MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane, McMahan
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-139.1, Mississippi Code of 1972, is amended as follows:
41-29-139.1. (1) (a) A
person who delivers or causes the delivery of * * * an
illicit synthetic substance with knowledge of the * * * illicit
synthetic substance commits * * * a felony when as a result of the
unlawful delivery of * * * the illicit synthetic substance
in exchange for anything of value to another person, death to a person results
from the proximate cause of injection, oral ingestion or inhalation of the * * * illicit
synthetic substance.
(b) Upon conviction for violating the provisions of this section, the person shall be sentenced to imprisonment no less than twenty (20) years to a term of life in the custody of the Mississippi Department of Corrections and shall be fined not less than Ten Thousand Dollars ($10,000.00).
(2) Any person, who, in
good faith, without malice and in the absence of evidence of an intent to
defraud, seeks medical assistance for someone experiencing * * * an overdose from the
ingestion, injection or inhalation of an illicit synthetic substance shall
not be charged or prosecuted for a violation of this section, if the evidence
for the charge was gained as a result of the seeking of medical assistance.
(3) For purposes of this
section, " * * *illicit
synthetic substance" means a chemically engineered substance
designed to mimic the effects of an existing substance controlled under Sections
41-29-113 or 41-29-115. The term, includes, but is not limited to,
fentanyl * * *,
fentanyl-related substances, * * * or fentanyl analogs * * * as set forth in Article 3, Chapter 29 of
Title 41 of the Mississippi Code of 1972.
(4) The
intent of this section is to encourage the prosecution of any person who sells
or otherwise profits from the sale of * * * illicit synthetic
substances, which causes the death of another person. It is not the intent
of this section to enable the prosecution of a drug user or drug addict who has
shared fentanyl with a friend or associate and the friend or associate dies as
a result of the injection, oral ingestion or inhalation of the shared * * * illicit synthetic substance.
(5) The penalty provided in this section shall be in addition to any other criminal penalty provided by law.
SECTION 2. This act shall take effect and be in force from and after its passage.