Mississippi Cocaine Laws

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)

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))

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))

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 in cocaine refers to the following:

• Violating § 41-29-139(a) by selling or possessing with the intent to sell or otherwise transfer 30 or more grams of cocaine or 40 or more dosage units. (§ 41-29-139(f)(2)(A))
• Violating § 41-29-139(c) by possessing 30 or more grams of cocaine or 40 or more dosage units. (§ 41-29-139(f)(2)(C))

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))

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))