Mississippi Cocaine Laws

The federal government and state governments classify controlled substances into different schedules. The state of Mississippi classifies controlled substances into five different schedules. Generally, the state classifies a drug based on the following categories:

  • The potential for abuse
  • The potential for addiction
  • Whether the drug has an accepted medical use in the United States

In Mississippi, generally, Schedule I drugs present the highest danger of abuse and have no accepted medical uses in the United States. Schedule V drugs have the lowest danger for abuse, they present a low threat of addiction, and they have legitimate medical uses. Examples of drugs in each schedule are as follows:

As noted above, cocaine is a Schedule II drug in Mississippi. Cocaine is an illegal drug under both federal and state law in the United States. Having even small amounts of cocaine can lead to severe criminal penalties.

This article offers an overview of Mississippi's laws and criminal penalties for cocaine. For more information, visit State Cocaine Laws.

Mississippi Cocaine Laws: Overview

Code sections

Mississippi Code Title 41, Chapter 29, Article 3 — Uniform Controlled Substances Law

  • MS Code § 41-29-115 (Schedule II Controlled Substances)
  • MS Code § 41-29-139 (Prohibited Acts & Penalties)
Simple possession of cocaine

It’s unlawful for a person to knowingly or intentionally have cocaine unless the law otherwise authorizes them. (§ 41-29-139(c))

If convicted, the following criminal penalties apply based on the amount of cocaine possessed:

  • Less than 0.1 grams or less than two dosage units: misdemeanor; up to one year of jail time and a fine of up to $1,000. (§ 41-29-139(c)(1)(A))
  • 0.1 grams or more of cocaine (or two or more dosage units) but less than two grams (or 10 dosage units): up to three years of imprisonment and a fine of up to $50,000. (§ 41-29-139(c)(1)(B))
  • Two or more grams of cocaine (or 10 or more dosage units) but less than 10 grams (or 20 dosage units): up to eight years of imprisonment and a fine of up to $250,000. (§ 41-29-139(c)(1)(C))
  • 10 or more grams of cocaine (or 20 or more dosage units) but less than 30 grams (or 40 dosage units): mandatory minimum sentence of less than three years, up to 20 years, and a fine of up to $500,000. (§ 41-29-139(c)(1)(D))
Transfer or possession with intent to transfer cocaine

It’s unlawful for a person to sell, barter, transfer, manufacture, distribute, dispense cocaine, or possess cocaine with the intent to do those things. (§ 41-29-139(a)(1))

If convicted, the following criminal penalties apply based on the amount of cocaine involved:

  • Less than two grams or 10 dosage units: up to eight years of imprisonment and a fine of up to $50,000. (§ 41-29-139(b)(1)(A))
  • Two or more grams of cocaine, but less than 10 grams (or less than 20 dosage units): mandatory minimum sentence of three years, up to 20 years, and a fine of up to $250,000. (§ 41-29-139(b)(1)(B))
  • 10 or more grams of cocaine, but less than 30 grams (or less than 40 dosage units): mandatory minimum sentence of five years, up to 30 years, and a fine of up to $500,000. (§ 41-29-139(b)(1)(C))
Drug paraphernalia

A person who uses or possesses drug paraphernalia 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 cocaine into the human body is guilty of a misdemeanor. (§ 41-29-139(d)(1))

It is also unlawful to deliver, sell, possess with the intent to deliver or sell or manufacture drug paraphernalia with the intent to deliver or sell it when the person knows (or reasonably should know) that someone will use it 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 cocaine into the human body. (§ 41-29-139(d)(2))

If convicted, they face up to six months in county jail and a fine of up to $500. (§ 41-29-139(d)(1))

Any person over the age of 18 who violates subsection (d)(2) by delivering or selling paraphernalia to someone under 18 and who is at least three years their junior is guilty of a misdemeanor. If convicted, they face up to one year in county jail and a fine of up to $1,000. (§ 41-29-139(d)(3))

Trafficking cocaine

Trafficking in cocaine refers to the following:

Trafficking in cocaine is a felony. If convicted, the defendant faces a mandatory minimum prison sentence of 10 years (up to 40 years) and a mandatory minimum fine of at least $5,000 (up to $1,000,000). (§ 41-29-139(f)(1))

Aggravated trafficking of cocaine

Any person who traffics 200 or more grams of cocaine is guilty of aggravated trafficking. If convicted, they face a mandatory minimum sentence of 25 years of imprisonment (up to a life sentence) and a mandatory minimum fine of $5,000 (up to $1,000,000). (§ 41-29-139(g))

Note: State criminal laws change regularly, so you should contact a Mississippi criminal defense lawyer or conduct your own legal research to verify these laws.

Related Resources

For more information about Mississippi law and drug laws generally, visit the following links:

You can also visit FindLaw's U.S. Code Section to search other states' cocaine possession laws.

Charged With a Drug Crime? Contact an Attorney

If law enforcement has charged you with a cocaine-related drug crime, you should seek a Mississippi drug crime defense lawyer's help. If you can't afford an attorney, ask the court for a public defender.

Whether you are a first-time offender facing a simple possession charge or you have prior convictions on your criminal record, you could face extended time in prison and thousands of dollars in fines. You could face prosecution under state or federal law depending on your charges. Contact a criminal defense attorney near you to help navigate the criminal justice process and defend your rights.

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