Senate Bill 2819

(As Passed the Senate)

AN ACT TO AMEND SECTION 41-29-146, MISSISSIPPI CODE OF 1972, TO CREATE A FELONY OFFENSE OF SALE, MANUFACTURE, DISTRIBUTION OR POSSESSION OF A SUBSTANCE MISREPRESENTED AS A CONTROLLED SUBSTANCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-29-146, Mississippi Code of 1972, is amended as follows:

41-29-146. (1) It shall be unlawful for any person to sell, produce, manufacture or possess with the intent to sell, produce, manufacture, distribute or dispense any substance which is falsely represented to be a controlled substance or which is * * * a counterfeit substance as defined in Section 41-29-105.

(2) The provisions of this section shall not apply to a law enforcement officer acting in the course and scope of his employment or to a medical practitioner, pharmacist or other person authorized to dispense or administer controlled substances.

(3) Any person who violates this section shall, upon conviction, be guilty of a felony and may be punished by confinement in the custody of the Department of Corrections for not more than five (5) years or by a fine of not more than Five Thousand Dollars ($5,000.00) or * * * both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.