MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Health and Welfare; Judiciary, Division B
By: Senator(s) Simmons (12th)
AN ACT TO AMEND SECTION 41-29-113, MISSISSIPPI CODE OF 1972, TO REMOVE MARIJUANA FROM THE LIST OF SCHEDULE I CONTROLLED SUBSTANCES; TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, TO CONFORM THE PENALTY FOR POSSESSION OF CONTROLLED SUBSTANCES OTHER THAN MARIJUANA; TO AMEND SECTION 41-29-105, MISSISSIPPI CODE OF 1972, TO CONFORM DEFINITIONS FOR THE UNIFORM CONTROLLED SUBSTANCES ACT; TO AMEND SECTIONS 41-29-136, 41-29-147, 41-29-149.1, 41-29-150 AND 33-13-520, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-113, Mississippi Code of 1972, is amended as follows:
41-29-113.
SCHEDULE I
(a) Schedule I consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, that is listed in this section.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl;
(2) Acetyl Fentanyl N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide;
(3) AH-7921 (3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl]benzamide);
(4) Acetylmethadol;
(5) Allylprodine;
(6) Alphacetylmethadol, except levo-alphacetylmethadol (levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(7) Alphameprodine;
(8) Alphamethadol;
(9) Alpha-methylfentanyl;
(10) Alpha-methylthiofentanyl;
(11) Benzethidine;
(12) Betacetylmethadol;
(13) Beta-hydroxyfentanyl;
(14) Beta-hydroxy-3-methylfentanyl;
(15) Betameprodine;
(16) Betamethadol;
(17) Betaprodine;
(18) Butyrl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide);
(19) Clonitazene;
(20) Dextromoramide;
(21) Diampromide;
(22) Diethylthiambutene;
(23) Difenoxin;
(24) Dimenoxadol;
(25) Dimepheptanol;
(26) Dimethylthiambutene;
(27) Dioxaphetyl butyrate;
(28) Dipipanone;
(29) Ethylmethylthiambutene;
(30) Etonitazene;
(31) Etoxeridine;
(32) Fentanyl-related substances, meaning any substance not otherwise listed under another schedule and for which no exemption or approval is in effect under Section 505 of the Federal Food, Drug, and Cosmetic Act [21 USC 355] that is structurally related to fentanyl by one or more of the following modifications:
(A) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(B) Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
(C) Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
(D) Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or
(E) Replacement of the N-propionyl group by another acyl group.
Fentanyl-related substances include, but are not limited to, cyclopropyl fentanyl, (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide); Furanyl-Fentanyl,
(N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide); valeryl fentanyl, (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide); para-fluorobutyryl fentanyl, (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide); para-methoxybutyryl fentanyl, (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide); para-chloroisobutyryl fentanyl, (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide); isobutyryl fentanyl, (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide);
cyclopentyl fentanyl, (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide); and
ocfentanil, (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide);
(33) Furethidine;
(34) Hydroxypethidine;
(35) Ketobemidone (including the optical and geometric isomers);
(36) Levomoramide;
(37) Levophenacylmorphan;
(38) 3-methylfentanyl;
(39) 3-methylthiofentanyl;
(40) Morpheridine;
(41) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(42) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (other names: beta-hydroxythiofentanyl);
(43) Noracymethadol;
(44) Norlevorphanol;
(45) Normethadone;
(46) Norpipanone;
(47) Para-fluorofentanyl;
(48) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(49) Phenadoxone;
(50) Phenampromide;
(51) Phenomorphan;
(52) Phenoperidine;
(53) Piritramide;
(54) Proheptazine;
(55) Properidine;
(56) Propiram;
(57) Racemoramide;
(58) Thiofentanyl;
(59) Tilidine;
(60) Trimeperidine;
(61) U-47700, 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide.
(c) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Monoacetylmorphine;
(16) Morphine methylbromide;
(17) Morphine methylsulfonate;
(18) Morphine-N-Oxide;
(19) Myrophine;
(20) Nicocodeine;
(21) Nicomorphine;
(22) Normorphine;
(23) Pholcodine;
(24) Thebacon.
(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric) and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Alpha-ethyltryptamine;
(2) 4-bromo-2,5-dimethoxy-amphetamine;
(3) 4-bromo-2,5-dimethoxyphenethylamine;
(4) 2,5-dimethoxyamphetamine;
(5) 2,5-dimethoxy-4-ethylamphetamine (DOET);
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3,4-methylenedioxy-amphetamine;
(9) 4-methyl-2,5-dimethoxy-amphetamine;
(10) 3,4-methylenedioxy amphetamine;
(11) 3,4-methylenedioxymethamphetamine (MDMA);
(12) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
(13) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy MDA, N-OHMDA, and N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine);
(14) 3,4,5-trimethoxy amphetamine;
(15) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(16) Alpha-methyltryptamine (also known as AMT);
(17) Bufotenine;
(18) Diethyltryptamine;
(19) Dimethyltryptamine;
(20) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);
(21) Ibogaine;
(22) Lysergic acid diethylamide (LSD);
* * *
( * * *23) Mescaline;
( * * *24) Parahexyl;
( * * *25) Peyote;
( * * *26) N-ethyl-3-piperidyl benzilate;
( * * *27) N-methyl-3-piperidyl benzilate;
( * * *28) Psilocybin;
( * * *29) Psilocyn;
( * * *30) Tetrahydrocannabinols, meaning
tetrahydrocannabinols contained in a plant of the genus Cannabis (cannabis
plant), as well as the synthetic equivalents of the substances contained in the
cannabis plant, or in the resinous extractives of such plant, and/or synthetic
substances, derivatives, and their isomers with similar chemical structure and
pharmacological activity to those substances contained in the plant such as the
following:
(A) 1 cis or trans tetrahydrocannabinol;
(B) 6 cis or trans tetrahydrocannabinol;
(C) 3,4 cis or trans tetrahydrocannabinol.
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of atomic positions, are covered.)
("Tetrahydrocannabinols" excludes dronabinol and nabilone.)
However, the following products are exempted from control:
(i) THC-containing industrial products made from cannabis stalks (e.g., paper, rope and clothing);
(ii) Processed cannabis plant materials used for industrial purposes, such as fiber retted from cannabis stalks for use in manufacturing textiles or rope;
(iii) Animal feed mixtures that contain sterilized cannabis seeds and other ingredients (not derived from the cannabis plant) in a formula designed, marketed and distributed for nonhuman consumption;
(iv) Personal care products that contain oil from sterilized cannabis seeds, such as shampoos, soaps, and body lotions (if the products do not cause THC to enter the human body); and
(v) Processed cannabis plant extract, oil or resin with a minimum ratio of twenty-to-one cannabidiol to tetrahydrocannabinol (20:1 cannabidiol:tetrahydrocannabinol), and diluted so as to contain at least fifty (50) milligrams of cannabidiol per milliliter, with not more than two and one-half (2.5) milligrams of tetrahydrocannabinol per milliliter;
( * * *31) Phencyclidine;
( * * *32) Ethylamine analog of
phencyclidine (PCE);
( * * *33) Pyrrolidine analog of
phencyclidine (PHP, PCPy);
( * * *34) Thiophene analog of
phencyclidine;
( * * *35) 1-[1-(2-thienyl)cyclohexyl]
pyrrolidine (TCPy);
( * * *36) 4-methylmethcathinone
(mephedrone);
( * * *37) 3,4-methylenedioxypyrovalerone
(MDPV);
( * * *38) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine
(2C-E);
( * * *39) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine
(2C-D);
( * * *40) 2-(4-chloro-2,5-dimethoxyphenyl)ethanamine
(2C-C);
( * * *41) 2-(4-iodo-2,5-dimethoxyphenyl)ethanamine
(2C-I); or 2,5-dimethoxy-4-iodophenethylamine;
( * * *42) 2-[4-(ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2);
( * * *43) 2-[4-(isopropylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-4);
( * * *44) 2-(2,5-dimethoxyphenyl)ethanamine
(2C-H);
( * * *45) 2-(2,5-dimethoxy-4-nitro-phenyl)ethanamine
(2C-N);
( * * *46) 2-(2,5-dimethoxy-4-(n)-propylphenyl)ethanamine
(2C-P);
( * * *47) 3,4-methylenedioxy-N-methylcathinone(methylone);
( * * *48) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
(25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36);
( * * *49) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
(25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82);
( * * *50) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
or N-[(2-methoxyphenyl)methyl]ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5);
( * * *51) 7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1,
4-benzodiazepin-2-one (also known as Phenazepam);
( * * *52) 7-(2-chlorophenyl)-4-ethyl-13-methyl-3-thia-1,8,
11,12-tetraazatricyclo[8.3.0.0]trideca-2(6),4,7,10,12-pentaene (also known as
Etizolam);
( * * *53) Salvia divinorum;
( * * *54) Synthetic cannabinoids. Unless
specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of a synthetic
cannabinoid found in any of the following chemical groups, whether or not
substituted to any extent, or any of those groups which contain any synthetic
cannabinoid salts, isomers, or salts of isomers, whenever the existence of such
salts, isomers, or salts of isomers is possible within the specific chemical
designation, including all synthetic cannabinoid chemical analogues in such
groups:
(A) (6aR,10aR)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1,1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);
(B) Naphthoylindoles and naphthylmethylindoles, being any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane, whether or not substituted in the indole ring to any extent, or in the naphthyl ring to any extent;
(C) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl)pyrrole, whether or not substituted in the pyrrole ring to any extent, or in the naphthyl ring to any extent;
(D) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl)indene, whether or not substituted in the indene ring to any extent or in the naphthyl ring to any extent;
(E) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole, whether or not substituted in the indole ring to any extent or in the phenyl ring to any extent;
(F) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol, whether or not substituted in the cyclohexyl ring to any extent or in the phenolic ring to any extent;
(G) Benzoylindoles, whether or not substituted in the indole ring to any extent or in the phenyl ring to any extent;
(H) Adamantoylindoles, whether or not substituted in the indole ring to any extent or in the adamantoyl ring system to any extent;
(I) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin;
(J) 3-Cyclopropylmethanone indole or 3-Cyclobutylmethanone indole or 3-Cyclopentylmethanone indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent;
(K) Quinolinyl ester indoles, being any compound structurally derived from 1H-indole-3carboxylic acid-8-quinolinyl ester, whether or not substituted in the indole ring to any extent or the quinolone ring to any extent;
(L) 3-carboxamide-1H-indazoles, whether or not substituted in the indazole ring to any extent and substituted to any degree on the carboxamide nitrogen and 3-carboxamide-1H-indoles, whether or not substituted in the indole ring to any extent and substituted to any degree on the carboxamide nitrogen;
(M) Cycloalkanemethanone Indoles, whether or not substituted at the nitrogen atom on the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cycloalkane ring to any extent.
(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Gamma-hydroxybutyric acid (other names include: GHB, gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);
(2) Mecloqualone;
(3) Methaqualone.
(f) Stimulants. Any material, compound, mixture or preparation which contains any quantity of the following central nervous system stimulants including optical salts, isomers and salts of isomers unless specifically excepted or unless listed in another schedule:
(1) Aminorex;
(2) N-benzylpiperazine (also known as BZP and 1-benzylpiperazine);
(3) Cathinone;
(4) Fenethylline;
(5) Methcathinone;
(6) 4-methylaminorex (also known as 2-amino-4-methyl-5-phenyl-2-oxazoline);
(7) N-ethylamphetamine;
(8) Any material, compound, mixture or preparation which contains any quantity of N,N-dimethylamphetamine. (Other names include: N,N,-alpha-trimethyl-benzeneethanamine and N,N-alpha-trimethylphenethylamine);
(9) Synthetic cathinones. (A) Unless listed in another schedule, any compound other than bupropion that is structurally derived from 2-Amino-1-phenyl-1-propanone by modification in any of the following ways:
(i) By substitution in the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy, haloalkyl or halide substituents, whether or not further substituted in the phenyl ring by one or more other univalent substituents;
(ii) By substitution at the 3-position with an alkyl substituent;
(iii) By substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(B) The compounds covered in this paragraph (9) include, but are not limited to, any material, compound, mixture or preparation which contains any quantity of a synthetic cathinone found in any of the following compounds, whether or not substituted to any extent, or any of these compounds which contain any synthetic cathinone, or salts, isomers, or salts of isomers, whenever the existence of such salts, isomers or salts of isomers is possible, unless specifically excepted or listed in another schedule:
(i) 4-methyl-N-ethylcathinone ("4-MEC");
(ii) 4-methyl-alpha-pyrrolidinopropiophenone ("4-MePPP");
(iii) Alpha-pyrrolidinopentiophenone ("α-PVP");
(iv) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one ("butylone");
(v) 2-(methylamino)-1-phenylpentan-1-one ("pentedrone");
(vi) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one ("pentylone");
(vii) 4-fluoro-N-methylcathinone ("4-FMC");
(viii) 3-fluoro-N-methylcathinone ("3-FMC");
(ix) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one ("naphyrone");
(x) Alpha-pyrrolidinobutiophenone ("α-PBP"); and
(xi) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone).
SECTION 2. Section 41-29-139, Mississippi Code of 1972, is amended as follows:
41-29-139. (a) Transfer and possession with intent to transfer. Except as authorized by this article, it is unlawful for any person knowingly or intentionally:
(1) To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or
(2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance.
(b) Punishment for transfer and possession with intent to transfer. Except as otherwise provided in Section 41-29-142, any person who violates subsection (a) of this section shall be, if convicted, sentenced as follows:
(1) For controlled
substances classified in Schedule I or II, as set out in Sections 41-29-113 and
41-29-115, other than * * * synthetic cannabinoids:
(A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.
(B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
(C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than five (5) years nor more than thirty (30) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.
(2) * * *
For synthetic cannabinoids:
* * *(A) If ten (10) grams or less, by
imprisonment for not more than three (3) years or a fine of not more than Three
Thousand Dollars ($3,000.00), or both;
* * *(B) If more than ten (10) grams but
less than twenty (20) grams, by imprisonment for not more than five (5) years
or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
* * *(C) If twenty (20) or more grams but
less than forty (40) grams, by imprisonment for not less than three (3) years
nor more than ten (10) years or a fine of not more than Fifteen Thousand
Dollars ($15,000.00), or both;
* * *(D) If forty (40) or more grams but
less than two hundred (200) grams, by imprisonment for not less than five (5)
years nor more than twenty (20) years or a fine of not more than Twenty
Thousand Dollars ($20,000.00), or both.
(3) For controlled substances classified in Schedules III and IV, as set out in Sections 41-29-117 and 41-29-119:
(A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
(B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;
(C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not more than fifteen (15) years or a fine of not more than One Hundred Thousand Dollars ($100,000.00), or both;
(D) If thirty (30) or more grams or forty (40) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not more than twenty (20) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
(4) For controlled substances classified in Schedule V, as set out in Section 41-29-121:
(A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than one (1) year or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
(B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
(C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not more than ten (10) years or a fine of not more than Twenty Thousand Dollars ($20,000.00), or both;
(D) For thirty (30) or more grams or forty (40) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not more than fifteen (15) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.
(c) Simple possession.
It is unlawful for any person knowingly or intentionally to possess any
controlled substance unless the substance was obtained directly from, or
pursuant to, a valid prescription or order of a practitioner while acting in
the course of his professional practice, or except as otherwise authorized by
this article. The penalties for any violation of this subsection (c) with
respect to a controlled substance classified in Schedules I, II, III, IV or V,
as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121,
including * * *
synthetic cannabinoids, shall be based on dosage unit as defined herein or the
weight of the controlled substance as set forth herein as appropriate:
"Dosage unit (d.u.)" means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. In the case of lysergic acid diethylamide (LSD) the term, "dosage unit" means a stamp, square, dot, microdot, tablet or capsule of a controlled substance.
For any controlled substance that does not fall within the definition of the term "dosage unit," the penalties shall be based upon the weight of the controlled substance.
The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance.
If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment.
A person shall be charged and sentenced as follows for a violation of this subsection with respect to:
(1) A controlled
substance classified in Schedule I or II, except * * * synthetic cannabinoids:
(A) If less than one-tenth (0.1) gram or two (2) dosage units, the violation is a misdemeanor and punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both.
(B) If one-tenth (0.1) gram or more or two (2) or more dosage units, but less than two (2) grams or ten (10) dosage units, by imprisonment for not more than three (3) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.
(C) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than eight (8) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
(D) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not less than three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.
(2) (A) * * * Synthetic cannabinoids:
1. If * * * ten
(10) grams or less of synthetic cannabinoids, by a fine of not less than One
Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00).
The provisions of this paragraph (2)(A) may be enforceable by summons if the
offender provides proof of identity satisfactory to the arresting officer and
gives written promise to appear in court satisfactory to the arresting officer,
as directed by the summons. A second conviction under this section within two
(2) years is a misdemeanor punishable by a fine of Two Hundred Fifty Dollars
($250.00), not more than sixty (60) days in the county jail, and mandatory
participation in a drug education program approved by the Division of Alcohol
and Drug Abuse of the State Department of Mental Health, unless the court
enters a written finding that a drug education program is inappropriate. A
third or subsequent conviction under this paragraph (2)(A) within two (2) years
is a misdemeanor punishable by a fine of not less than Two Hundred Fifty
Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) and
confinement for not more than six (6) months in the county jail.
Upon a first or second conviction under this paragraph (2)(A), the courts shall forward a report of the conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this paragraph (2)(A) and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;
2. Additionally,
a person who is the operator of a motor vehicle, who possesses on his person or
knowingly keeps or allows to be kept in a motor vehicle within the area of the
vehicle normally occupied by the driver or passengers, more than one (1) gram,
but * * * not more than ten (10) grams of
synthetic cannabinoids is guilty of a misdemeanor and, upon conviction, may be
fined not more than One Thousand Dollars ($1,000.00) or confined for not more
than ninety (90) days in the county jail, or both. For the purposes of this
subsection, such area of the vehicle shall not include the trunk of the motor
vehicle or the areas not normally occupied by the driver or passengers if the
vehicle is not equipped with a trunk. A utility or glove compartment shall be
deemed to be within the area occupied by the driver and passengers;
* * *
( * * *B) Synthetic cannabinoids:
1. If more than ten (10) grams but less than twenty (20) grams, by a fine of not more than One Thousand Dollars ($1,000.00), or confinement in the county jail for not more than one (1) year, or both; or by a fine of not more than Three Thousand Dollars ($3,000.00), or imprisonment in the custody of the Department of Corrections for not more than three (3) years, or both;
2. If twenty (20) or more grams but less than forty (40) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;
3. If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both;
4. If two hundred (200) or more grams, by imprisonment for not less than six (6) years nor more than twenty-four (24) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.
(3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:
(A) If less than fifty (50) grams or less than one hundred (100) dosage units, the offense is a misdemeanor and punishable by not more than one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both.
(B) If fifty (50) or more grams or one hundred (100) or more dosage units, but less than one hundred fifty (150) grams or five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(C) If one hundred fifty (150) or more grams or five hundred (500) or more dosage units, but less than three hundred (300) grams or one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.
(D) If three hundred (300) or more grams or one thousand (1,000) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
(d) Paraphernalia.
(1) It is unlawful for a person who is not authorized by the State Board of
Medical Licensure, State Board of Pharmacy, or other lawful authority to use,
or to possess with intent to use, paraphernalia to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or
otherwise introduce into the human body a controlled substance in violation of
the Uniform Controlled Substances Law. Any person who violates this subsection
(d)(1) is guilty of a misdemeanor and, upon conviction, may be confined in the
county jail for not more than six (6) months, or fined not more than Five
Hundred Dollars ($500.00), or both * * *.
(2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Except as provided in subsection (d)(3), a person who violates this subsection (d)(2) is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(3) Any person eighteen (18) years of age or over who violates subsection (d)(2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss. Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.
(f) Trafficking. (1) Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of not less than ten (10) years nor more than forty (40) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00). The ten-year mandatory sentence shall not be reduced or suspended. The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding.
(2) "Trafficking in controlled substances" as used herein means:
(A) A violation of
subsection (a) of this section involving thirty (30) or more grams or forty
(40) or more dosage units of a Schedule I or II controlled substance except * * * synthetic cannabinoids;
(B) A violation of subsection (a) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance;
(C) A violation of
subsection (c) of this section involving thirty (30) or more grams or forty
(40) or more dosage units of a Schedule I or II controlled substance except * * * synthetic cannabinoids;
(D) A violation of subsection (c) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance; or
(E) A violation of
subsection (a) of this section involving * * * two
hundred (200) grams or more of synthetic cannabinoids.
(g) Aggravated
trafficking. Any person trafficking in Schedule I or II controlled
substances, except * * * synthetic cannabinoids, of two hundred (200) grams or more shall
be guilty of aggravated trafficking and, upon conviction, shall be sentenced to
a term of not less than twenty-five (25) years nor more than life in prison and
shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than
One Million Dollars ($1,000,000.00). The twenty-five-year sentence shall be a
mandatory sentence and shall not be reduced or suspended. The person shall not
be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139,
47-7-3 and 47-7-33, to the contrary notwithstanding.
(h) Sentence mitigation. (1) Notwithstanding any provision of this section, a person who has been convicted of an offense under this section that requires the judge to impose a prison sentence which cannot be suspended or reduced and is ineligible for probation or parole may, at the discretion of the court, receive a sentence of imprisonment that is no less than twenty-five percent (25%) of the sentence prescribed by the applicable statute. In considering whether to apply the departure from the sentence prescribed, the court shall conclude that:
(A) The offender was not a leader of the criminal enterprise;
(B) The offender did not use violence or a weapon during the crime;
(C) The offense did not result in a death or serious bodily injury of a person not a party to the criminal enterprise; and
(D) The interests of justice are not served by the imposition of the prescribed mandatory sentence.
The court may also consider whether information and assistance were furnished to a law enforcement agency, or its designee, which, in the opinion of the trial judge, objectively should or would have aided in the arrest or prosecution of others who violate this subsection. The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished.
(2) If the court reduces the prescribed sentence pursuant to this subsection, it must specify on the record the circumstances warranting the departure.
SECTION 3. Section 41-29-105, Mississippi Code of 1972, is amended as follows:
41-29-105. The following words and phrases, as used in this article, shall have the following meanings, unless the context otherwise requires:
(a) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:
( * * *i) A practitioner (or, in his
presence, by his authorized agent); or
( * * *ii) The patient or research subject at
the direction and in the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. Such word does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman. This definition shall not be applied to the term "agent" when such term clearly designates a member or officer of the Bureau of Narcotics or other law enforcement organization.
(c) "Board" means the Mississippi State Board of Medical Licensure.
(d) "Bureau" means the Mississippi Bureau of Narcotics. However, where the title "Bureau of Drug Enforcement" occurs, that term shall also refer to the Mississippi Bureau of Narcotics.
(e) "Commissioner" means the Commissioner of the Department of Public Safety.
(f) "Controlled substance" means a drug, substance or immediate precursor in Schedules I through V of Sections 41-29-113 through 41-29-121.
(g) "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
(i) "Director" means the Director of the Bureau of Narcotics.
(j) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.
(k) "Dispenser" means a practitioner who dispenses.
(l) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(m) "Distributor" means a person who distributes.
(n) "Drug"
means ( * * *i)
a substance recognized as a drug in the official United States Pharmacopoeia,
official Homeopathic Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; ( * * *ii) a substance intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in man or
animals; ( * * *iii)
a substance (other than food) intended to affect the structure or any function
of the body of man or animals; and ( * * *iv) a substance intended for use as a
component of any article specified in this paragraph. Such word does not
include devices or their components, parts, or accessories.
(o) "Hashish" means the resin extracted from any part of the plants of the genus Cannabis and all species thereof or any preparation, mixture or derivative made from or with that resin.
(p) "Immediate precursor" means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
(q) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term "manufacture" does not include the preparation, compounding, packaging or labeling of a controlled substance in conformity with applicable state and local law:
( * * *i) By a practitioner as an incident to
his administering or dispensing of a controlled substance in the course of his
professional practice; or
( * * *ii) By a practitioner, or by his
authorized agent under his supervision, for the purpose of, or as an incident
to, research, teaching or chemical analysis and not for sale.
* * *
( * * *r) "Narcotic drug" means any
of the following, whether produced directly or indirectly by extraction from
substances of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis:
( * * *i) Opium and opiate, and any salt,
compound, derivative or preparation of opium or opiate;
( * * *ii) Any salt, compound, isomer,
derivative or preparation thereof which is chemically equivalent or identical
with any of the substances referred to in clause 1, but not including the
isoquinoline alkaloids of opium;
( * * *iii) Opium poppy and poppy straw; and
( * * *iv) Cocaine, coca leaves and any salt,
compound, derivative or preparation of cocaine, coca leaves, and any salt,
compound, isomer, derivative or preparation thereof which is chemically
equivalent or identical with any of these substances, but not including
decocainized coca leaves or extractions of coca leaves which do not contain
cocaine or ecgonine.
( * * *s) "Opiate" means any
substance having an addiction-forming or addiction-sustaining liability similar
to morphine or being capable of conversion into a drug having addiction-forming
or addiction-sustaining liability. It does not include, unless specifically
designated as controlled under Section 41-29-111, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). Such word does
include its racemic and levorotatory forms.
( * * *t) "Opium poppy" means the
plant of the species Papaver somniferum L., except its seeds.
( * * *u) (i)
"Paraphernalia" means all equipment, products and materials of any
kind which are used, intended for use, or designed for use, in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body a controlled substance in violation
of the Uniform Controlled Substances Law. It includes, but is not limited to:
* * *1. Kits used, intended for use, or
designed for use in planting, propagating, cultivating, growing or harvesting
of any species of plant which is a controlled substance or from which a
controlled substance can be derived;
* * *2. Kits used, intended for use, or
designed for use in manufacturing, compounding, converting, producing,
processing or preparing controlled substances;
* * *3. Isomerization devices used,
intended for use or designed for use in increasing the potency of any species
of plant which is a controlled substance;
* * *4. Testing equipment used, intended
for use, or designed for use in identifying or in analyzing the strength,
effectiveness or purity of controlled substances;
* * *5. Scales and balances used,
intended for use or designed for use in weighing or measuring controlled
substances;
* * *6. Diluents and adulterants, such
as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used,
intended for use or designed for use in cutting controlled substances;
* * *
* * *7. Blenders, bowls, containers,
spoons and mixing devices used, intended for use or designed for use in
compounding controlled substances;
* * *8. Capsules, balloons, envelopes
and other containers used, intended for use or designed for use in packaging
small quantities of controlled substances;
* * *9. Containers and other objects
used, intended for use or designed for use in storing or concealing controlled
substances;
* * *10. Hypodermic syringes, needles
and other objects used, intended for use or designed for use in parenterally
injecting controlled substances into the human body;
* * *11. Objects used, intended for use
or designed for use in ingesting, inhaling or otherwise introducing * * * cocaine * * * into the human body,
such as:
* * *a. Metal, wooden, acrylic, glass,
stone, plastic or ceramic pipes with or without screens, permanent screens,
hashish heads or punctured metal bowls;
* * *b. Water pipes;
* * *c. Carburetion tubes and devices;
* * *d. Smoking and carburetion masks;
* * *
* * *e. Miniature cocaine spoons and
cocaine vials;
* * *f. Chamber pipes;
* * *g. Carburetor pipes;
* * *h. Electric pipes;
* * *i. Air-driven pipes;
* * *j. Chillums;
* * *k. Bongs; and
* * *l. Ice pipes or chillers.
(ii) In determining whether an object is paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
* * *1. Statements by an owner or by
anyone in control of the object concerning its use;
* * *2. Prior convictions, if any, of an
owner, or of anyone in control of the object, under any state or federal law
relating to any controlled substance;
* * *3. The proximity of the object, in
time and space, to a direct violation of the Uniform Controlled Substances Law;
* * *4. The proximity of the object to
controlled substances;
* * *5. The existence of any residue of
controlled substances on the object;
* * *6. Direct or circumstantial
evidence of the intent of an owner, or of anyone in control of the object, to
deliver it to persons whom he knows, or should reasonably know, intend to use
the object to facilitate a violation of the Uniform Controlled Substances Law;
the innocence of an owner, or of anyone in control of the object, as to a
direct violation of the Uniform Controlled Substances Law shall not prevent a
finding that the object is intended for use, or designed for use as
paraphernalia;
* * *7. Instructions, oral or written,
provided with the object concerning its use;
* * *8. Descriptive materials
accompanying the object which explain or depict its use;
* * *9. National and local advertising
concerning its use;
* * *10. The manner in which the object
is displayed for sale;
* * *11. Whether the owner or anyone in
control of the object is a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of tobacco products;
* * *12. Direct or circumstantial
evidence of the ratio of sales of the object(s) to the total sales of the
business enterprise;
* * *13. The existence and scope of
legitimate uses for the object in the community;
* * *14. Expert testimony concerning
its use.
( * * *v) "Person" means
individual, corporation, government or governmental subdivision or agency,
business trust, estate, trust, partnership or association, or any other legal
entity.
( * * *w) "Poppy straw" means all
parts, except the seeds, of the opium poppy, after mowing.
( * * *x) "Practitioner" means:
( * * *i) A physician, dentist, veterinarian,
scientific investigator, optometrist certified to prescribe and use therapeutic
pharmaceutical agents under Sections 73-19-153 through 73-19-165, or other
person licensed, registered or otherwise permitted to distribute, dispense,
conduct research with respect to or to administer a controlled substance in the
course of professional practice or research in this state; and
( * * *ii) A pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or to administer a controlled
substance in the course of professional practice or research in this state.
( * * *y) "Production" includes the
manufacture, planting, cultivation, growing or harvesting of a controlled
substance.
( * * *z) "Sale," "sell"
or "selling" means the actual, constructive or attempted transfer or
delivery of a controlled substance for remuneration, whether in money or other
consideration.
( * * *aa) "State," when applied
to a part of the United States, includes any state, district, commonwealth,
territory, insular possession thereof, and any area subject to the legal
authority of the United States of America.
( * * *bb) "Ultimate user" means a
person who lawfully possesses a controlled substance for his own use or for the
use of a member of his household or for administering to an animal owned by him
or by a member of his household.
SECTION 4. Section 41-29-136, Mississippi Code of 1972, is amended as follows:
41-29-136. (1) "CBD solution" means a pharmaceutical preparation consisting of processed cannabis plant extract in oil or other suitable vehicle.
(2) (a) CBD solution prepared from Cannabis plant extract that is provided by the National Center for Natural Products Research at the University of Mississippi under appropriate federal and state regulatory approvals may be dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center (UMMC Pharmacy) after mixing the extract with a suitable vehicle. The CBD solution may be prepared by the UMMC Pharmacy or by another pharmacy or laboratory in the state under appropriate federal and state regulatory approvals and registrations. For the purposes of clinical trials under this section, CBD solution must meet the standard of exemption from control under Section 41-29-113.
(b) The patient or the patient's parent, guardian or custodian must execute a hold-harmless agreement that releases from liability the state and any division, agency, institution or employee thereof involved in the research, cultivation, processing, formulating, dispensing, prescribing or administration of CBD solution obtained from entities authorized under this section to produce or possess cannabidiol for research under appropriate federal and state regulatory approvals and registrations.
(c) The National Center for Natural Products Research at the University of Mississippi and the Mississippi Agricultural and Forestry Experiment Station at Mississippi State University are the only entities authorized to produce cannabis plants for cannabidiol research.
(d) Research of CBD solution under this section must comply with the provisions of Section 41-29-125 regarding lawful possession of controlled substances, of Section 41-29-137 regarding record-keeping requirements relative to the dispensing, use or administration of controlled substances, and of Section 41-29-133 regarding inventory requirements, insofar as they are applicable. Authorized entities may enter into public-private partnerships to facilitate research.
(3) (a) In a prosecution for the unlawful possession of marijuana under the laws of this state, it is an affirmative and complete defense to prosecution that:
(i) The defendant suffered from a debilitating epileptic condition or related illness and the use or possession of CBD solution was pursuant to the order of a physician as authorized under this section; or
(ii) The defendant is the parent, guardian or custodian of an individual who suffered from a debilitating epileptic condition or related illness and the use or possession of CBD solution was pursuant to the order of a physician as authorized under this section.
(b) An agency of this state or a political subdivision thereof, including any law enforcement agency, may not initiate proceedings to remove a child from the home based solely upon the possession or use of CBD solution by the child or parent, guardian or custodian of the child as authorized under this section.
(c) An employee of the state or any division, agency, institution thereof involved in the research, cultivation, processing, formulation, dispensing, prescribing or administration of CBD solution shall not be subject to prosecution for unlawful possession, use, distribution or prescription of marijuana under the laws of this state for activities arising from or related to the use of CBD solution in the treatment of individuals diagnosed with a debilitating epileptic condition.
(4) This section shall be known as "Harper Grace's Law."
(5) This section shall stand repealed from and after July 1, 2021.
SECTION 5. Section 41-29-147, Mississippi Code of 1972, is amended as follows:
41-29-147. Except as otherwise provided in Section 41-29-142, any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
For purposes of this
section, an offense is considered a second or subsequent offense, if, prior to
his conviction of the offense, the offender has at any time been convicted
under this article or under any statute of the United States or of any state
relating to narcotic drugs, * * * depressant, stimulant or
hallucinogenic drugs.
SECTION 6. Section 41-29-149.1, Mississippi Code of 1972, is amended as follows:
41-29-149.1. (1) This section shall be known as the "Mississippi Medical Emergency Good Samaritan Act."
(2) As used in this section, the following words shall have the meanings ascribed:
(a) "Drug overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlled substance or dangerous drug in violation of this chapter or that a layperson would reasonably believe to be resulting from the consumption or use of a controlled substance or dangerous drug for which medical assistance is required.
(b) "Drug violation" means:
(i) A violation of Section 41-29-139 for possession of a controlled substance if the aggregate weight, including any mixture, is less than four (4) grams of a solid substance, less than twenty (20) dosage units, less than one (1) milliliter of liquid substance, or, if the substance is placed onto a secondary medium, has a combined weight of less than four (4) grams;
(ii) A violation
of Section 41-29-139 for possession of * * * ten
(10) grams or less of synthetic cannabinoids; or
(iii) A violation of Section 41-29-139(d)(2) relating to possession and use of paraphernalia.
(c) "Medical assistance" means aid provided to a person experiencing or believed to be experiencing a drug overdose by a health care professional who is licensed, registered, or certified under the laws of this state and who, acting within the lawful scope of practice, may provide diagnosis, treatment, or emergency services relative to the overdose.
(d) "Seeks medical assistance" means accesses or assists in accessing the E-911 system or otherwise contacts or assists in contacting law enforcement or a poison control center or provides care to a person experiencing or believed to be experiencing a drug overdose while awaiting the arrival of medical assistance to aid the person.
(3) (a) Any person who in good faith seeks medical assistance for someone who is experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if there is evidence that the person is under the influence of a controlled substance or in possession of a controlled substance as referenced in subsection (2)(b) of this section.
(b) Any person who is experiencing a drug overdose and, in good faith, seeks medical assistance or is the subject of a request for medical assistance shall not be arrested, charged, or prosecuted for a drug violation if there is evidence that the person is under the influence of a controlled substance or in possession of a controlled substance as referenced in subsection (2)(b) of this section.
(c) A person shall also not be subject to, if related to the seeking of medical assistance:
(i) Penalties for a violation of a permanent or temporary protective order or restraining order;
(ii) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole based on a drug violation; or
(iii) Forfeiture of property pursuant to Section 41-29-153 or 41-29-176 for a drug violation, except that prima facie contraband shall be subject to forfeiture.
(4) Nothing in this section shall be construed:
(a) To limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (3) of this section or with regard to other crimes committed by a person who otherwise qualifies for protection pursuant to subsection (3) of this section;
(b) To limit any seizure of evidence or contraband otherwise permitted by law; and
(c) To limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in subsection (3) of this section.
SECTION 7. Section 41-29-150, Mississippi Code of 1972, is amended as follows:
41-29-150. (a) Any person convicted under Section 41-29-139 may be required, in the discretion of the court, as a part of the sentence otherwise imposed, or in lieu of imprisonment in cases of probation or suspension of sentence, to attend a course of instruction conducted by the bureau, the State Board of Health, or any similar agency, on the effects, medically, psychologically and socially, of the misuse of controlled substances. The course may be conducted at any correctional institution, detention center or hospital, or at any center or treatment facility established for the purpose of education and rehabilitation of those persons committed because of abuse of controlled substances.
(b) Any person convicted under Section 41-29-139 who is found to be dependent upon or addicted to any controlled substance shall be required, as a part of the sentence otherwise imposed, or in lieu of imprisonment in cases of parole, probation or suspension of sentence, to receive medical treatment for such dependency or addiction. The regimen of medical treatment may include confinement in a medical facility of any correctional institution, detention center or hospital, or at any center or facility established for treatment of those persons committed because of a dependence or addiction to controlled substances.
(c) Those persons previously convicted of a felony under Section 41-29-139 and who are now confined at the Mississippi State Hospital at Whitfield, Mississippi, or at the East Mississippi State Hospital at Meridian, Mississippi, for the term of their sentence shall remain under the jurisdiction of the Mississippi Department of Corrections and shall be required to abide by all reasonable rules and regulations promulgated by the director and staff of said institutions and of the Department of Corrections. Any persons so confined who shall refuse to abide by said rules or who attempt an escape or who shall escape shall be transferred to the State Penitentiary or to a county jail, where appropriate, to serve the remainder of the term of imprisonment; this provision shall not preclude prosecution and conviction for escape from said institutions.
(d) (1) If any person who
has not previously been convicted of violating Section 41-29-139, or the laws
of the United States or of another state relating to narcotic drugs, stimulant
or depressant substances * * *, or other controlled substances * * * is found to be guilty of a
violation of subsection (c) or (d) of Section 41-29-139, after trial or upon a
plea of guilty, the court may, without entering a judgment of guilty and with
the consent of such person, defer further proceedings and place him on
probation upon such reasonable conditions as it may require and for such period,
not to exceed three (3) years, as the court may prescribe. Upon violation of a
condition of the probation, the court may enter an adjudication of guilt and
proceed as otherwise provided. The court may, in its discretion, dismiss the
proceedings against such person and discharge him from probation before the
expiration of the maximum period prescribed for such person's probation. If
during the period of his probation such person does not violate any of the
conditions of the probation, then upon expiration of such period the court
shall discharge such person and dismiss the proceedings against him. Discharge
and dismissal under this subsection shall be without court adjudication of
guilt, but a nonpublic record thereof shall be retained by the bureau solely
for the purpose of use by the courts in determining whether or not, in
subsequent proceedings, such person qualifies under this subsection. Such
discharge or dismissal shall not be deemed a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime,
including the penalties prescribed under this article for second or subsequent
conviction, or for any other purpose. Discharge and dismissal under this
subsection may occur only once with respect to any person; and
(2) Upon the dismissal of a person and discharge of proceedings against him under paragraph (1) of this subsection, the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained by the bureau under paragraph (1) of this subsection, all recordation relating to his arrest, indictment, trial, finding of guilt, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged, or that the person had satisfactorily served his sentence or period of probation and parole, it shall enter an order of expunction. The effect of the order shall be to restore the person, in the contemplation of the law, to the status he occupied before such arrest or indictment. No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, indictment or trial in response to any inquiry made of him for any purpose. A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror. The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction.
(e) Every person who has been or may hereafter be convicted of a felony offense under Section 41-29-139 and sentenced under Section 41-29-150(c) shall be under the jurisdiction of the Mississippi Department of Corrections.
(f) It shall be unlawful for any person confined under the provisions of subsection (b) or (c) of this section to escape or attempt to escape from said institution, and, upon conviction, said person shall be guilty of a felony and shall be imprisoned for a term not to exceed two (2) years.
(g) It is the intent and purpose of the Legislature to promote the rehabilitation of persons convicted of offenses under the Uniform Controlled Substances Law.
SECTION 8. Section 33-13-520, Mississippi Code of 1972, is amended as follows:
33-13-520. (1) Any person subject to this code who uses, while on duty, any controlled substance listed in the Uniform Controlled Substances Law, not legally prescribed, or is found, by a chemical analysis of such person's blood or urine, to have in his blood, while on duty, any controlled substance described in subsection (3), not legally prescribed, shall be punished as a court-martial may direct.
(2) Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the state military forces a substance described in subsection (3) shall be punished as a court-martial may direct.
(3) The substances referred to in subsections (1) and (2) are the following:
(a) Opium, heroin,
cocaine, amphetamine, lysergic acid diethylamide, methamphetamine,
phencyclidine * * *
and barbituric acid * * * and any compound or derivative
of any such substance.
(b) Any substance not specified in paragraph (a) that is listed on a schedule of controlled substance prescribed by the President for the purposes of the federal Uniform Code of Military Justice.
(c) Any other substance not specified in paragraph (a) or contained on a list prescribed by the President under paragraph (b) that is listed in Schedules I through V of Section 202 of the federal Controlled Substances Act (21 USCS 812).
SECTION 9. This act shall take effect and be in force from and after July 1, 2020.