; 58
(20) Beta-Methyl fentanyl 59
(N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide), also 60
known as β-methyl fentanyl; 61
(21) Beta'-Phenyl fentanyl 62
(N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide), also 63
known as β'-phenyl fentanyl or 3-phenylpropanoyl fentanyl; 64
(22) Betaprodine; 65
(23) Brorphine (1–(1–(1–66
(4-bromophenyl)ethyl)piperidin-4–yl)–67
1,3-dihydro-2H-benzo[d]imidazol-2-one); 68
(24) Butyrl fentanyl 69
(N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide); 70
(25) Clonitazene; 71
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(26) Crotonyl fentanyl 72
((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide); 73
(27) Cyclopentyl fentanyl 74
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide); 75
(28) Cyclopropyl fentanyl 76
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide); 77
(29) Dextromoramide; 78
(30) Diampromide; 79
(31) Diethylthiambutene; 80
(32) Difenoxin; 81
(33) Dimenoxadol; 82
(34) Dimepheptanol; 83
(35) 2′,5′-dimethoxyfentanyl 84
(N-1-2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropionamide); 85
(36) Dimethylthiambutene; 86
(37) Dioxaphetyl butyrate; 87
(38) Dipipanone; 88
(39) Ethylmethylthiambutene; 89
(40) Etodesnitazene 90
(2-2-4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amin91
e, also known as etazene; 92
(41) Etonitazene; 93
(42) Etoxeridine; 94
(43) Fentanyl carbamate 95
(ethyl(1-phenethylpiperidin-4-yl)(phenyl)carbamate); 96
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(44) Fentanyl-related substances, meaning any substance 97
not otherwise listed under another schedule and for which no 98
exemption or approval is in effect under Section 505 of the 99
Federal Food, Drug, and Cosmetic Act [21 USC 355] that is 100
structurally related to fentanyl by one or more of the following 101
modifications: 102
(A) Replacement of the phenyl portion of the 103
phenethyl group by any monocycle, whether or not further 104
substituted in or on the monocycle; 105
(B) Substitution in or on the phenethyl group with 106
alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro 107
groups; 108
(C) Substitution in or on the piperidine ring with 109
alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, 110
amino or nitro groups; 111
(D) Replacement of the aniline ring with any 112
aromatic monocycle whether or not further substituted in or on the 113
aromatic monocycle; and/or 114
(E) Replacement of the N-propionyl group by 115
another acyl group. 116
(45) 4-Fluoroisobutyryl fentanyl 117
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide), 118
also known as para-fluoroisobutyryl fentanyl); 119
(46) 2'-Fluoro ortho-fluorofentanyl 120
(N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl) 121
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propionamide), also known as 2'-fluoro 2-fluorofentanyl; 122
(47) Furanyl fentanyl 123
(N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide); 124
(48) 3-furanyl fentanyl 125
(N-1-phenethylpiperidin-4-yl)-N-phenylfuran-3-carboxamide); 126
(49) Furethidine; 127
(50) Hydroxypethidine; 128
(51) Isobutyryl fentanyl 129
(N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide); 130
(52) Isotonitazene (N,N-diethyl-2-(2-(4 131
isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine); 132
(53) Isovaleryl fentanyl 133
(3-methyl-N-1-phenethylpiperidin-4-yl)-N-phenylbutanamide); 134
(54) Ketobemidone (including the optical and geometric 135
isomers); 136
(55) Levomoramide; 137
(56) Levophenacylmorphan; 138
(57) Meta-fluorofentanyl 139
(N-3-fluorophenyl)-N-1-phenethylpiperidin-4-yl)propionamide); 140
(58) Meta-fluoroisobutyryl fentanyl 141
(N-(3-fluorophenyl)-N-1-phenethylpiperidin-4-yl)isobutyramide); 142
(59) Methoxyacetyl fentanyl 143
(2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); 144
(60) 4'-Methyl acetyl fentanyl 145
(N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide); 146
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(61) 2-methyl AP–237 147
(1-2-methyl-4-3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1-one; 148
(62) 3-Methylfentanyl 149
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide); 150
(63) 3-Methylthiofentanyl (N-[3-methyl-1- 151
(2-thienylethyl)-4-piperidinyl]-N-phenylpropanamide); 152
(64) Para-methoxyfuranyl fentanyl 153
(N-(4-methoxyphenyl)-N-1-phenethylpiperidin-4-yl)furan-2-carboxami154
de); 155
(65) Metonitazene 156
(N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)e157
than-1-amine (metonitazene); 158
(66) Morpheridine; 159
(67) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); 160
(68) MT-45 161
(1-cyclohexyl-4-(1,2-diphenylethyl)piperazine); 162
(69) N-pyrrolidino etonitazene 163
2-4-ethoxybenzyl)-5-nitro-1-2-pyrrolidin-1-yl)ethyl)-1H-benzimidaz164
ole, also known as etonitazepyne; 165
(70) Noracymethadol; 166
(71) Norlevorphanol; 167
(72) Normethadone; 168
(73) Norpipanone; 169
(74) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N- 170
(1-phenethylpiperidin-4-yl)acetamide); 171
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(75) Ortho-Fluoroacryl fentanyl 172
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide); 173
(76) Ortho-Fluorobutyryl fentanyl 174
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide), also 175
known as 2-fluorobutyryl fentanyl; 176
(77) Ortho-Fluorofentanyl 177
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide), 178
also known as 2-fluorofentanyl; 179
(78) Ortho-fluorofuranyl fentanyl 180
(N-2-fluorophenyl)-N-1-phenethylpiperidin-4-yl)furan-2-carboxamide181
); 182
(79) Ortho-Fluoroisobutyryl fentanyl 183
(N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide); 184
(80) Ortho-Methyl acetylfentanyl 185
(N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide), also 186
known as 2-methyl acetylfentanyl; 187
(81) Ortho-Methyl methoxyacetyl fentanyl 188
(2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl) 189
acetamide), also known as 2-methyl methoxyacetyl fentanyl; 190
(82) Para-Chloroisobutyryl fentanyl 191
(N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide); 192
(83) Para-Fluorobutyryl fentanyl 193
(N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide); 194
(84) Para-Fluorofentanyl (N-(4-fluorophenyl) 195
-N-[1-(2-phenylethyl)-4-piperidinyl]propanamide); 196
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(85) Para-Fluoro furanyl fentanyl N-(4-fluorophenyl)-N- 197
(1-phenethylpiperidin-4-yl)furan-2-carboxamide); 198
(86) Para-Methoxybutyryl fentanyl 199
(N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide); 200
(87) Para-methylcyclopropyl fentanyl 201
(N-4-methylphenyl)-N-1-phenethylpiperidin-4-yl)cyclopropanecarboxa202
mide); 203
(88) Para-Methylfentanyl 204
(N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide), 205
also known as 4-methylfentanyl); 206
(89) PEPAP 207
(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine); 208
(90) Phenadoxone; 209
(91) Phenampromide; 210
(92) Phenomorphan; 211
(93) Phenoperidine; 212
(94) Phenyl fentanyl 213
(N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide), also known as 214
benzoyl fentanyl; 215
(95) Piritramide; 216
(96) Proheptazine; 217
(97) Properidine; 218
(98) Propiram; 219
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(99) Protonitazene 220
N,N-diethyl-2-5-nitro-2-4-propoxybenzyl)-1H-benzimidazol-1-yl)etha221
n-1-amine; 222
(100) Racemoramide; 223
(101) Tetrahydrofuranyl fentanyl 224
(N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2- 225
carboxamide); 226
(102) Thiofentanyl 227
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]propanamide); 228
(103) Thiofuranyl fentanyl 229
(N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide), 230
also known as 2-thiofuranyl fentanyl or thiophene fentanyl; 231
(104) Tilidine; 232
(105) Trimeperidine; 233
(106) U-47700, (3,4-dichloro-N- 234
[2-(dimethylamino)cyclohexyl]-N-methylbenzamide); 235
(107) Valeryl fentanyl 236
(N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide). 237
(c) Opium derivatives. Unless specifically excepted or 238
unless listed in another schedule, any of the following opium 239
derivatives, their salts, isomers and salts of isomers, whenever 240
the existence of these salts, isomers and salts of isomers is 241
possible within the specific chemical designation: 242
(1) Acetorphine; 243
(2) Acetyldihydrocodeine; 244
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(3) Benzylmorphine; 245
(4) Codeine methylbromide; 246
(5) Codeine-N-Oxide; 247
(6) Cyprenorphine; 248
(7) Desomorphine; 249
(8) Dihydromorphine; 250
(9) Drotebanol; 251
(10) Etorphine (except hydrochloride salt); 252
(11) Heroin; 253
(12) Hydromorphinol; 254
(13) Methyldesorphine; 255
(14) Methyldihydromorphine; 256
(15) Monoacetylmorphine; 257
(16) Morphine methylbromide; 258
(17) Morphine methylsulfonate; 259
(18) Morphine-N-Oxide; 260
(19) Myrophine; 261
(20) Nicocodeine; 262
(21) Nicomorphine; 263
(22) Normorphine; 264
(23) Pholcodine; 265
(24) Thebacon. 266
(d) Hallucinogenic substances. Unless specifically excepted 267
or unless listed in another schedule, any material, compound, 268
mixture or preparation which contains any quantity of the 269
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following substances, their salts, isomers (whether optical, 270
positional, or geometric) and salts of isomers, whenever the 271
existence of these salts, isomers and salts of isomers is possible 272
within the specific chemical designation: 273
(1) Alpha-ethyltryptamine; 274
(2) 4-bromo-2,5-dimethoxy-amphetamine; 275
(3) 4-bromo-2,5-dimethoxyphenethylamine; 276
(4) 2,5-dimethoxyamphetamine; 277
(5) 2,5-dimethoxy-4-ethylamphetamine (DOET); 278
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine 279
(2C-T-7); 280
(7) 4-methoxyamphetamine; 281
(8) 5-methoxy-3,4-methylenedioxy-amphetamine; 282
(9) 4-methyl-2,5-dimethoxy-amphetamine; 283
(10) 3,4-methylenedioxy amphetamine; 284
(11) 3,4-methylenedioxymethamphetamine (MDMA); 285
(12) 3,4-methylenedioxy-N-ethylamphetamine (also known 286
as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl 287
MDA, MDE, MDEA); 288
(13) N-hydroxy-3,4-methylenedioxyamphetamine (also 289
known as N-hydroxy MDA, N-OHMDA, and 290
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine); 291
(14) 3,4,5-trimethoxy amphetamine; 292
(15) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 293
(16) Alpha-methyltryptamine (also known as AMT); 294
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(17) Bufotenine; 295
(18) Diethyltryptamine; 296
(19) Dimethyltryptamine; 297
(20) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT); 298
(21) Ibogaine; 299
(22) Lysergic acid diethylamide (LSD); 300
(23) * * * [Deleted] 301
(24) Mescaline; 302
(25) Parahexyl; 303
(26) Peyote; 304
(27) N-ethyl-3-piperidyl benzilate; 305
(28) N-methyl-3-piperidyl benzilate; 306
(29) Psilocybin; 307
(30) Psilocyn; 308
(31) Tetrahydrocannabinols, meaning 309
tetrahydrocannabinols contained in a plant of the genus Cannabis 310
(cannabis plant), as well as the synthetic equivalents of the 311
substances contained in the cannabis plant, or in the resinous 312
extractives of such plant, and/or synthetic substances, 313
derivatives, and their isomers with similar chemical structure and 314
pharmacological activity to those substances contained in the 315
plant such as the following: 316
(A) 1 cis or trans tetrahydrocannabinol; 317
(B) 6 cis or trans tetrahydrocannabinol; 318
(C) 3,4 cis or trans tetrahydrocannabinol. 319
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(Since nomenclature of these substances is not 320
internationally standardized, compounds of these structures, 321
regardless of atomic positions, are covered.) 322
("Tetrahydrocannabinols" excludes dronabinol and nabilone.) 323
For purposes of this paragraph, tetrahydrocannabinols do not 324
include hemp or hemp products regulated under Sections 69-25-201 325
through 69-25-221. 326
However, the following products are exempted from control: 327
(i) THC-containing industrial products made 328
from cannabis stalks (e.g., paper, rope and clothing); 329
(ii) Processed cannabis plant materials used 330
for industrial purposes, such as fiber retted from cannabis stalks 331
for use in manufacturing textiles or rope; 332
(iii) Animal feed mixtures that contain 333
sterilized cannabis seeds and other ingredients (not derived from 334
the cannabis plant) in a formula designed, marketed and 335
distributed for nonhuman consumption; 336
(iv) Personal care products that contain oil 337
from sterilized cannabis seeds, such as shampoos, soaps, and body 338
lotions (if the products do not cause THC to enter the human 339
body); 340
(v) Hemp as regulated under Sections 341
69-25-201 through 69-25-221; and 342
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(vi) Any product derived from the hemp plant 343
designed for human ingestion and/or consumption that is approved 344
by the United States Food and Drug Administration; 345
(32) Phencyclidine; 346
(33) Ethylamine analog of phencyclidine (PCE); 347
(34) Pyrrolidine analog of phencyclidine (PHP, PCPy); 348
(35) Thiophene analog of phencyclidine; 349
(36) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine (TCPy); 350
(37) 4-methylmethcathinone (mephedrone); 351
(38) 3,4-methylenedioxypyrovalerone (MDPV); 352
(39) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine (2C-E); 353
(40) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D); 354
(41) 2-(4-chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); 355
(42) 2-(4-iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); 356
or 2,5-dimethoxy-4-iodophenethylamine; 357
(43) 2-[4-(ethylthio)-2,5-dimethoxyphenyl]ethanamine 358
(2C-T-2); 359
(44) 360
2-[4-(isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4); 361
(45) 2-(2,5-dimethoxyphenyl)ethanamine (2C-H); 362
(46) 2-(2,5-dimethoxy-4-nitro-phenyl)ethanamine (2C-N); 363
(47) 2-(2,5-dimethoxy-4-(n)-propylphenyl)ethanamine 364
(2C-P); 365
(48) 3,4-methylenedioxy-N-methylcathinone(methylone); 366
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(49) 367
2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine 368
(25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36); 369
(50) 370
2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine 371
(25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82); 372
(51) 373
2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine or 374
N-[(2-methoxyphenyl)methyl]ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; 375
Cimbi-5); 376
(52) 7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1, 377
4-benzodiazepin-2-one (also known as Phenazepam); 378
(53) 7-(2-chlorophenyl)-4-ethyl-13-methyl-3-thia-1,8, 379
11,12-tetraazatricyclo[8.3.0.0]trideca-2(6),4,7,10,12-pentaene 380
(also known as Etizolam); 381
(54) Salvia divinorum; 382
(55) Synthetic cannabinoids. Unless specifically 383
excepted or unless listed in another schedule, any material, 384
compound, mixture, or preparation which contains any quantity of a 385
synthetic cannabinoid found in any of the following chemical 386
groups, whether or not substituted to any extent, or any of those 387
groups which contain any synthetic cannabinoid salts, isomers, or 388
salts of isomers, whenever the existence of such salts, isomers, 389
or salts of isomers is possible within the specific chemical 390
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designation, including all synthetic cannabinoid chemical 391
analogues in such groups: 392
(A) (6aR,10aR)-9-(hydroxymethyl)-6, 393
6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 394
chromen-1-ol (also known as HU-210 or 395
1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol); 396
(B) Naphthoylindoles and naphthylmethylindoles, 397
being any compound structurally derived from 3-(1-naphthoyl)indole 398
or 1H-indol-3-yl-(1-naphthyl)methane, whether or not substituted 399
in the indole ring to any extent, or in the naphthyl ring to any 400
extent; 401
(C) Naphthoylpyrroles, being any compound 402
structurally derived from 3-(1-naphthoyl)pyrrole, whether or not 403
substituted in the pyrrole ring to any extent, or in the naphthyl 404
ring to any extent; 405
(D) Naphthylmethylindenes, being any compound 406
structurally derived from 1-(1-naphthylmethyl)indene, whether or 407
not substituted in the indene ring to any extent or in the 408
naphthyl ring to any extent; 409
(E) Phenylacetylindoles, being any compound 410
structurally derived from 3-phenylacetylindole, whether or not 411
substituted in the indole ring to any extent or in the phenyl ring 412
to any extent; 413
(F) Cyclohexylphenols, being any compound 414
structurally derived from 2-(3-hydroxycyclohexyl)phenol, whether 415
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or not substituted in the cyclohexyl ring to any extent or in the 416
phenolic ring to any extent; 417
(G) Benzoylindoles, whether or not substituted in 418
the indole ring to any extent or in the phenyl ring to any extent; 419
(H) Adamantoylindoles, whether or not substituted 420
in the indole ring to any extent or in the adamantoyl ring system 421
to any extent; 422
(I) Tetrahydro derivatives of cannabinol and 423
3-alkyl homologues of cannabinol or of its tetrahydro derivatives, 424
except where contained in cannabis or cannabis resin; 425
(J) 3-Cyclopropylmethanone indole or 426
3-Cyclobutylmethanone indole or 3-Cyclopentylmethanone indole by 427
substitution at the nitrogen atom of the indole ring, whether or 428
not further substituted in the indole ring to any extent, whether 429
or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl 430
rings to any extent; 431
(K) Quinolinyl ester indoles, being any compound 432
structurally derived from 1H-indole-3carboxylic acid-8-quinolinyl 433
ester, whether or not substituted in the indole ring to any extent 434
or the quinolone ring to any extent; 435
(L) 3-carboxamide-1H-indazoles, whether or not 436
substituted in the indazole ring to any extent and substituted to 437
any degree on the carboxamide nitrogen and 438
3-carboxamide-1H-indoles, whether or not substituted in the indole 439
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ring to any extent and substituted to any degree on the 440
carboxamide nitrogen; 441
(M) Cycloalkanemethanone Indoles, whether or not 442
substituted at the nitrogen atom on the indole ring, whether or 443
not further substituted in the indole ring to any extent, whether 444
or not substituted on the cycloalkane ring to any extent; 445
(56) Naphthalen-1-yl 446
1-(5-fluoropentyl)-1H-indole-3-carboxylate, also known as NM2201 447
or CBL2201; 448
(57) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H- 449
pyrrolo[2,3-b]pyridine-3-carboxamide, also known as 450
5F-CUMYL-P7AICA or SGT-25; 451
(58) Methyl 452
2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutano453
ate, also known as 4F-MDMB-BINACA or 4F-MDMB-BUTINACA); 454
(59) 1-(4-methoxyphenyl)-N-methylpropan-2-amine, also 455
known as para-methoxymethamphetamine or PMMA; 456
(60) Ethyl 2-(1-(5-fluoropentyl) 457
-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, also known as 458
5F-EDMB-PINACA; 459
(61) Methyl 460
2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoa461
te, also known as 5F-MDMB-PICA or 5F-MDMB-2201; 462
(62) 463
N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, 464
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also known as FUB-AKB48 or FUB-APINACA or AKB48 465
N-(4-fluorobenzyl); 466
(63) 467
(1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)468
methanone, also known as FUB-144; 469
(64) N-ethylhexedrone, also known as 470
α-ethylaminohexanophenone or 2-(ethylamino)-1-phenylhexan-1-one; 471
(65) Alpha-pyrrolidinohexanophenone, also known as 472
α-PHP or α-pyrrolidinohexanophenone or 473
1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one); 474
(66) 4-methyl-alpha-ethylaminopentiophenone, also known 475
as 4-MEAP or 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one); 476
(67) 4'-methyl-alpha-pyrrolidinohexiophenone, also 477
known as MPHP or 4'-methyl-alpha-pyrrolidinohexanophenone or 478
1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one); 479
(68) Alpha-pyrrolidinoheptaphenone (also known as PV8; 480
1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one); 481
(69) 4'-chloro-alpha-pyrrolidinovalerophenone, also 482
known as 4-chloro-α-PVP or 4'-chloro-α-pyrrolidinopentiophenone or 483
1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one); 484
(70) 485
2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one, also known as 486
methoxetamine or MXE; 487
(71) Zipeprol 488
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(1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylp489
ropan-2-ol); 490
(72) Eutylone 491
(1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one); and 492
(73) ADB–BUTINACA 493
N-1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-butyl-1H-indazole-3-carb494
oxamide. 495
(e) Depressants. Unless specifically excepted or unless 496
listed in another schedule, any material, compound, mixture, or 497
preparation which contains any quantity of the following 498
substances having a depressant effect on the central nervous 499
system, including their salts, isomers, and salts of isomers, 500
whenever the existence of such salts, isomers, and salts of 501
isomers is possible within the specific chemical designation: 502
(1) Clonazolam, 503
6-(2-chlorophenyl)-1-methyl-8-nitro-4H-[1,2,4]triazolo[4,3-a][1,4]504
benzodiazepine; 505
(2) Flualprazolam, 506
8-chloro-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4507
]benzodiazepine; 508
(3) Flubromazepam, 509
7-bromo-5-(2-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one; 510
(4) Flubromazolam, 511
8-bromo-6-(2-fluorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]512
benzodiazepin; 513
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(5) Gamma-hydroxybutyric acid (other names include: 514
GHB, gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic 515
acid; sodium oxybate; sodium oxybutyrate); 516
(6) Mecloqualone; 517
(7) Methaqualone. 518
(f) Stimulants. Any material, compound, mixture or 519
preparation which contains any quantity of the following central 520
nervous system stimulants including optical salts, isomers and 521
salts of isomers unless specifically excepted or unless listed in 522
another schedule: 523
(1) Aminorex; 524
(2) Amineptine 525
(7-[(10,11-dihydro-5H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic 526
acid); 527
(3) N-benzylpiperazine (also known as BZP and 528
1-benzylpiperazine); 529
(4) Cathinone; 530
(5) 4,4'-Dimethylaminorex, also known as 4,4'-DMAR or 531
4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 532
4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine); 533
(6) Fenethylline; 534
(7) Mesocarb 535
(N-phenyl-N' -(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3- 536
ium-5-yl)carbamimidate); 537
(8) Methcathinone; 538
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(9) Methiopropamine 539
(N-methyl-1-(thiophen-2-yl)propan-2-amine)); 540
(10) 4-methylaminorex (also known as 541
2-amino-4-methyl-5-phenyl-2-oxazoline); 542
(11) N-ethylamphetamine; 543
(12) Any material, compound, mixture or preparation 544
which contains any quantity of N,N-dimethylamphetamine. (Other 545
names include: N,N,-alpha-trimethyl-benzeneethanamine and 546
N,N-alpha-trimethylphenethylamine); 547
(13) Synthetic cathinones. (A) Unless listed in 548
another schedule, any compound other than bupropion that is 549
structurally derived from 2-Amino-1-phenyl-1-propanone by 550
modification in any of the following ways: 551
(i) By substitution in the phenyl ring to any 552
extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide 553
substituents, whether or not further substituted in the phenyl 554
ring by one or more other univalent substituents; 555
(ii) By substitution at the 3-position with 556
an alkyl substituent; 557
(iii) By substitution at the nitrogen atom 558
with alkyl or dialkyl groups, or by inclusion of the nitrogen atom 559
in a cyclic structure. 560
(B) The compounds covered in this paragraph (10) 561
include, but are not limited to, any material, compound, mixture 562
or preparation which contains any quantity of a synthetic 563
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cathinone found in any of the following compounds, whether or not 564
substituted to any extent, or any of these compounds which contain 565
any synthetic cathinone, or salts, isomers, or salts of isomers, 566
whenever the existence of such salts, isomers or salts of isomers 567
is possible, unless specifically excepted or listed in another 568
schedule: 569
(i) 4-methyl-N-ethylcathinone ("4-MEC"); 570
(ii) 4-methyl-alpha-pyrrolidinopropiophenone 571
("4-MePPP"); 572
(iii) Alpha-pyrrolidinopentiophenone 573
("α-PVP"); 574
(iv) 1-(1,3-benzodioxol-5-yl)-2- 575
(methylamino)butan-1-one ("butylone"); 576
(v) 2-(methylamino)-1-phenylpentan-1-one 577
("pentedrone"); 578
(vi) 1-(1,3-benzodioxol-5-yl)-2- 579
(methylamino)pentan-1-one ("pentylone"); 580
(vii) 4-fluoro-N-methylcathinone ("4-FMC"); 581
(viii) 3-fluoro-N-methylcathinone ("3-FMC"); 582
(ix) 1-(naphthalen-2-yl)-2- (pyrrolidin-1-yl) 583
pentan-1-one ("naphyrone"); 584
(x) Alpha-pyrrolidinobutiophenone ("α-PBP"); 585
(xi) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino) 586
-pentan-1-one (N-ethylpentylone, ephylone); 587
(14) a-PiHP 588
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4-methyl-1-phenyl-2-pyrrolidin-1-yl)pentan-1-one, also known as 589
alpha-PiHP; and 590
(15) 3–MMC 591
2-methylamino)-1-3-methylphenyl)propan-1-one, also known as 592
3-methylmethcathinone. 593
SECTION 2. Section 41-29-139, Mississippi Code of 1972, is 594
amended as follows: 595
41-29-139. (a) Transfer and possession with intent to 596
transfer. Except as authorized by this article, it is unlawful 597
for any person knowingly or intentionally: 598
(1) To sell, barter, transfer, manufacture, distribute, 599
dispense or possess with intent to sell, barter, transfer, 600
manufacture, distribute or dispense, a controlled substance; or 601
(2) To create, sell, barter, transfer, distribute, 602
dispense or possess with intent to create, sell, barter, transfer, 603
distribute or dispense, a counterfeit substance. 604
(b) Punishment for transfer and possession with intent to 605
transfer. Except as otherwise provided in Section 41-29-142, any 606
person who violates subsection (a) of this section shall be, if 607
convicted, sentenced as follows: 608
(1) For controlled substances classified in Schedule I 609
or II, as set out in Sections 41-29-113 and 41-29-115, other 610
than * * * synthetic cannabinoids: 611
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(A) If less than two (2) grams or ten (10) dosage 612
units, by imprisonment for not more than eight (8) years or a fine 613
of not more than Fifty Thousand Dollars ($50,000.00), or both. 614
(B) If two (2) or more grams or ten (10) or more 615
dosage units, but less than ten (10) grams or twenty (20) dosage 616
units, by imprisonment for not less than three (3) years nor more 617
than twenty (20) years or a fine of not more than Two Hundred 618
Fifty Thousand Dollars ($250,000.00), or both. 619
(C) If ten (10) or more grams or twenty (20) or 620
more dosage units, but less than thirty (30) grams or forty (40) 621
dosage units, by imprisonment for not less than five (5) years nor 622
more than thirty (30) years or a fine of not more than Five 623
Hundred Thousand Dollars ($500,000.00), or both. 624
(2) * * * For synthetic cannabinoids: 625
* * *(A) If ten (10) grams or less, by 626
imprisonment for not more than three (3) years or a fine of not 627
more than Three Thousand Dollars ($3,000.00), or both; 628
* * *(B) If more than ten (10) grams but less 629
than twenty (20) grams, by imprisonment for not more than five (5) 630
years or a fine of not more than Five Thousand Dollars 631
($5,000.00), or both; 632
* * *(C) If twenty (20) or more grams but less 633
than forty (40) grams, by imprisonment for not less than three (3) 634
years nor more than ten (10) years or a fine of not more than 635
Fifteen Thousand Dollars ($15,000.00), or both; 636
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* * *(D) If forty (40) or more grams but less 637
than two hundred (200) grams, by imprisonment for not less than 638
five (5) years nor more than twenty (20) years or a fine of not 639
more than Twenty Thousand Dollars ($20,000.00), or both. 640
(3) For controlled substances classified in Schedules 641
III and IV, as set out in Sections 41-29-117 and 41-29-119: 642
(A) If less than two (2) grams or ten (10) dosage 643
units, by imprisonment for not more than five (5) years or a fine 644
of not more than Five Thousand Dollars ($5,000.00), or both; 645
(B) If two (2) or more grams or ten (10) or more 646
dosage units, but less than ten (10) grams or twenty (20) dosage 647
units, by imprisonment for not more than eight (8) years or a fine 648
of not more than Fifty Thousand Dollars ($50,000.00), or both; 649
(C) If ten (10) or more grams or twenty (20) or 650
more dosage units, but less than thirty (30) grams or forty (40) 651
dosage units, by imprisonment for not more than fifteen (15) years 652
or a fine of not more than One Hundred Thousand Dollars 653
($100,000.00), or both; 654
(D) If thirty (30) or more grams or forty (40) or 655
more dosage units, but less than five hundred (500) grams or two 656
thousand five hundred (2,500) dosage units, by imprisonment for 657
not more than twenty (20) years or a fine of not more than Two 658
Hundred Fifty Thousand Dollars ($250,000.00), or both. 659
(4) For controlled substances classified in Schedule V, 660
as set out in Section 41-29-121: 661
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(A) If less than two (2) grams or ten (10) dosage 662
units, by imprisonment for not more than one (1) year or a fine of 663
not more than Five Thousand Dollars ($5,000.00), or both; 664
(B) If two (2) or more grams or ten (10) or more 665
dosage units, but less than ten (10) grams or twenty (20) dosage 666
units, by imprisonment for not more than five (5) years or a fine 667
of not more than Ten Thousand Dollars ($10,000.00), or both; 668
(C) If ten (10) or more grams or twenty (20) or 669
more dosage units, but less than thirty (30) grams or forty (40) 670
dosage units, by imprisonment for not more than ten (10) years or 671
a fine of not more than Twenty Thousand Dollars ($20,000.00), or 672
both; 673
(D) For thirty (30) or more grams or forty (40) or 674
more dosage units, but less than five hundred (500) grams or two 675
thousand five hundred (2,500) dosage units, by imprisonment for 676
not more than fifteen (15) years or a fine of not more than Fifty 677
Thousand Dollars ($50,000.00), or both. 678
(c) Simple possession. Except as otherwise provided under 679
subsection (i) of this section for actions that are lawful under 680
the Mississippi Medical Cannabis Act and in compliance with rules 681
and regulations adopted thereunder, it is unlawful for any person 682
knowingly or intentionally to possess any controlled substance 683
unless the substance was obtained directly from, or pursuant to, a 684
valid prescription or order of a practitioner while acting in the 685
course of his professional practice, or except as otherwise 686
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authorized by this article. The penalties for any violation of 687
this subsection (c) with respect to a controlled substance 688
classified in Schedules I, II, III, IV or V, as set out in Section 689
41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, 690
including * * * synthetic cannabinoids, shall be based on dosage 691
unit as defined herein or the weight of the controlled substance 692
as set forth herein as appropriate: 693
"Dosage unit (d.u.)" means a tablet or capsule, or in the 694
case of a liquid solution, one (1) milliliter. In the case of 695
lysergic acid diethylamide (LSD) the term, "dosage unit" means a 696
stamp, square, dot, microdot, tablet or capsule of a controlled 697
substance. 698
For any controlled substance that does not fall within the 699
definition of the term "dosage unit," the penalties shall be based 700
upon the weight of the controlled substance. 701
The weight set forth refers to the entire weight of any 702
mixture or substance containing a detectable amount of the 703
controlled substance. 704
If a mixture or substance contains more than one (1) 705
controlled substance, the weight of the mixture or substance is 706
assigned to the controlled substance that results in the greater 707
punishment. 708
A person shall be charged and sentenced as follows for a 709
violation of this subsection with respect to: 710
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(1) A controlled substance classified in Schedule I or 711
II, except * * * synthetic cannabinoids: 712
(A) If less than one-tenth (0.1) gram or two (2) 713
dosage units, the violation is a misdemeanor and punishable by 714
imprisonment for not more than one (1) year or a fine of not more 715
than One Thousand Dollars ($1,000.00), or both. 716
(B) If one-tenth (0.1) gram or more or two (2) or 717
more dosage units, but less than two (2) grams or ten (10) dosage 718
units, by imprisonment for not more than three (3) years or a fine 719
of not more than Fifty Thousand Dollars ($50,000.00), or both. 720
(C) If two (2) or more grams or ten (10) or more 721
dosage units, but less than ten (10) grams or twenty (20) dosage 722
units, by imprisonment for not more than eight (8) years or a fine 723
of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 724
or both. 725
(D) If ten (10) or more grams or twenty (20) or 726
more dosage units, but less than thirty (30) grams or forty (40) 727
dosage units, by imprisonment for not less than three (3) years 728
nor more than twenty (20) years or a fine of not more than Five 729
Hundred Thousand Dollars ($500,000.00), or both. 730
(2) (A) * * * Synthetic cannabinoids: 731
1. If * * * ten (10) grams or less of 732
synthetic cannabinoids, by a fine of not less than One Hundred 733
Dollars ($100.00) nor more than Two Hundred Fifty Dollars 734
($250.00). The provisions of this paragraph (2)(A) may be 735
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enforceable by summons if the offender provides proof of identity 736
satisfactory to the arresting officer and gives written promise to 737
appear in court satisfactory to the arresting officer, as directed 738
by the summons. A second conviction under this section within two 739
(2) years is a misdemeanor punishable by a fine of Two Hundred 740
Fifty Dollars ($250.00), not more than sixty (60) days in the 741
county jail, and mandatory participation in a drug education 742
program approved by the Division of Alcohol and Drug Abuse of the 743
State Department of Mental Health, unless the court enters a 744
written finding that a drug education program is inappropriate. A 745
third or subsequent conviction under this paragraph (2)(A) within 746
two (2) years is a misdemeanor punishable by a fine of not less 747
than Two Hundred Fifty Dollars ($250.00) nor more than One 748
Thousand Dollars ($1,000.00) and confinement for not more than six 749
(6) months in the county jail. 750
Upon a first or second conviction under this paragraph 751
(2)(A), the courts shall forward a report of the conviction to the 752
Mississippi Bureau of Narcotics which shall make and maintain a 753
private, nonpublic record for a period not to exceed two (2) years 754
from the date of conviction. The private, nonpublic record shall 755
be solely for the use of the courts in determining the penalties 756
which attach upon conviction under this paragraph (2)(A) and shall 757
not constitute a criminal record for the purpose of private or 758
administrative inquiry and the record of each conviction shall be 759
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expunged at the end of the period of two (2) years following the 760
date of such conviction; 761
2. Additionally, a person who is the operator 762
of a motor vehicle, who possesses on his person or knowingly keeps 763
or allows to be kept in a motor vehicle within the area of the 764
vehicle normally occupied by the driver or passengers, more than 765
one (1) gram, but not more than * * * ten (10) grams of synthetic 766
cannabinoids is guilty of a misdemeanor and, upon conviction, may 767
be fined not more than One Thousand Dollars ($1,000.00) or 768
confined for not more than ninety (90) days in the county jail, or 769
both. For the purposes of this subsection, such area of the 770
vehicle shall not include the trunk of the motor vehicle or the 771
areas not normally occupied by the driver or passengers if the 772
vehicle is not equipped with a trunk. A utility or glove 773
compartment shall be deemed to be within the area occupied by the 774
driver and passengers. 775
(B) * * * Synthetic cannabinoids: 776
1. If more than ten (10) grams but less than 777
twenty (20) grams, by a fine of not more than One Thousand Dollars 778
($1,000.00), or confinement in the county jail for not more than 779
one (1) year, or both; or by a fine of not more than Three 780
Thousand Dollars ($3,000.00), or imprisonment in the custody of 781
the Department of Corrections for not more than three (3) years, 782
or both; 783
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2. If twenty (20) or more grams but less than 784
forty (40) grams, by imprisonment for not less than two (2) years 785
nor more than eight (8) years or by a fine of not more than Fifty 786
Thousand Dollars ($50,000.00), or both; 787
3. If forty (40) or more grams but less than 788
two hundred (200) grams, by imprisonment for not less than four 789
(4) years nor more than sixteen (16) years or a fine of not more 790
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 791
4. If two hundred (200) or more grams, by 792
imprisonment for not less than six (6) years nor more than 793
twenty-four (24) years or a fine of not more than Five Hundred 794
Thousand Dollars ($500,000.00), or both. 795
(3) A controlled substance classified in Schedule III, 796
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 797
conviction, may be punished as follows: 798
(A) If less than fifty (50) grams or less than one 799
hundred (100) dosage units, the offense is a misdemeanor and 800
punishable by not more than one (1) year or a fine of not more 801
than One Thousand Dollars ($1,000.00), or both. 802
(B) If fifty (50) or more grams or one hundred 803
(100) or more dosage units, but less than one hundred fifty (150) 804
grams or five hundred (500) dosage units, by imprisonment for not 805
less than one (1) year nor more than four (4) years or a fine of 806
not more than Ten Thousand Dollars ($10,000.00), or both. 807
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(C) If one hundred fifty (150) or more grams or 808
five hundred (500) or more dosage units, but less than three 809
hundred (300) grams or one thousand (1,000) dosage units, by 810
imprisonment for not less than two (2) years nor more than eight 811
(8) years or a fine of not more than Fifty Thousand Dollars 812
($50,000.00), or both. 813
(D) If three hundred (300) or more grams or one 814
thousand (1,000) or more dosage units, but less than five hundred 815
(500) grams or two thousand five hundred (2,500) dosage units, by 816
imprisonment for not less than four (4) years nor more than 817
sixteen (16) years or a fine of not more than Two Hundred Fifty 818
Thousand Dollars ($250,000.00), or both. 819
(d) Paraphernalia. (1) Except as otherwise provided under 820
subsection (i) of this section for actions that are lawful under 821
the Mississippi Medical Cannabis Act and in compliance with rules 822
and regulations adopted thereunder, it is unlawful for a person 823
who is not authorized by the State Board of Medical Licensure, 824
State Board of Pharmacy, or other lawful authority to use, or to 825
possess with intent to use, paraphernalia to plant, propagate, 826
cultivate, grow, harvest, manufacture, compound, convert, produce, 827
process, prepare, test, analyze, pack, repack, store, contain, 828
conceal, inject, ingest, inhale or otherwise introduce into the 829
human body a controlled substance in violation of the Uniform 830
Controlled Substances Law. Any person who violates this 831
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 832
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may be confined in the county jail for not more than six (6) 833
months, or fined not more than Five Hundred Dollars ($500.00), or 834
both * * *. 835
(2) It is unlawful for any person to deliver, sell, 836
possess with intent to deliver or sell, or manufacture with intent 837
to deliver or sell, paraphernalia, knowing, or under circumstances 838
where one reasonably should know, that it will be used to plant, 839
propagate, cultivate, grow, harvest, manufacture, compound, 840
convert, produce, process, prepare, test, analyze, pack, repack, 841
store, contain, conceal, inject, ingest, inhale, or otherwise 842
introduce into the human body a controlled substance in violation 843
of the Uniform Controlled Substances Law. Except as provided in 844
subsection (d)(3), a person who violates this subsection (d)(2) is 845
guilty of a misdemeanor and, upon conviction, may be confined in 846
the county jail for not more than six (6) months, or fined not 847
more than Five Hundred Dollars ($500.00), or both. 848
(3) Any person eighteen (18) years of age or over who 849
violates subsection (d)(2) of this section by delivering or 850
selling paraphernalia to a person under eighteen (18) years of age 851
who is at least three (3) years his junior is guilty of a 852
misdemeanor and, upon conviction, may be confined in the county 853
jail for not more than one (1) year, or fined not more than One 854
Thousand Dollars ($1,000.00), or both. 855
(4) It is unlawful for any person to place in any 856
newspaper, magazine, handbill, or other publication any 857
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advertisement, knowing, or under circumstances where one 858
reasonably should know, that the purpose of the advertisement, in 859
whole or in part, is to promote the sale of objects designed or 860
intended for use as paraphernalia. Any person who violates this 861
subsection is guilty of a misdemeanor and, upon conviction, may be 862
confined in the county jail for not more than six (6) months, or 863
fined not more than Five Hundred Dollars ($500.00), or both. 864
(e) It shall be unlawful for any physician practicing 865
medicine in this state to prescribe, dispense or administer any 866
amphetamine or amphetamine-like anorectics and/or central nervous 867
system stimulants classified in Schedule II, pursuant to Section 868
41-29-115, for the exclusive treatment of obesity, weight control 869
or weight loss. Any person who violates this subsection, upon 870
conviction, is guilty of a misdemeanor and may be confined for a 871
period not to exceed six (6) months, or fined not more than One 872
Thousand Dollars ($1,000.00), or both. 873
(f) Trafficking. (1) Any person trafficking in controlled 874
substances shall be guilty of a felony and, upon conviction, shall 875
be imprisoned for a term of not less than ten (10) years nor more 876
than forty (40) years and shall be fined not less than Five 877
Thousand Dollars ($5,000.00) nor more than One Million Dollars 878
($1,000,000.00). The ten-year mandatory sentence shall not be 879
reduced or suspended. The person shall not be eligible for 880
probation or parole, the provisions of Sections 41-29-149, 881
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 882
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(2) "Trafficking in controlled substances" as used 883
herein means: 884
(A) A violation of subsection (a) of this section 885
involving thirty (30) or more grams or forty (40) or more dosage 886
units of a Schedule I or II controlled substance except * * * 887
synthetic cannabinoids; 888
(B) A violation of subsection (a) of this section 889
involving five hundred (500) or more grams or two thousand five 890
hundred (2,500) or more dosage units of a Schedule III, IV or V 891
controlled substance; 892
(C) A violation of subsection (c) of this section 893
involving thirty (30) or more grams or forty (40) or more dosage 894
units of a Schedule I or II controlled substance except * * * 895
synthetic cannabinoids; 896
(D) A violation of subsection (c) of this section 897
involving five hundred (500) or more grams or two thousand five 898
hundred (2,500) or more dosage units of a Schedule III, IV or V 899
controlled substance; or 900
(E) A violation of subsection (a) of this section 901
involving * * * two hundred (200) grams or more of synthetic 902
cannabinoids. 903
(g) Aggravated trafficking. Any person trafficking in 904
Schedule I or II controlled substances, except * * * synthetic 905
cannabinoids, of two hundred (200) grams or more shall be guilty 906
of aggravated trafficking and, upon conviction, shall be sentenced 907
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to a term of not less than twenty-five (25) years nor more than 908
life in prison and shall be fined not less than Five Thousand 909
Dollars ($5,000.00) nor more than One Million Dollars 910
($1,000,000.00). The twenty-five-year sentence shall be a 911
mandatory sentence and shall not be reduced or suspended. The 912
person shall not be eligible for probation or parole, the 913
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 914
the contrary notwithstanding. 915
(h) Sentence mitigation. (1) Notwithstanding any provision 916
of this section, a person who has been convicted of an offense 917
under this section that requires the judge to impose a prison 918
sentence which cannot be suspended or reduced and is ineligible 919
for probation or parole may, at the discretion of the court, 920
receive a sentence of imprisonment that is no less than 921
twenty-five percent (25%) of the sentence prescribed by the 922
applicable statute. In considering whether to apply the departure 923
from the sentence prescribed, the court shall conclude that: 924
(A) The offender was not a leader of the criminal 925
enterprise; 926
(B) The offender did not use violence or a weapon 927
during the crime; 928
(C) The offense did not result in a death or 929
serious bodily injury of a person not a party to the criminal 930
enterprise; and 931
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(D) The interests of justice are not served by the 932
imposition of the prescribed mandatory sentence. 933
The court may also consider whether information and 934
assistance were furnished to a law enforcement agency, or its 935
designee, which, in the opinion of the trial judge, objectively 936
should or would have aided in the arrest or prosecution of others 937
who violate this subsection. The accused shall have adequate 938
opportunity to develop and make a record of all information and 939
assistance so furnished. 940
(2) If the court reduces the prescribed sentence 941
pursuant to this subsection, it must specify on the record the 942
circumstances warranting the departure. 943
(i) This section does not apply to any of the actions that 944
are lawful under the Mississippi Medical Cannabis Act and in 945
compliance with rules and regulations adopted thereunder. 946
SECTION 3. Section 41-29-105, Mississippi Code of 1972, is 947
amended as follows: 948
41-29-105. The following words and phrases, as used in this 949
article, shall have the following meanings, unless the context 950
otherwise requires: 951
(a) "Administer" means the direct application of a 952
controlled substance, whether by injection, inhalation, ingestion 953
or any other means, to the body of a patient or research subject 954
by: 955
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(i) A practitioner (or, in his presence, by his 956
authorized agent); or 957
(ii) The patient or research subject at the 958
direction and in the presence of the practitioner. 959
(b) "Agent" means an authorized person who acts on 960
behalf of or at the direction of a manufacturer, distributor or 961
dispenser. Such word does not include a common or contract 962
carrier, public warehouseman or employee of the carrier or 963
warehouseman. This definition shall not be applied to the term 964
"agent" when such term clearly designates a member or officer of 965
the Bureau of Narcotics or other law enforcement organization. 966
(c) "Board" means the Mississippi State Board of 967
Medical Licensure. 968
(d) "Bureau" means the Mississippi Bureau of Narcotics. 969
However, where the title "Bureau of Drug Enforcement" occurs, that 970
term shall also refer to the Mississippi Bureau of Narcotics. 971
(e) "Commissioner" means the Commissioner of the 972
Department of Public Safety. 973
(f) "Controlled substance" means a drug, substance or 974
immediate precursor in Schedules I through V of Sections 41-29-113 975
through 41-29-121. 976
(g) "Counterfeit substance" means a controlled 977
substance which, or the container or labeling of which, without 978
authorization, bears the trademark, trade name, or other 979
identifying mark, imprint, number or device, or any likeness 980
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thereof, of a manufacturer, distributor or dispenser other than 981
the person who in fact manufactured, distributed or dispensed the 982
substance. 983
(h) "Deliver" or "delivery" means the actual, 984
constructive, or attempted transfer from one person to another of 985
a controlled substance, whether or not there is an agency 986
relationship. 987
(i) "Director" means the Director of the Bureau of 988
Narcotics. 989
(j) "Dispense" means to deliver a controlled substance 990
to an ultimate user or research subject by or pursuant to the 991
lawful order of a practitioner, including the prescribing, 992
administering, packaging, labeling or compounding necessary to 993
prepare the substance for that delivery. 994
(k) "Dispenser" means a practitioner who dispenses. 995
(l) "Distribute" means to deliver other than by 996
administering or dispensing a controlled substance. 997
(m) "Distributor" means a person who distributes. 998
(n) "Drug" means (i) a substance recognized as a drug 999
in the official United States Pharmacopoeia, official Homeopathic 1000
Pharmacopoeia of the United States, or official National 1001
Formulary, or any supplement to any of them; (ii) a substance 1002
intended for use in the diagnosis, cure, mitigation, treatment, or 1003
prevention of disease in man or animals; (iii) a substance (other 1004
than food) intended to affect the structure or any function of the 1005
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body of man or animals; and (iv) a substance intended for use as a 1006
component of any article specified in this paragraph. Such word 1007
does not include devices or their components, parts, or 1008
accessories. 1009
(o) "Hashish" means the resin extracted from any part 1010
of the plants of the genus Cannabis and all species thereof or any 1011
preparation, mixture or derivative made from or with that resin. 1012
(p) "Immediate precursor" means a substance which the 1013
board has found to be and by rule designates as being the 1014
principal compound commonly used or produced primarily for use, 1015
and which is an immediate chemical intermediary used or likely to 1016
be used in the manufacture of a controlled substance, the control 1017
of which is necessary to prevent, curtail, or limit manufacture. 1018
(q) "Manufacture" means the production, preparation, 1019
propagation, compounding, conversion or processing of a controlled 1020
substance, either directly or indirectly, by extraction from 1021
substances of natural origin, or independently by means of 1022
chemical synthesis, or by a combination of extraction and chemical 1023
synthesis, and includes any packaging or repackaging of the 1024
substance or labeling or relabeling of its container. The term 1025
"manufacture" does not include the preparation, compounding, 1026
packaging or labeling of a controlled substance in conformity with 1027
applicable state and local law: 1028
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(i) By a practitioner as an incident to his 1029
administering or dispensing of a controlled substance in the 1030
course of his professional practice; or 1031
(ii) By a practitioner, or by his authorized agent 1032
under his supervision, for the purpose of, or as an incident to, 1033
research, teaching or chemical analysis and not for sale. 1034
* * * 1035
( * * *r) "Narcotic drug" means any of the following, 1036
whether produced directly or indirectly by extraction from 1037
substances of vegetable origin, or independently by means of 1038
chemical synthesis, or by a combination of extraction and chemical 1039
synthesis: 1040
(i) Opium and opiate, and any salt, compound, 1041
derivative or preparation of opium or opiate; 1042
(ii) Any salt, compound, isomer, derivative or 1043
preparation thereof which is chemically equivalent or identical 1044
with any of the substances referred to in subparagraph (i), but 1045
not including the isoquinoline alkaloids of opium; 1046
(iii) Opium poppy and poppy straw; and 1047
(iv) Cocaine, coca leaves and any salt, compound, 1048
derivative or preparation of cocaine, coca leaves, and any salt, 1049
compound, isomer, derivative or preparation thereof which is 1050
chemically equivalent or identical with any of these substances, 1051
but not including decocainized coca leaves or extractions of coca 1052
leaves which do not contain cocaine or ecgonine. 1053
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( * * *s) "Opiate" means any substance having an 1054
addiction-forming or addiction-sustaining liability similar to 1055
morphine or being capable of conversion into a drug having 1056
addiction-forming or addiction-sustaining liability. It does not 1057
include, unless specifically designated as controlled under 1058
Section 41-29-111, the dextrorotatory isomer of 1059
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). 1060
Such word does include its racemic and levorotatory forms. 1061
( * * *t) "Opium poppy" means the plant of the species 1062
Papaver somniferum L., except its seeds. 1063
( * * *u) (i) "Paraphernalia" means all equipment, 1064
products and materials of any kind which are used, intended for 1065
use, or designed for use, in planting, propagating, cultivating, 1066
growing, harvesting, manufacturing, compounding, converting, 1067
producing, processing, preparing, testing, analyzing, packaging, 1068
repackaging, storing, containing, concealing, injecting, 1069
ingesting, inhaling or otherwise introducing into the human body a 1070
controlled substance in violation of the Uniform Controlled 1071
Substances Law. It includes, but is not limited to: 1072
1. Kits used, intended for use, or designed 1073
for use in planting, propagating, cultivating, growing or 1074
harvesting of any species of plant which is a controlled substance 1075
or from which a controlled substance can be derived; 1076
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2. Kits used, intended for use, or designed 1077
for use in manufacturing, compounding, converting, producing, 1078
processing or preparing controlled substances; 1079
3. Isomerization devices used, intended for 1080
use or designed for use in increasing the potency of any species 1081
of plant which is a controlled substance; 1082
4. Testing equipment used, intended for use, 1083
or designed for use in identifying or in analyzing the strength, 1084
effectiveness or purity of controlled substances; 1085
5. Scales and balances used, intended for use 1086
or designed for use in weighing or measuring controlled 1087
substances; 1088
6. Diluents and adulterants, such as quinine 1089
hydrochloride, mannitol, mannite, dextrose and lactose, used, 1090
intended for use or designed for use in cutting controlled 1091
substances; 1092
* * * 1093
* * *7. Blenders, bowls, containers, spoons 1094
and mixing devices used, intended for use or designed for use in 1095
compounding controlled substances; 1096
* * *8. Capsules, balloons, envelopes and 1097
other containers used, intended for use or designed for use in 1098
packaging small quantities of controlled substances; 1099
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* * *9. Containers and other objects used, 1100
intended for use or designed for use in storing or concealing 1101
controlled substances; 1102
* * *10. Hypodermic syringes, needles and 1103
other objects used, intended for use or designed for use in 1104
parenterally injecting controlled substances into the human body; 1105
* * *11. Objects used, intended for use or 1106
designed for use in ingesting, inhaling or otherwise 1107
introducing * * * cocaine * * * into the human body, such as: 1108
a. Metal, wooden, acrylic, glass, stone, 1109
plastic or ceramic pipes with or without screens, permanent 1110
screens, hashish heads or punctured metal bowls; 1111
b. Water pipes; 1112
c. Carburetion tubes and devices; 1113
d. Smoking and carburetion masks; 1114
* * * 1115
* * *e. Miniature cocaine spoons and 1116
cocaine vials; 1117
* * *f. Chamber pipes; 1118
* * *g. Carburetor pipes; 1119
* * *h. Electric pipes; 1120
* * *i. Air-driven pipes; 1121
* * *j. Chillums; 1122
* * *k. Bongs; and 1123
* * *l. Ice pipes or chillers. 1124
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(ii) In determining whether an object is 1125
paraphernalia, a court or other authority should consider, in 1126
addition to all other logically relevant factors, the following: 1127
1. Statements by an owner or by anyone in 1128
control of the object concerning its use; 1129
2. Prior convictions, if any, of an owner, or 1130
of anyone in control of the object, under any state or federal law 1131
relating to any controlled substance; 1132
3. The proximity of the object, in time and 1133
space, to a direct violation of the Uniform Controlled Substances 1134
Law; 1135
4. The proximity of the object to controlled 1136
substances; 1137
5. The existence of any residue of controlled 1138
substances on the object; 1139
6. Direct or circumstantial evidence of the 1140
intent of an owner, or of anyone in control of the object, to 1141
deliver it to persons whom he knows, or should reasonably know, 1142
intend to use the object to facilitate a violation of the Uniform 1143
Controlled Substances Law; the innocence of an owner, or of anyone 1144
in control of the object, as to a direct violation of the Uniform 1145
Controlled Substances Law shall not prevent a finding that the 1146
object is intended for use, or designed for use as paraphernalia; 1147
7. Instructions, oral or written, provided 1148
with the object concerning its use; 1149
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8. Descriptive materials accompanying the 1150
object which explain or depict its use; 1151
9. National and local advertising concerning 1152
its use; 1153
10. The manner in which the object is 1154
displayed for sale; 1155
11. Whether the owner or anyone in control of 1156
the object is a legitimate supplier of like or related items to 1157
the community, such as a licensed distributor or dealer of tobacco 1158
products; 1159
12. Direct or circumstantial evidence of the 1160
ratio of sales of the object(s) to the total sales of the business 1161
enterprise; 1162
13. The existence and scope of legitimate 1163
uses for the object in the community; 1164
14. Expert testimony concerning its use. 1165
(iii) "Paraphernalia" does not include any 1166
materials used or intended for use in testing for the presence of 1167
fentanyl or a fentanyl analog in a substance. 1168
( * * *v) "Person" means individual, corporation, 1169
government or governmental subdivision or agency, business trust, 1170
estate, trust, partnership or association, or any other legal 1171
entity. 1172
( * * *w) "Poppy straw" means all parts, except the 1173
seeds, of the opium poppy, after mowing. 1174
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( * * *x) "Practitioner" means: 1175
(i) A physician, dentist, veterinarian, scientific 1176
investigator, optometrist certified to prescribe and use 1177
therapeutic pharmaceutical agents under Sections 73-19-153 through 1178
73-19-165, or other person licensed, registered or otherwise 1179
permitted to distribute, dispense, conduct research with respect 1180
to or to administer a controlled substance in the course of 1181
professional practice or research in this state; and 1182
(ii) A pharmacy, hospital or other institution 1183
licensed, registered, or otherwise permitted to distribute, 1184
dispense, conduct research with respect to or to administer a 1185
controlled substance in the course of professional practice or 1186
research in this state. 1187
( * * *y) "Production" includes the manufacture, 1188
planting, cultivation, growing or harvesting of a controlled 1189
substance. 1190
( * * *z) "Sale," "sell" or "selling" means the actual, 1191
constructive or attempted transfer or delivery of a controlled 1192
substance for remuneration, whether in money or other 1193
consideration. 1194
( * * *aa) "State," when applied to a part of the 1195
United States, includes any state, district, commonwealth, 1196
territory, insular possession thereof, and any area subject to the 1197
legal authority of the United States of America. 1198
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( * * *ab) "Ultimate user" means a person who lawfully 1199
possesses a controlled substance for his own use or for the use of 1200
a member of his household or for administering to an animal owned 1201
by him or by a member of his household. 1202
SECTION 4. Section 41-29-136, Mississippi Code of 1972, is 1203
amended as follows: 1204
41-29-136. (1) "CBD solution" means a pharmaceutical 1205
preparation consisting of processed cannabis plant extract in oil 1206
or other suitable vehicle. 1207
(2) (a) CBD solution prepared from (i) cannabis plant 1208
extract that is provided by the National Center for Natural 1209
Products Research at the University of Mississippi under 1210
appropriate federal and state regulatory approvals, or (ii) 1211
cannabis extract from hemp produced pursuant to Sections 69-25-201 1212
through 69-25-221, which is prepared and tested to meet compliance 1213
with regulatory specifications, may be dispensed by the Department 1214
of Pharmacy Services at the University of Mississippi Medical 1215
Center (UMMC Pharmacy) after mixing the extract with a suitable 1216
vehicle. The CBD solution may be prepared by the UMMC Pharmacy or 1217
by another pharmacy or laboratory in the state under appropriate 1218
federal and state regulatory approvals and registrations. 1219
(b) The patient or the patient's parent, guardian or 1220
custodian must execute a hold-harmless agreement that releases 1221
from liability the state and any division, agency, institution or 1222
employee thereof involved in the research, cultivation, 1223
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processing, formulating, dispensing, prescribing or administration 1224
of CBD solution obtained from entities authorized under this 1225
section to produce or possess cannabidiol for research under 1226
appropriate federal and state regulatory approvals and 1227
registrations. 1228
(c) The National Center for Natural Products Research 1229
at the University of Mississippi and the Mississippi Agricultural 1230
and Forestry Experiment Station at Mississippi State University 1231
are the only entities authorized to produce cannabis plants for 1232
cannabidiol research. 1233
(d) Research of CBD solution under this section must 1234
comply with the provisions of Section 41-29-125 regarding lawful 1235
possession of controlled substances, of Section 41-29-137 1236
regarding record-keeping requirements relative to the dispensing, 1237
use or administration of controlled substances, and of Section 1238
41-29-133 regarding inventory requirements, insofar as they are 1239
applicable. Authorized entities may enter into public-private 1240
partnerships to facilitate research. 1241
(3) (a) In a prosecution for the unlawful possession of 1242
marijuana under the laws of this state, it is an affirmative and 1243
complete defense to prosecution that: 1244
(i) The defendant suffered from a debilitating 1245
epileptic condition or related illness and the use or possession 1246
of CBD solution was pursuant to the order of a physician as 1247
authorized under this section; or 1248
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(ii) The defendant is the parent, guardian or 1249
custodian of an individual who suffered from a debilitating 1250
epileptic condition or related illness and the use or possession 1251
of CBD solution was pursuant to the order of a physician as 1252
authorized under this section. 1253
(b) An agency of this state or a political subdivision 1254
thereof, including any law enforcement agency, may not initiate 1255
proceedings to remove a child from the home based solely upon the 1256
possession or use of CBD solution by the child or parent, guardian 1257
or custodian of the child as authorized under this section. 1258
(c) An employee of the state or any division, agency, 1259
institution thereof involved in the research, cultivation, 1260
processing, formulation, dispensing, prescribing or administration 1261
of CBD solution shall not be subject to prosecution for unlawful 1262
possession, use * * * or distribution * * * under the laws of this 1263
state for activities arising from or related to the use of CBD 1264
solution in the treatment of individuals diagnosed with a 1265
debilitating epileptic condition. 1266
(4) This section does not apply to any of the actions that 1267
are lawful under the Mississippi Medical Cannabis Act and in 1268
compliance with rules and regulations adopted thereunder. 1269
(5) This section shall be known as "Harper Grace's Law." 1270
(6) This section shall stand repealed from and after July 1, 1271
2027. 1272
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SECTION 5. Section 33-13-520, Mississippi Code of 1972, is 1273
amended as follows: 1274
33-13-520. (1) Any person subject to this code who uses, 1275
while on duty, any controlled substance listed in the Uniform 1276
Controlled Substances Law, not legally prescribed, or is found, by 1277
a chemical analysis of such person's blood or urine, to have in 1278
his blood, while on duty, any controlled substance described in 1279
subsection (3), not legally prescribed, shall be punished as a 1280
court-martial may direct. 1281
(2) Any person subject to this code who wrongfully uses, 1282
possesses, manufactures, distributes, imports into the customs 1283
territory of the United States, exports from the United States, or 1284
introduces into an installation, vessel, vehicle or aircraft used 1285
by or under the control of the state military forces a substance 1286
described in subsection (3) shall be punished as a court-martial 1287
may direct. 1288
(3) The substances referred to in subsections (1) and (2) 1289
are the following: 1290
(a) Opium, heroin, cocaine, amphetamine, lysergic acid 1291
diethylamide, methamphetamine, phencyclidine * * * and barbituric 1292
acid * * *. 1293
(b) Any substance not specified in paragraph (a) that 1294
is listed on a schedule of controlled substance prescribed by the 1295
President for the purposes of the federal Uniform Code of Military 1296
Justice. 1297
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(c) Any other substance not specified in paragraph (a) 1298
or contained on a list prescribed by the President under paragraph 1299
(b) that is listed in Schedules I through V of Section 202 of the 1300
federal Controlled Substances Act (21 USCS 812). 1301
SECTION 6. Section 41-29-147, Mississippi Code of 1972, is 1302
amended as follows: 1303
41-29-147. Except as otherwise provided in Section 1304
41-29-142, any person convicted of a second or subsequent offense 1305
under this article may be imprisoned for a term up to twice the 1306
term otherwise authorized, fined an amount up to twice that 1307
otherwise authorized, or both. 1308
For purposes of this section, an offense is considered a 1309
second or subsequent offense, if, prior to his conviction of the 1310
offense, the offender has at any time been convicted under this 1311
article or under any statute of the United States or of any state 1312
relating to narcotic drugs, * * * depressant, stimulant or 1313
hallucinogenic drugs. 1314
SECTION 7. Section 41-29-149.1, Mississippi Code of 1972, is 1315
amended as follows: 1316
41-29-149.1. (1) This section shall be known as the 1317
"Mississippi Medical Emergency Good Samaritan and Aid to Sexual 1318
Offense Victim Reporting Act." 1319
(2) As used in this section, the following words shall have 1320
the meanings ascribed: 1321
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(a) "Drug overdose" means an acute condition, 1322
including, but not limited to, extreme physical illness, decreased 1323
level of consciousness, respiratory depression, coma, mania, or 1324
death, resulting from the consumption or use of a controlled 1325
substance or dangerous drug in violation of this chapter or that a 1326
layperson would reasonably believe to be resulting from the 1327
consumption or use of a controlled substance or dangerous drug for 1328
which medical assistance is required. 1329
(b) "Drug violation" means: 1330
(i) A violation of Section 41-29-139 for 1331
possession of a controlled substance if the aggregate weight, 1332
including any mixture, is less than four (4) grams of a solid 1333
substance, less than twenty (20) dosage units, less than one (1) 1334
milliliter of liquid substance, or, if the substance is placed 1335
onto a secondary medium, has a combined weight of less than four 1336
(4) grams; 1337
(ii) A violation of Section 41-29-139 for 1338
possession of * * * ten (10) grams or less of synthetic 1339
cannabinoids; or 1340
(iii) A violation of Section 41-29-139(d)(2) 1341
relating to possession and use of paraphernalia. 1342
(c) "Medical assistance" means aid provided to a person 1343
experiencing or believed to be experiencing a drug overdose by a 1344
health care professional who is licensed, registered, or certified 1345
under the laws of this state and who, acting within the lawful 1346
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scope of practice, may provide diagnosis, treatment, or emergency 1347
services relative to the overdose. 1348
(d) "Seeks medical assistance" means accesses or 1349
assists in accessing the E-911 system or otherwise contacts or 1350
assists in contacting law enforcement or a poison control center 1351
or provides care to a person experiencing or believed to be 1352
experiencing a drug overdose while awaiting the arrival of medical 1353
assistance to aid the person. 1354
(e) "Sexual offense" means any alleged violation of 1355
Section 97-3-65, 97-3-95, 97-5-23, 97-5-24, 97-5-41, 97-29-3 or 1356
97-29-7, whether or not a civil or criminal action arises as a 1357
result of the alleged violation. 1358
(3) (a) Any person who in good faith seeks medical 1359
assistance for someone who is experiencing a drug overdose shall 1360
not be arrested, charged, or prosecuted for a drug violation if 1361
there is evidence that the person is under the influence of a 1362
controlled substance or in possession of a controlled substance as 1363
referenced in subsection (2)(b) of this section. 1364
(b) Any person who is experiencing a drug overdose and, 1365
in good faith, seeks medical assistance or is the subject of a 1366
request for medical assistance shall not be arrested, charged, or 1367
prosecuted for a drug violation if there is evidence that the 1368
person is under the influence of a controlled substance or in 1369
possession of a controlled substance as referenced in subsection 1370
(2)(b) of this section. 1371
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(c) Any person who in good faith seeks medical 1372
assistance for or reports a sexual offense shall not be arrested, 1373
charged, or prosecuted for a drug violation if there is evidence 1374
that the person is or was under the influence of a controlled 1375
substance or in possession of a controlled substance as referenced 1376
in subsection (2)(b) of this section at the time of the sexual 1377
offense or the request of assistance for or report of the sexual 1378
offense. 1379
(d) A person shall also not be subject to, if related 1380
to the seeking of medical assistance: 1381
(i) Penalties for a violation of a permanent or 1382
temporary protective order or restraining order; 1383
(ii) Sanctions for a violation of a condition of 1384
pretrial release, condition of probation, or condition of parole 1385
based on a drug violation; or 1386
(iii) Forfeiture of property pursuant to Section 1387
41-29-153 or 41-29-176 for a drug violation, except that prima 1388
facie contraband shall be subject to forfeiture. 1389
(4) Nothing in this section shall be construed: 1390
(a) To limit the admissibility of any evidence in 1391
connection with the investigation or prosecution of a crime with 1392
regard to a defendant who does not qualify for the protections of 1393
subsection (3) of this section or with regard to other crimes 1394
committed by a person who otherwise qualifies for protection 1395
pursuant to subsection (3) of this section; 1396
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(b) To limit any seizure of evidence or contraband 1397
otherwise permitted by law; and 1398
(c) To limit or abridge the authority of a law 1399
enforcement officer to detain or take into custody a person in the 1400
course of an investigation or to effectuate an arrest for any 1401
offense except as provided in subsection (3) of this section. 1402
(d) To apply to a person alleged to have committed the 1403
sexual offense reported under subsection (3)(c) of this section. 1404
SECTION 8. Section 41-29-150, Mississippi Code of 1972, is 1405
amended as follows: 1406
41-29-150. (a) Any person convicted under Section 41-29-139 1407
may be required, in the discretion of the court, as a part of the 1408
sentence otherwise imposed, or in lieu of imprisonment in cases of 1409
probation or suspension of sentence, to attend a course of 1410
instruction conducted by the bureau, the State Board of Health, or 1411
any similar agency, on the effects, medically, psychologically and 1412
socially, of the misuse of controlled substances. The course may 1413
be conducted at any correctional institution, detention center or 1414
hospital, or at any center or treatment facility established for 1415
the purpose of education and rehabilitation of those persons 1416
committed because of abuse of controlled substances. 1417
(b) Any person convicted under Section 41-29-139 who is 1418
found to be dependent upon or addicted to any controlled substance 1419
shall be required, as a part of the sentence otherwise imposed, or 1420
in lieu of imprisonment in cases of parole, probation or 1421
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suspension of sentence, to receive medical treatment for such 1422
dependency or addiction. The regimen of medical treatment may 1423
include confinement in a medical facility of any correctional 1424
institution, detention center or hospital, or at any center or 1425
facility established for treatment of those persons committed 1426
because of a dependence or addiction to controlled substances. 1427
(c) Those persons previously convicted of a felony under 1428
Section 41-29-139 and who are now confined at the Mississippi 1429
State Hospital at Whitfield, Mississippi, or at the East 1430
Mississippi State Hospital at Meridian, Mississippi, for the term 1431
of their sentence shall remain under the jurisdiction of the 1432
Mississippi Department of Corrections and shall be required to 1433
abide by all reasonable rules and regulations promulgated by the 1434
director and staff of said institutions and of the Department of 1435
Corrections. Any persons so confined who shall refuse to abide by 1436
said rules or who attempt an escape or who shall escape shall be 1437
transferred to the State Penitentiary or to a county jail, where 1438
appropriate, to serve the remainder of the term of imprisonment; 1439
this provision shall not preclude prosecution and conviction for 1440
escape from said institutions. 1441
(d) (1) If any person who has not previously been convicted 1442
of violating Section 41-29-139, or the laws of the United States 1443
or of another state relating to narcotic drugs, stimulant or 1444
depressant substances * * * or other controlled substances * * * 1445
is found to be guilty of a violation of subsection (c) or (d) of 1446
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Section 41-29-139, after trial or upon a plea of guilty, the court 1447
may, without entering a judgment of guilty and with the consent of 1448
such person, defer further proceedings and place him on probation 1449
upon such reasonable conditions as it may require and for such 1450
period, not to exceed three (3) years, as the court may prescribe. 1451
Upon violation of a condition of the probation, the court may 1452
enter an adjudication of guilt and proceed as otherwise provided. 1453
The court may, in its discretion, dismiss the proceedings against 1454
such person and discharge him from probation before the expiration 1455
of the maximum period prescribed for such person's probation. If 1456
during the period of his probation such person does not violate 1457
any of the conditions of the probation, then upon expiration of 1458
such period the court shall discharge such person and dismiss the 1459
proceedings against him. Discharge and dismissal under this 1460
subsection shall be without court adjudication of guilt, but a 1461
nonpublic record thereof shall be retained by the bureau solely 1462
for the purpose of use by the courts in determining whether or 1463
not, in subsequent proceedings, such person qualifies under this 1464
subsection. Such discharge or dismissal shall not be deemed a 1465
conviction for purposes of disqualifications or disabilities 1466
imposed by law upon conviction of a crime, including the penalties 1467
prescribed under this article for second or subsequent conviction, 1468
or for any other purpose. Discharge and dismissal under this 1469
subsection may occur only once with respect to any person; and 1470
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(2) Upon the dismissal of a person and discharge of 1471
proceedings against him under paragraph (1) of this subsection, 1472
the person may apply to the court for an order to expunge from all 1473
official records, other than the nonpublic records to be retained 1474
by the bureau under paragraph (1) of this subsection, all 1475
recordation relating to his arrest, indictment, trial, finding of 1476
guilt, and dismissal and discharge pursuant to this section. If 1477
the court determines, after hearing, that such person was 1478
dismissed and the proceedings against him discharged, or that the 1479
person had satisfactorily served his sentence or period of 1480
probation and parole, it shall enter an order of expunction. The 1481
effect of the order shall be to restore the person, in the 1482
contemplation of the law, to the status he occupied before such 1483
arrest or indictment. No person as to whom such an order has been 1484
entered shall be held thereafter under any provision of any law to 1485
be guilty of perjury or otherwise giving a false statement by 1486
reason of his failures to recite or acknowledge such arrest, 1487
indictment or trial in response to any inquiry made of him for any 1488
purpose. A person as to whom an order has been entered, upon 1489
request, shall be required to advise the court, in camera, of the 1490
previous conviction and expunction in any legal proceeding wherein 1491
the person has been called as a prospective juror. The court 1492
shall thereafter and before the selection of the jury advise the 1493
attorneys representing the parties of the previous conviction and 1494
expunction. 1495
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ST: Marijuana; legalize.
(e) Every person who has been or may hereafter be convicted 1496
of a felony offense under Section 41-29-139 and sentenced under 1497
Section 41-29-150(c) shall be under the jurisdiction of the 1498
Mississippi Department of Corrections. 1499
(f) It shall be unlawful for any person confined under the 1500
provisions of subsection (b) or (c) of this section to escape or 1501
attempt to escape from said institution, and, upon conviction, 1502
said person shall be guilty of a felony and shall be imprisoned 1503
for a term not to exceed two (2) years. 1504
(g) It is the intent and purpose of the Legislature to 1505
promote the rehabilitation of persons convicted of offenses under 1506
the Uniform Controlled Substances Law. 1507
SECTION 9. This act shall take effect and be in force from 1508
and after July 1, 2026. 1509