Mississippi Common Drug Offenses
What Types Of Drug Offenses Does Your Firm Handle?
The most common type of drug offense our firm handles is simple possession of marijuana, which is a misdemeanor in Mississippi. This charge carries fairly mild penalties, including a fine of up to $250, and an automatic six-month suspension of one’s driver’s license. Subsequent offenses mean increased penalties including jail time. Another common drug offense that carries similar penalties is possession of drug paraphernalia, which is also a misdemeanor. The reason this charge is so common in Mississippi is because almost anything can be considered paraphernalia, including cellophane wrappings, small zip lock bags, kitchen scales, and rolling paper.
What Is An Unlawful Controlled Substance?
In Mississippi, there are Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V substances. Any substance or derivative thereof listed in those pages constitutes a controlled substance. For example, Xanax is a controlled substance, therefore a prescription is required in order to obtain it legally. If someone were found to be in possession of a controlled substance without having a prescription for it, then they would be charged with possession of a controlled substance.
What Is Considered Possession, Sale, Distribution, And Intent To Distribute Unlawful Drugs?
There are two types of possession in Mississippi: actual possession and constructive possession. The former is when a controlled substance or drug paraphernalia is found on someone’s person, while the latter is when a controlled substance or drug paraphernalia is found nearby someone, such as in their car or backpack. In order for someone to be charged with constructive possession, it must be shown that they exercised some dominion or control over the area in which the drugs or paraphernalia were located. The sale of unlawful drugs occurs when someone sells under a certain amount of an unlawful drug, whereas distribution is when someone sells a much higher quantity of an unlawful drug.
What Is The General Timeline Of A Drug-Related Case In Mississippi?
The timeline of a drug-related case in Mississippi will depend on whether it deals with a misdemeanor or felony and in what county or municipality an individual was charged. In most misdemeanor drug-related cases, it will take between three and six months from the date of being charged to the date of the trial. Felony cases can take anywhere from five months to one year. Certain locations have much slower turnaround times, such as Hinds County, which is the largest county in the state of Mississippi.
What Are The Penalties For A Drug Conviction In Mississippi?
The penalties for a drug conviction in Mississippi vary depending upon the type and quantity of drug involved. There are multiple schedules of controlled substances, and each schedule & amount carries different penalties. Generally, the lower quantity someone possesses the better position they will be in, but it is always best to discuss the particular details of a case with a lawyer.
Are There Any Alternative Programs Available For First-Time Drug Offenders?
In Mississippi, there are diversion programs available for first-time drug offenders. Most courts are happy to work with first-time offenders, because they want people to be productive members of society rather than commit subsequent crimes or develop addictions.
For more information on Drug Charges In The State Of Mississippi, an initial consultation is your next best step. The quicker The Franks Law Firm, PLLC gets involved, the better the result. Get the information and legal answers you are seeking by calling (601) 283-2343 today.