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SB2318 • 2026

Illicit synthetic substances; provide felony for the delivery of, where subsequent use of the substance results in death.

AN ACT TO AMEND SECTION 41-29-139.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO DELIVERS OR CAUSES THE DELIVERY OF AN ILLICIT SYNTHETIC SUBSTANCE WITH KNOWLEDGE OF THE ILLICIT SYNTHETIC SUBSTANCE COMMITS A FELONY; AND FOR RELATED PURPOSES.

Crime Healthcare
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Fillingane, McMahan
Last action
2026-02-03
Official status
Dead
Effective date
Passage

Plain English Breakdown

The bill did not pass and therefore its provisions are not enforceable.

Illicit Synthetic Substances; Felony for Delivery Resulting in Death

This bill makes it a felony to deliver or cause the delivery of an illicit synthetic substance with knowledge that such action could lead to someone's death due to using the substance.

What This Bill Does

  • Makes delivering or causing the delivery of an illicit synthetic substance a felony if it leads to someone’s death from using the substance.
  • Requires anyone convicted under this law to serve at least twenty years in prison and pay a minimum fine of $10,000.
  • Protects people who seek medical help for someone overdosing on an illicit synthetic substance from being charged or prosecuted.

Who It Names or Affects

  • People who deliver or cause the delivery of illicit synthetic substances with knowledge of their harmful effects.
  • Individuals seeking medical help for someone overdosing on an illicit synthetic substance.

Terms To Know

Illicit Synthetic Substance
A chemically engineered drug designed to mimic the effects of controlled substances like fentanyl and other opioids.

Limits and Unknowns

  • The bill did not pass during its session.
  • It does not specify how law enforcement will identify or prove knowledge of illicit synthetic substances in delivery cases.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division B

Official Summary Text

Illicit synthetic substances; provide felony for the delivery of, where subsequent use of the substance results in death.

Current Bill Text

Read the full stored bill text 
S. B. No. 2318 *SS26/R878* ~ OFFICIAL ~ G1/2
26/SS26/R878
PAGE 1 (ens\kr)

To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Fillingane, McMahan

SENATE BILL NO. 2318

AN ACT TO AMEND SECTION 41-29-139.1, MISSISSIPPI CODE OF 1
1972, TO PROVIDE THAT A PERSON WHO DELIVERS OR CAUSES THE DELIVERY 2
OF AN ILLICIT SYNTHETIC SUBSTANCE WITH KNOWLEDGE OF THE ILLICIT 3
SYNTHETIC SUBSTANCE COMMITS A FELONY; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 41-29-139.1, Mississippi Code of 1972, is 6
amended as follows: 7
41-29-139.1. (1) (a) A person who delivers or causes the 8
delivery of * * * an illicit synthetic substance with knowledge of 9
the * * * illicit synthetic substance commits * * * a felony when 10
as a result of the unlawful delivery of * * * the illicit 11
synthetic substance in exchange for anything of value to another 12
person, death to a person results from the proximate cause of 13
injection, oral ingestion or inhalation of the * * * illicit 14
synthetic substance. 15
(b) Upon conviction for violating the provisions of 16
this section, the person shall be sentenced to imprisonment no 17
less than twenty (20) years to a term of life in the custody of 18
S. B. No. 2318 *SS26/R878* ~ OFFICIAL ~
26/SS26/R878
PAGE 2 (ens\kr)

the Mississippi Department of Corrections and shall be fined not 19
less than Ten Thousand Dollars ($10,000.00). 20
(2) Any person, who, in good faith, without malice and in 21
the absence of evidence of an intent to defraud, seeks medical 22
assistance for someone experiencing * * * an overdose from the 23
ingestion, injection or inhalation of an illicit synthetic 24
substance shall not be charged or prosecuted for a violation of 25
this section, if the evidence for the charge was gained as a 26
result of the seeking of medical assistance. 27
(3) For purposes of this section, " * * *illicit synthetic 28
substance" means a chemically engineered substance designed to 29
mimic the effects of an existing substance controlled under 30
Sections 41-29-113 or 41-29-115. The term, includes, but is not 31
limited to, fentanyl * * *, fentanyl-related substances, * * * or 32
fentanyl analogs * * * as set forth in Article 3, Chapter 29 of 33
Title 41 of the Mississippi Code of 1972. 34
(4) The intent of this section is to encourage the 35
prosecution of any person who sells or otherwise profits from the 36
sale of * * * illicit synthetic substances, which causes the death 37
of another person. It is not the intent of this section to enable 38
the prosecution of a drug user or drug addict who has shared 39
fentanyl with a friend or associate and the friend or associate 40
dies as a result of the injection, oral ingestion or inhalation of 41
the shared * * * illicit synthetic substance. 42
S. B. No. 2318 *SS26/R878* ~ OFFICIAL ~
26/SS26/R878
PAGE 3 (ens\kr)
ST: Illicit synthetic substances; provide
felony for the delivery of, where subsequent use
of the substance results in death.
(5) The penalty provided in this section shall be in 43
addition to any other criminal penalty provided by law. 44
SECTION 2. This act shall take effect and be in force from 45
and after its passage. 46