MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B
By: Representative Moak
AN ACT TO AMEND SECTIONS 41-29-105, 41-29-113, 41-29-147 AND 41-29-150, MISSISSIPPI CODE OF 1972, TO CHANGE THE SPELLING OF MARIHUANA TO MARIJUANA; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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) " * * *Marijuana" means all parts
of the plant of the genus Cannabis and all species thereof, whether growing or
not, the seeds thereof, and every compound, manufacture, salt, derivative,
mixture or preparation of the plant or its seeds, excluding hashish.
(s) "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.
(t) "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.
(u) "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds.
(v) (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. Separation gins and sifters
used, intended for use or designed for use in removing twigs and seeds from, or
in otherwise cleaning or refining, * * * marijuana;
* * *8. Blenders, bowls, containers,
spoons and mixing devices used, intended for use or designed for use in
compounding controlled substances;
* * *9. Capsules, balloons, envelopes
and other containers used, intended for use or designed for use in packaging
small quantities of controlled substances;
* * *10. Containers and other objects
used, intended for use or designed for use in storing or concealing controlled
substances;
* * *11. Hypodermic syringes, needles
and other objects used, intended for use or designed for use in parenterally
injecting controlled substances into the human body;
* * *12. Objects used, intended for use
or designed for use in ingesting, inhaling or otherwise introducing * * *
marijuana,
cocaine, hashish or hashish oil 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. Roach clips, meaning objects used
to hold burning material, such as a * * * marijuana cigarette, that has
become too small or too short to be held in the hand;
* * *f. Miniature cocaine spoons and
cocaine vials;
* * *g. Chamber pipes;
* * *h. Carburetor pipes;
* * *i. Electric pipes;
* * *j. Air-driven pipes;
* * *k. Chillums;
* * *l. Bongs; and
* * *m. 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.
(w) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(x) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(y) "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.
(z) "Production" includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.
(aa) "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.
(bb) "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.
(cc) "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 2. Section 41-29-113, Mississippi Code of 1972, is amended as follows:
41-29-113. The controlled substances listed in this section are included in Schedule I.
SCHEDULE I
(a) Opiates. Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl;
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol, except levo-alphacetylmethadol (levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7) Alpha-methylfentanyl;
(8) Alpha-methylthiofentanyl;
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl;
(12) Beta-hydroxy-3-methylfentanyl;
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-methylfentanyl;
(35) 3-methylthiofentanyl;
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl;
(43) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl;
(54) Tilidine;
(55) Trimeperidine.
(b) Opiate derivatives. Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, 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.
(c) Hallucinogenic substances. 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, unless specifically excepted, 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) (A) MarihuanaMarijuana;
(B) Hashish;
(24) Mescaline;
(25) Parahexyl;
(26) Peyote;
(27) N-ethyl-3-piperidyl benzilate;
(28) N-methyl-3-piperidyl benzilate;
(29) Psilocybin;
(30) Psilocyn;
(31) 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 that contains more than fifteen percent (15%) cannabidiol (CBD) or a dilution of the resin that contains at least fifty (50) milligrams of cannabidiol per milliliter, but not more than one-half of one percent (.5%) of tetrahydrocannabinol;
(32) Phencyclidine;
(33) Ethylamine analog of phencyclidine (PCE);
(34) Pyrrolidine analog of phencyclidine (PHP, PCPy);
(35) Thiophene analog of phencyclidine;
(36) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine (TCPy);
(37) 4-methylmethcathinone (mephedrone);
(38) 3,4-methylenedioxypyrovalerone (MDPV);
(39) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(40) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
(41) 2-(4-chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(42) 2-(4-iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); or 2,5-dimethoxy-4-iodophenethylamine;
(43) 2-[4-(ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
(44) 2-[4-(isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
(45) 2-(2,5-dimethoxyphenyl)ethanamine (2C-H);
(46) 2-(2,5-dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(47) 2-(2,5-dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(48) 3,4-methylenedioxy-N-methylcathinone(methylone);
(49) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36);
(50) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82);
(51) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine or N-[(2-methoxyphenyl)methyl]ethanamine (25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5);
(52) 7-bromo-5-(2-chlorophenyl)-1,3-dihydro-2H-1, 4-benzodiazepin-2-one (also known as Phenazepam);
(53) 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);
(54) Salvia divinorum;
(55) 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 cannabiniol 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-carbozamide-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.
(d) 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.
(e) 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; 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-alphatrimethylphenethylamine);
(9) 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.
SECTION 3. 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, * * * marijuana, depressant,
stimulant or hallucinogenic drugs.
SECTION 4. 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, other controlled substances or * * *
marijuana 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 5. This act shall take effect and be in force from and after July 1, 2015.