How Serious Are Drug Possession Charges In Mississippi?

How The Types of Drugs Affect Possession Charges

Drugs are classified into five schedules. The schedule of a drug is based on whether or not there are accepted medical uses and the drug’s addictiveness. The type and quantity of drug you possess affects the severity of possession charges.

Schedule I Drugs

Schedule I drugs have the harshest penalties and are considered to be the most addictive, with no accepted medical uses. Examples of Schedule I drugs are heroin, LSD, ecstasy, psilocybin, and mescaline.

Schedule II Drugs

A few common Schedule II drugs are cocaine, vicodin, methamphetamine, fentanyl, hydromorphone, opium, codeine, morphine, and oxycodone. Schedule II drugs are recognized to have some medical uses but are considered to be very addictive and are heavily controlled for medical use.

Schedule III Drugs

Common Schedule III drugs include ketamine, anabolic steroids, Tylenol with codeine, and phenobarbital. Schedule III drugs are recognized as having a low potential for physical or psychological dependence and a lower potential for abuse.

Schedule IV Drugs

Schedule IV drugs have an even lower potential for abuse and addiction. A few common Schedule IV drugs are Xanax, valium, ambien, tramadol, and diazepam. Schedule IV drugs have relatively common accepted medical uses but are illegal to possess without a prescription.

Schedule V Drugs

Schedule V drugs are substances that contain limited quantities of certain narcotics. For example, cough medicines containing small amounts of codeine or opium are classified as Schedule V drugs.

Mississippi Drug Possession Charges

Mississippi penalties for drug possession are based on the type of drug and the amount of the drug found. The amount of a drug can be measured based on dosage units or based on weight. One dosage unit is typically one tablet, capsule, or 1 milliliter of a liquid solution. 

Possessing over a certain amount of drugs is considered trafficking. Trafficking penalties vary based on the type of drug and its schedule. Drug trafficking charges minimum sentencing is ten years to life in prison.

Marijuana

Marijuana has separate possession penalties that are lesser than other types of drugs. The first offense of marijuana possession typically only comes with a fine. It’s important to note that there are still harsher penalties for trafficking that accompany marijuana possession.

Schedule I and II Drugs

Jail time for Schedule I and II drugs can range from a misdemeanor for a very small amount of drugs to twenty years in prison for a felony. Schedule I and II possession penalties could also come with a $1,000 to $500,000 fine.

Schedule III and IV Drugs

For a misdemeanor, possession of Schedule III and IV drugs, the penalty could be up to 1 year in prison. Felony possession could face a maximum of 20 years in prison. Fines for the possession of Schedule III and IV drugs can range from $1,000 to $250,000.

Schedule V Drugs

Schedule V drugs have the most lenient penalties. Possession charges of Schedule V drugs could face a maximum of ten years in prison and fines ranging from $1,000 to $50,000.

Drug Charges

There is a range of how the charges can be applied for first-time drug possession offenses. Judges are given discretion on how to apply charges. Someone charged with first-time drug possession could decide to hold off entering a judgment of guilty and put the defendant on probation for up to three years.

If a defendant successfully completes their probation, they could get the case dismissed. Upon successful completion, a defendant could ask the court to expunge all related records, meaning there would be no public criminal record related to the charges. If the terms of probation are violated at any point, the court can continue with the sentencing process.

For second or subsequent drug possession charges, judges can double the penalties. The judge could double jail time, fines, or both on a possession case.

Firearm possession accompanying drug possession can have harsher penalties. Possessing a firearm while committing a drug crime, even possession, allows a judge to double sentencing terms.

Contact A Drug Possession Attorney

Drug possession charges in Mississippi can be very serious and impact your life forever. Having a criminal record of drug charges can impact your ability to get jobs, housing, and financial aid in the future.

If you or a loved one has been charged with drug possession, it’s important to act quickly. There’s no time to waste when it comes to building a drug defense.

Jason Campbell is a local Mississippi drug crimes lawyer. Contact Campbell today to learn more about how we may be able to help you with drug possession charges.