Senate Bill 2314

(As Passed the Senate)

AN ACT TO CODIFY SECTION 41-29-146.1, MISSISSIPPI CODE OF 1972, TO CREATE THE MISDEMEANOR OF FALSELY REPRESENTING A SUBSTANCE TO BE A CONTROLLED SUBSTANCE; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 41-29-146.1, Mississippi Code of 1972:

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. Any person who violates this section, upon conviction, shall be guilty of a misdemeanor and may be punished by imprisonment in the county jail for not more than one (1) year, by a fine of not more than One Thousand Dollars ($1,000.00), or by both. 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.