Mississippi Drug Possession/Drug Paraphernalia Defense Lawyers
Many people have relaxed their ideas about the use of controlled substances over the past several years, and some believe that drugs like marijuana should be completely legal for medicinal and recreational use. But the state of Mississippi doesn’t share those opinions, and an arrest for drug possession or drug paraphernalia in this state can have severe consequences.
Young people and college students have some of those relaxed attitudes about drugs, but the laws apply evenly no matter the age or other status of the person accused. If you or someone you love has been arrested for drug possession or paraphernalia in Mississippi, this isn’t something to take lightly. A charge alone could turn your life upside down, and a conviction could be life-altering. In addition to fines and jail time, a university student could face severe consequences that include expulsion.
At Tannehill, Carmean, & McKenzie, our experienced criminal defense attorneys in Oxford, Mississippi, represent clients who have been accused of all types of drug crimes. We do everything in our power to safeguard the rights and future of our clients. If you are facing a drug possession charge, contact our office today to schedule a free consultation.
How Mississippi Classifies Controlled Substances
Every state regulates the illegal use of controlled dangerous substances (CDS) and the penalties for possession according to their individual laws. Mississippi not only classifies well-known drugs like cocaine, heroin, and marijuana as CDS, but also compounds used to manufacture certain drugs.
The state divides CDS into five schedules, with Schedule I drugs being the most dangerous and Schedule V the least. When you are arrested for possession of drugs in Mississippi, the charges and potential penalties will depend on both the Schedule of the drugs and the amount found in your possession.
- Schedule I – These are considered to be the most serious or dangerous drugs as well as the most addictive. Some of the drugs on this list include heroin, opiate derivatives, LSD, ecstasy, and marijuana.
- Schedule II – Examples of Schedule II drugs include fentanyl, Vicodin, cocaine, hydromorphone, and methamphetamine.
- Schedule III – Examples of Schedule III drugs include Tylenol with codeine, anabolic steroids, and ketamine.
- Schedule IV – Examples of Schedule IV drugs include Ambien, Tramadol, Valium, and Xanax.
- Schedule V – Examples of Schedule V drugs include Lomotil, Lyrica, and cough medicine with codeine.
Minimal Marijuana Possession in Mississippi
If you are arrested for possession of less than 30 grams of marijuana in Mississippi, this is considered a misdemeanor. The penalties, if you are convicted, will depend on your criminal record. For a first offense, there is a $250 fine. For a second offense, there is a $250 fine plus a jail sentence of 5 to 60 days. For a third offense, there is a $250 fine plus a jail sentence of 5 days to six months.
Penalties for Drug Possession in Mississippi
All crimes for possession of Schedule I to Schedule V controlled substances are considered felonies as long as the amount of marijuana is over 30 grams. The penalties can be incredibly steep and will increase with greater quantities involved, repeat offenses, or aggravating circumstances.
Here are some of the potential penalties you might face based on the type of drug you have been accused of possessing and the amounts:
Schedule I & II Substances
- One dosage unit can be charged as a felony with fines up to $10,000 and one to four years in jail.
- Two to 10 doses carries a fine of up to $50,000 and a prison sentence from two to four years.
- 10 to 20 doses results a fine of up to $250,000 and a prison sentence of four to 16 years.
- 20 to 40 doses carries a fine of up to $500,000 and a prison sentence of six to 24 years.
- Over 40 doses results in a fine of up to $1 million and a prison sentence of 10 to 30 years.
Schedule III, IV, & V Substances
- Up to 100 doses carries a fine of up to $1,000 and up to one year in jail.
- 100 to 150 doses carries a fine of up to $10,000 and one to four years in jail.
- 150 to 300 doses results in a fine of up to $50,000 and two to eight years in prison.
Possession of Drug Paraphernalia in Mississippi
Mississippi not only takes drug possession seriously, but you can also get in trouble for possessing drug paraphernalia. These are items related to drugs. According to the law, they are anything used to “plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce a controlled substance into the human body…”
If this seems like an all-encompassing and vague definition, it certainly is since many household items, like Tupperware, would fit this description. But, if you are charged with possessing drug paraphernalia in Mississippi, this will be a misdemeanor with potential penalties of up to six months in jail and a $500 fine.
Aggressive Defense Against Drug Possession Charges in Mississippi
Many drug crimes cases are built on questionable evidence. The prosecution might be relying on evidence obtained through unreliable witnesses, an illegal search or seizure, or poor-quality audio or video evidence. We examine every case closely to determine the circumstances that led to your arrest. When appropriate, we will seek to suppress evidence that wasn’t properly obtained and work diligently to have your charges either reduced or dropped. If that isn’t possible, we are always prepared to defend our clients in court.
While it may be possible to take care of a drug paraphernalia charge without a mark on your permanent record, you could still get sentenced to probation and have to pay fines. If you’ve been arrested and charged with possession of drug paraphernalia, contact us to find out how we can help.
Contact a Reputable Oxford, MS Drug Possession Attorney
If you’re facing drug charges in Mississippi, the potential consequences are too steep to leave to chance. You must have representation from a criminal defense attorney with the experience and skill necessary to fight for the best possible resolution.
Turn to Tannehill, Carmean, & McKenzie for representation backed by years of positive results and an exceptional community reputation. To schedule an initial consultation with our Oxford drug crime lawyer, call our office at (662) 200-8731 or reach out to us online now.