House Bill 691

AN ACT TO REQUIRE ANY PERSON WHO POSSESSES A TABLET PRESS MACHINE TO REGISTER THE MACHINE WITH THE MISSISSIPPI BUREAU OF NARCOTICS BY A CERTAIN DATE; TO PROVIDE THAT POSSESSION OF AN UNREGISTERED TABLET PRESS MACHINE SHALL BE UNLAWFUL; TO REQUIRE ANY PERSON WHO PURCHASES A TABLET PRESS MACHINE TO KEEP CERTAIN RECORDS; TO PROVIDE THAT LAW ENFORCEMENT MAY INSPECT SUCH RECORDS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Victoria Huggins Act."

SECTION 2. (1) (a) Any person who purchases, owns or otherwise possesses a tablet press machine shall register the machine with the Mississippi Bureau of Narcotics. For purposes of this section, the term "tablet press machine" means any device that transforms, molds, presses, compresses or otherwise shapes powder materials into tablets or pills of sizes and/or shapes.

(b) From and after January 1, 2023, it shall be unlawful for any person to possess a tablet press machine that is not registered with the Mississippi Bureau of Narcotics. Any person who violates the provisions of this section shall be guilty of a felony, fined no less than Five Thousand Dollars ($5,000.00), imprisoned in the custody of the Mississippi Department of Corrections for not less than two (2) years, nor more than five (5) years, or both.

(2) (a) Any person who sells, transfers or otherwise furnishes a tablet press machine shall maintain records of all transactions, which shall include, at least:

(i) The name, address and age of the person from whom the machine is purchased as obtained from the seller's personal identification card;

(ii) The date and place of each acquisition of the machine;

(iii) The weight, quantity or volume and a general physical description of the type of machine purchased in a purchase transaction;

(iv) The amount of consideration given in a purchase transaction for the machine;

(v) The vehicle license tag number, state of issue and the make and type of the vehicle used to deliver the machine to the purchaser;

(vi) If a person other than the seller delivers the machine to the purchaser, the name, address and age of the person who delivers the machine;

(vii) A signed statement from the person receiving consideration in the purchase transaction stating that he is the rightful owner of the machine or is entitled to sell the machine being sold;

(viii) A scanned copy or a photocopy of the personal identification card of the person receiving consideration in the purchase transaction; or

(ix) If a person other than the seller delivers the machine to the purchaser, a scanned copy or a photocopy of the personal identification card of the person delivering the metal property to the purchaser; and

(x) A photograph, videotape or similar likeness of the person receiving consideration or any person other than the seller who delivers the machine to the purchaser in which the person's facial features are clearly visible and in which the machine the person is selling or delivering is clearly visible.

(b) The records shall be maintained by the purchaser for not less than two (2) years from the date of the purchase transaction, and such records shall be made available to any law enforcement officer.

(c) The purchaser of the machine must hold the machine separate and identifiable from other purchases for not less than three (3) business days from the date of purchase. The purchaser shall also photographically capture the machine in the same form, without change, in which the machine was acquired, and maintain the photograph for a period of not less than two (2) years. The time and date shall be digitally recorded on the photograph, and the identity of the person taking the photograph shall be recorded. The purchaser shall permit any law enforcement officer to make an inspection of the machine during the holding period, and of all photographs of the machine. Any photograph of the machine taken and maintained pursuant to this subsection shall be admissible in any civil or criminal proceeding.

(d) Any person who violates the provisions of this section shall be guilty of a felony, fined no less than Five Thousand Dollars ($5,000.00), imprisoned in the custody of the Mississippi Department of Corrections for not less than two (2) years, nor more than five (5) years, or both.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.