Mississippi Heroin Laws

Mississippi Code Title 41, Chapter 29, Article 3 – Uniform Controlled Substances Laws

• MS Code § 41-29-139 (Transfer and Possession With Intent To Transfer)
• MS Code § 41-29-139.1 (Fentanyl)

Any person convicted of knowingly or intentionally possessing opioids or opiates without a valid prescription, a valid order from a health practitioner, or without other legal authorization to possess it faces the following criminal penalties:

• If they possessed less than 0.1 grams or two dosage units: up to one year in jail and/or a $1,000 fine (§ 41-29-139(c)(1)(A))
• If they possessed 0.1 or more grams or two or more dosage units, but less than two grams or 10 dosage units: up to three years in prison and/or a $50,000 fine (§ 41-29-139(c)(1)(B))
• If they possessed two or more grams or 10 or more dosage units, but less than 10 grams or 20 dosage units: up to eight years in prison and/or a $250,000 fine (§ 41-29-139(c)(1)(C))
• If they possessed 10 or more grams or 20 or more dosage units but less than 30 grams or 40 dosage units: a sentence of between three years to 20 years in prison, and/or a $500,000 fine (§ 41-29-139(c)(1)(D))

An unauthorized person who sells, barters, transfers, manufactures, distributes, or dispenses opiates or opioids (or possesses opioids or opiates with the intent to do those things) violates Mississippi law (§ 41-29-139(a)(1)) and faces the following penalties:

• If the crime involved less than two grams or 10 dosage units: up to eight years in prison and/or a $50,000 fine (§ 41-29-139(b)(1)(A))
• If the crime involved two or more grams or 10 or more dosage units, but less than 10 grams or 20 dosage units: a sentence of between three years to 20 years in prison, and/or a $250,000 fine (§ 41-29-139(b)(1)(B))
• If the crime involved 10 or more grams or 20 or more dosage units but less than 30 grams or 40 dosage units: a sentence of between five to 30 years in prison, and/or a $500,000 fine (§ 41-29-139(b)(1)(C))

An unauthorized person who uses (or possesses with the intent to use) 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 opiates or opioids into the human body commits a misdemeanor. (§ 41-29-139(d)(1))

If an authorized person delivers, sells, or possesses drug paraphernalia with the intent 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 opioids or opiates into the human body, they also commit a misdemeanor. (§ 41-29-139(d)(2))

If convicted, the defendant faces the following penalties:

• Up to six months in jail
• A fine of up to $500 (§ 41-29-139(d)(1))

If an adult sells or otherwise delivers drug paraphernalia to a minor (someone under the age of 18) who is at least three years younger than them, they face the following penalties upon conviction:

• Up to one year in jail
• A fine of up to $1,000 (§ 41-29-139(d)(3))

Trafficking in controlled substances is a felony and includes the following:

• A violation of subsection (a) involving 30 or more grams or 40 or more dosage units of Schedule I or II opiates or opioids (§ 41-29-139(f)(2)(A))
• A violation of subsection (c) involving 30 or more grams or 40 or more dosage units of Schedule I or II opiates or opioids (§ 41-29-139(f)(2)(C))

If convicted, the defendant faces the following penalties:

• A sentence of between 10 to 40 years in prison
• A fine between $5,000 and $1,000,000 (§ 41-29-139(f)(1))

A person committing the crime of aggravated trafficking (200 or more grams of Schedule I or II opiates or opioids) faces the following penalties:

• A sentence of 25 years to life in prison
• A fine of between $5,000 to $1,000,000 (§ 41-29-139(g))

Any person who knowingly delivers (or causes the delivery of) fentanyl for the exchange of anything of value to another person, and a person dies as a result of introducing it into their body, commits the crime of “fentanyl delivery resulting in death.” If convicted, the person faces a mandatory minimum sentence of 20 years in prison (up to a life sentence). (§ 41-29-139.1)

Note that § 41-29-139.1 is set to be repealed on July 1, 2025. (§ 41-29-139.1(7))