reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-140 - Fines and penalties; violation of Section 41-29-139

(a)
Except as otherwise authorized by the Uniform Controlled Substances Law, it is unlawful for any person to:
(1)
Knowingly or intentionally receive or expend funds which he knows to be derived from the commission of a felony offense under the provisions of Section
41-29-139
; or
(2)
Finance or invest funds which he knows to be intended to further the commission of a felony under the provisions of Section
41-29-139
.
(b)
Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction, may be sentenced to the custody of the State Department of Corrections for not more than five (5) years or fined not more than One Million Dollars ($1,000,000.00), or both.
Laws, 1985, ch. 388, § 1, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-141 - Prohibited acts B; penalties

It is unlawful for any person:
(1)
Who is subject to Section
41-29-125
to distribute or dispense a controlled substance in violation of Section
41-29-137
;
(2)
Who is a registrant under Section
41-29-125
to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(3)
To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this article;
(4)
To refuse a lawful entry into any premises for any inspection authorized by this article; or
(5)
Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this article for the purpose of using these substances, or which is used for keeping or selling them in violation of this article.
Any person who violates this section shall, with respect to such violation, be subject to a civil penalty payable to the State of Mississippi of not more than Twenty-five Thousand Dollars ($25,000.00)
In addition to the civil penalty provided in the preceding paragraph, any person who knowingly or intentionally violates this section shall be guilty of a crime and upon conviction thereof may be confined for a period of not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00), or both.
This section does not apply to any of the actions that are lawful under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder.
Codes, 1942, § 6831-71; Laws, 1971, ch. 521, § 21; Laws, 1972, ch. 520, § 8, eff. 5/19/1972.
Amended by Laws, 2022, ch. 303, SB 2095,§ 60, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-142 - Enhanced penalties for sale, etc. of controlled substances in, on or within specified distances of schools, churches and certain other buildings

(1)
Except as provided in subsection (f) of Section
41-29-139
or in subsection (2) of this section, any person who violates or conspires to violate Section
41-29-139(a)(1)
, Mississippi Code of 1972, by selling, bartering, transferring, manufacturing, distributing, dispensing or possessing with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance, in or on, or within one thousand five hundred (1,500) feet of, a building or outbuilding which is all or part of a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater or within one thousand (1,000) feet of, the real property comprising such public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater shall, upon conviction thereof, be punished by the term of imprisonment or a fine, or both, of that authorized by Section
41-29-139(b)
and, in the discretion of the court, may be punished by a term of imprisonment or a fine, or both, of up to twice that authorized by Section
41-29-139(b)
.
(2)
Except as otherwise provided in subsection (f) of Section
41-29-139
, any person who violates or conspires to violate Section
41-29-139(a)(1)
, Mississippi Code of 1972, by selling, bartering, transferring, manufacturing, distributing, dispensing or possessing with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance, in or on, or within one thousand five hundred (1,500) feet of, a building or outbuilding which is all or part of a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater or within one thousand (1,000) feet of, the real property comprising such public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater after a prior conviction under subsection (1) of this section has become final, shall, upon conviction thereof, be punished by a term of imprisonment of not less than three (3) years and not more than life, and in the discretion of the court, may be punished by a term of imprisonment of up to three (3) times that authorized by Section
41-29-139(b)
, for a first offense, or a fine of up to three (3) times that authorized by Section
41-29-139(b)
, for a first offense, or both.
Laws, 1989, ch. 569, § 1; Laws, 1992, ch. 405, § 1; Laws, 1993, ch. 405, § 1, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-143 - Prohibited acts C; penalties

It is unlawful for any person knowingly or intentionally:
(1)
To distribute as a registrant a controlled substance classified in Schedule I or II, as set out in Sections
41-29-113
and
41-29-115
, except pursuant to an order form as required by Section
41-29-135
;
(2)
To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(3)
To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this article, or any record required to be kept by this article; or
(4)
To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
Any person who violates this section is guilty of a crime and upon conviction may be confined for not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00) or both.
This section does not apply to any of the actions that are lawful under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder.
Codes, 1942, § 6831-72; Laws, 1971, ch. 521, § 22; Laws, 1977, ch. 375. § 1, eff. 7/1/1977.
Amended by Laws, 2022, ch. 303, SB 2095,§ 61, eff. 2/2/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-144 - Acquiring or obtaining possession of controlled substance, legend drug or prescription by misrepresentation, fraud and the like; penalty

(1)
It is unlawful for any person knowingly or intentionally to acquire or obtain possession or attempt to acquire or obtain possession of a controlled substance or a legend drug by larceny, embezzlement, misrepresentation, fraud, forgery, deception or subterfuge.
(2)
It is unlawful for any person knowingly or intentionally to possess, sell, deliver, transfer or attempt to possess, sell, deliver or transfer a false, fraudulent or forged prescription of a practitioner.
(3)
Any person who violates this section is guilty of a crime and upon conviction shall be confined for not less than one (1) year nor more than five (5) years and fined not more than One Thousand Dollars ($1,000.00), or both.
Laws, 1977, ch. 375, § 2; Laws, 1980, ch. 336; Laws, 2012, ch. 430, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-145 - Distribution to persons under age twenty-one

Any person twenty-one (21) years of age or over who violates subsections (a) and (b) of Section
41-29-139
with reference to a controlled substance listed in Schedules I, II, III, IV and V as set out in Sections
41-29-113
through
41-29-121
, inclusive, to a person under twenty-one (21) years of age may be punished by the fine authorized by Section
41-29-139
, or by a term of imprisonment or confinement up to twice that authorized by said Section
41-29-139
, or both, or he may be punished as provided in Section
41-29-142
.
Codes, 1942, § 6831-74; Laws, 1971, ch. 521, § 24; Laws, 1972, ch. 250, § 9; Laws, 1981, ch. 502, § 6; Laws, 1989, ch. 569, § 3, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-146 - False representation of prescription or legend drug; penalty

(1)
It shall be unlawful for any person to sell, produce, manufacture or possess with the intent to sell, produce, manufacture, distribute or dispense any substance which is falsely represented to be a prescription or legend drug or a controlled substance.
(2)
The provisions of this section shall not apply to a law enforcement officer acting in the course and scope of his employment or to a medical practitioner, pharmacist or other person authorized to dispense or administer controlled substances.
(3)
Any person who violates this section shall, upon conviction, be guilty of a felony and may be punished by confinement in the custody of the Department of Corrections for not more than five (5) years or by a fine of not more than Five Thousand Dollars ($5,000.00), or both.
Laws, 1982, ch. 415; Laws, 2009, ch. 532, § 1; Laws, 2012, ch. 424, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-147 - Second and subsequent offenses

Except as otherwise provided in Section
41-29-142
, any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this article or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant or hallucinogenic drugs.
Codes, 1942, § 6831-74; Laws, 1971, ch. 521, § 24; Laws, 1972, ch. 520, § 9; Laws, 1989, ch. 569, § 4, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-148 - Burden of proof of exemptions and exceptions; presumption as to holding of registration or order form

(1)
It is not necessary for the state to negate any exemption in this article in any complaint, indictment or other pleading or in any trial, hearing, or other proceeding under said article. The burden of proof of any exemption or exception is upon the person claiming it.
(2)
In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this article, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption.
Codes, 1942, § 6831-90; Laws, 1972, ch. 520, § 16, eff. 5/19/1972.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-149 - Suspended sentences; eligibility for parole; resentencing

(a)
Regardless of the penalties provided heretofore for the violation of any section or portion of this article, the judge of the court of jurisdiction of any defendant may, in his discretion, suspend such penalty, penalties, or portions thereof, for any person charged with a first offense.
(b)
A person convicted under this article or under any prior law superseded by this article for a violation of the law regarding controlled substances shall be eligible for parole just as in any other criminal conviction as provided by Section
47-7-3
.
(c)
Any person who was convicted and/or who is still serving a sentence in the Mississippi State Penitentiary for a first offense under any prior law superseded by this article, may petition the court of original jurisdiction for resentencing under the provisions of this article.
(d)
Any person previously indicted under a prior law for violation of any law regarding controlled substances but not yet sentenced shall be sentenced under the provisions of this article provided that the sentence imposed is not greater than that provided under said prior law.
(e)
For the purposes of the sentencing provisions of this article, a first offense shall be deemed to be and include any offense, offenses, act or acts prohibited by said law, or any prior law superseded by said law, committed prior to a first indictment under said law or under prior law superseded by said law.
Codes, 1942, § 6831-74; Laws, 1971, ch. 521, § 24; Laws, 1972, ch. 520, § 9; Laws, 1977, ch. 482, § 2; Laws, 1981, ch. 502, § 7, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-151 - Penalties to be additional; barring of prosecutions

Any penalty imposed for violation of this article is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
If a violation of this article is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
Codes, 1942, § 6831-73; Laws, 1971, ch. 521, § 23, eff. 4/16/1971.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-152 - Enhancement of penalty for violations of Uniform Controlled Substances Law while in possession of firearm; "firearm" defined

(1)
Any person who violates Section
41-29-313
or who violates Section
41-29-139
with reference to a controlled substance listed in Schedule I, II, III, IV or V as set out in Sections
41-29-113
through
41-29-121
, Mississippi Code of 1972, inclusive, and has in his possession any firearm, either at the time of the commission of the offense or at the time any arrest is made, may be punished by a fine up to twice that authorized by Section
41-29-139
or
41-29-313
, or by a term of imprisonment or confinement up to twice that authorized by Section
41-29-139
or
41-29-313
, or both.
(2)
"Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.
Laws, 1994, ch. 527, § 1; Laws, 2000, ch. 452, § 1, eff. 4/18/2000.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-154 - Disposition of seized controlled substances and paraphernalia

Any controlled substance or paraphernalia seized under the authority of this article or any other law of Mississippi or of the United States, shall be destroyed, adulterated and disposed of or otherwise rendered harmless and disposed of, upon written authorization of the director, Commissioner of the Mississippi Department of Revenue or the State Health Officer of the Mississippi Department of Health, as applicable, after such substance or paraphernalia has served its usefulness as evidence or after such substance or paraphernalia is no longer useful for training or demonstration purposes.
A record of the disposition of such substances and paraphernalia and the method of destruction or adulteration employed along with the names of witnesses to such destruction or adulteration shall be retained by the director.
No substance or paraphernalia shall be disposed of, destroyed or rendered harmless under the authority of this section without an order from the director, Commissioner of the Mississippi Department of Revenue or the State Health Officer of the Mississippi Department of Health, as applicable, and without at least two (2) officers or agents of the bureau present as witnesses.
Codes, 1942, § 6831-93; Laws, 1972, ch. 520, § 19; Laws, 1982, ch. 323, § 4; Laws, 1988, ch. 448, eff. 7/1/1990.
Amended by Laws, 2023, ch. 436, HB 1158,§ 11, eff. 3/27/2023.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-155 - Injunctions

The trial courts of this state shall have jurisdiction to restrain or enjoin violations of this article.
The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
Codes, 1942, § 6831-77; Laws, 1971, ch. 521, § 27, eff. 4/16/1971.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-160 - Payments to informers; disposition of moneys expended for purchase of controlled substances

The director is authorized to pay any person such sum or sums of money as he may deem appropriate for information concerning a violation of this article from funds appropriated for the bureau of narcotics.
Moneys expended from the funds of the bureau for the purchase of controlled substances, and subsequently recovered shall be returned to the account from which they were originally drawn for such purpose. Detailed records and accounts of the use and disposition of such funds shall be kept by the director.
Codes, 1942, § 6831-91; Laws, 1972, ch. 520, § 17, eff. 5/19/1972.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-161 - Bonds of bureau officers and employees

Any officer or employee of the Mississippi Bureau of Drug Enforcement who is authorized to investigate, carry firearms, serve search warrants, and do all things as set forth in this article shall prior to entering upon the discharge of his duties enter into a good and sufficient surety bond in the sum of Ten Thousand Dollars ($10,000.00) with a surety company authorized and doing business within the State of Mississippi. The said bond herein is conditioned upon the faithful performance of the duties of his office. All premiums shall be paid as are other expenses of the bureau.
Codes, 1942, § 6831-84; Laws, 1971, ch. 521, § 34, eff. 4/16/1971.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-163 - Judicial review of final determinations, findings and conclusions

All final determinations, findings and conclusions of the board, the bureau or the State Board of Pharmacy under this article are final and conclusive decisions of the matters involved. Except as otherwise provided by Section
41-29-176
, any person aggrieved by the decision may obtain review of the decision in the chancery court.
Codes, 1942, § 6831-80; Laws, 1971, ch. 521, § 30; Laws, 1972, ch. 520, § 13; Laws, 1988, ch. 474, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-165 - Judicial review of convictions and orders

Any person being aggrieved by any conviction or order of any board or commission authorized under this article shall have a right to appeal from said order or conviction to the circuit court of the county of the residence of the defendant or of the county where the offense was committed. Said appeal shall be tried de novo. Appeals taken under this article shall be perfected as all other appeals to the circuit court.
Codes, 1942, § 6831-85; Laws, 1971, ch. 521, § 35, eff. 4/16/1971.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-167 - Cooperative arrangements

(a)
The State Board of Medical Licensure, the Mississippi Bureau of Narcotics, the State Board of Pharmacy, the State Board of Dental Examiners, the Mississippi Board of Nursing and the State Board of Optometry shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they may:
(1)
Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(2)
Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(3)
Cooperate with the United States Drug Enforcement Administration by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state and local law enforcement purposes; and
(4)
Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(b)
Results, information and evidence received from the United States Drug Enforcement Administration relating to the regulatory functions of this article, including results of inspections conducted by it may be relied and acted upon by the Mississippi Bureau of Narcotics, the State Board of Pharmacy, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing and the State Board of Optometry in the exercise of their regulatory functions under this article.
Codes, 1942, § 6831-78; Laws, 1971, ch. 521, § 28; Laws, 1983, ch. 522, § 16; Laws, 2001, ch. 470, § 6; Laws, 2005, ch. 404, § 10, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-168 - Required reports

(1)
Every sheriff, chief of police or constable or other peace officer in this state and the identification bureau of the highway safety patrol is hereby required to report to the bureau all arrests, incidences and information involving or connected with controlled substances.
(2)
The owner, manager, practitioner, or any other person having possession or custody of controlled substances or of premises on which controlled substances are stored or located, whether or not such person is a registrant under Section
41-29-125
, is hereby required to report to the bureau any theft, burglary, robbery or attempted theft, burglary or robbery of such premises or substance, or the mysterious disappearance of any controlled substance within forty-eight (48) hours of the discovery of such occurrence or disappearance.
(3)
The director shall promulgate appropriate procedures and shall supply forms to facilitate the reports as required by subsections (1) and (2) of this section.
(4)
It shall be unlawful for any person required to submit reports under subsection (2) of this section to omit to do so or to knowingly submit a false or incorrect report, in whole or in part, and upon conviction such person shall be guilty of a misdemeanor and shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and may be confined for not more than thirty (30) days.
Codes, 1942, § 6831-89; Laws, 1972, ch. 520, § 15, eff. 7/1/1972.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-169 - Drug abuse education programs

The Mississippi Bureau of Drug Enforcement and state board of education shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs they may:
(1)
Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(2)
Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(3)
Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(4)
Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(5)
Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and
(6)
Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
Codes, 1942, § 6831-81; Laws, 1971, ch. 521, § 31, eff. 4/16/1971.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-171 - Research programs on misuse and abuse of controlled substances

(a)
The Mississippi Bureau of Narcotics, the State Board of Pharmacy, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing and the State Board of Optometry shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this article they may:
(1)
Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;
(2)
Make studies and undertake programs of research to:
(A)
Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this article;
(B)
Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
(C)
Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances;
(3)
Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled substances.
(b)
The Mississippi Bureau of Narcotics and the State Board of Education may enter into contracts for educational and research activities without performance bonds.
(c)
The board may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.
Codes, 1942, § 6831-82; Laws, 1971, ch. 521, § 32; Laws, 1983, ch. 522, § 17; Laws, 2001, ch. 470, § 7; Laws, 2005, ch. 404, § 11, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-173 - Effect of Uniform Controlled Substances Law on pending proceedings

(a)
Prosecutions for any violations under prior laws shall not be affected or abated by the provisions of this article. The penalty for any such violations shall be prescribed in accordance with subsection (d) of Section
41-29-149
.
(b)
Civil seizures or forfeitures and injunctive proceedings commenced prior to May 19, 1972, are not affected by this article.
(c)
All administrative proceedings pending under prior laws which are superseded by this article shall be continued and brought to a final determination in accord with the laws and rules in effect prior to May 19, 1972. Any substance controlled under prior law which is not listed within Schedules I through V, being Sections
41-29-113
through
41-29-121
, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d)
The state board of pharmacy and state board of medical licensure shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to May 19, 1972, and who are registered or licensed by the state.
(e)
This article applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following May 19, 1972.
Codes, 1942, § 6831-83; Laws, 1971, ch. 521, § 33; Laws, 1972, ch. 520, § 14; Laws, 1981, ch. 502, § 16, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-175 - Continuation of regulations

Any orders and rules promulgated under any law affected by this article and in effect on April 16, 1971, and not in conflict with the provisions of this article shall continue in effect until modified, superseded or repealed.
Codes, 1942, § 6831-86; Laws, 1971, ch. 521, § 36, eff. 4/16/1971.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-176 - [Repealed]

Laws, 1988, ch. 474, § 1; Laws, 1996, ch. 511, § 2; Laws, 2012, ch. 495, § 1, eff. 7/1/2012.
Amended by Laws, 2017, ch. 329, HB 812, 5, eff. 7/1/2017.
Amended by Laws, 2015, ch. 452, SB 2159, 22, eff. 7/1/2015.
Amended by Laws, 2014, ch. 501, HB 1231, 4, eff. 7/1/2014.
Amended by Laws, 2013, ch. 484, HB 240, 1, eff. 7/1/2013, exp. 7/1/2018.
See Laws, 2015, ch. 452, SB 2159, § 23.
See Laws, 2014, ch. 501, HB 1231, § 5.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-176.1 - Prosecution of cases involving seized property

The seizing law enforcement agency shall within thirty (30) days of a seizure, request either the district attorney of the county in which property is seized or the Mississippi Bureau of Narcotics to prosecute any cases involving seized property. No one other than the district attorney of the county in which the seizure occurred or an attorney from the Mississippi Bureau of Narcotics shall have authority to prosecute the forfeiture of the seized property. If the district attorney and the Mississippi Bureau of Narcotics decline to prosecute the forfeiture of the seized property, the seizing law enforcement agency shall notify the person from whom the property was seized that the property will not be forfeited, within thirty (30) days of receiving the notice not to prosecute, and shall provide written instructions advising the person how to retrieve the seized property.
Added by Laws, 2017, ch. 329, HB 812, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-183 - Procedure for disposition of seized property; exclusiveness of remedy

Except as otherwise provided in Section
41-29-107.1
, the forfeiture procedure set forth in Sections
41-29-177
through
41-29-181
is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.
Laws, 1979, ch. 473, § 4, eff. 7/1/1979.
Amended by Laws, 2017, ch. 329, HB 812, 7, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-185 - Disposition of forfeited property transferred pursuant to federal property sharing provisions

One hundred percent (100%) of any seized and forfeited property to be transferred to any state or local law enforcement agency under the provisions of 21 USCS Section 881(e)(1), 19 USCS Section 1616(a)(2), or other federal property sharing provisions, shall be credited to the budget of the state or local agency that directly participated in the seizure or forfeiture, for the specific purpose of increasing law enforcement resources for that specific state or local agency. Such transferred property must be used to augment existing state and local law enforcement budgets and not to supplant them.
Laws, 1986, ch. 361, § 1; Laws, 2012, ch. 495, § 3, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-189 - Drug Evidence Disposition Fund created; purpose; sources of funds

There is created in the State Treasury a special fund to be known as the Drug Evidence Disposition Fund. The purpose of the fund shall be to provide funding for costs associated with the acquisition, storage, destruction or other disposition of evidence related to offenses under the Uniform Controlled Substances Act. Monies from the funds derived from assessments under Section
99-19-73
shall be distributed by the State Treasurer upon warrants issued by the Mississippi Bureau of Narcotics. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a)
Monies appropriated by the Legislature;
(b)
The interest accruing to the fund;
(c)
Monies received under the provisions of Section
99-19-73
;
(d)
Monies received from the federal government;
(e)
Donations; and
(f)
Monies received from such other sources as may be provided by or allowable under law.
Laws, 2010, ch. 495, § 4, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW (§§ 41-29-101 — 41-29-191) › Section 41-29-191 - Collection of unused prescription pills and drugs brought to drug task force main office from residential sources

On the first Monday of each month, each drug task force may collect prescription pills and drugs that are brought to the main office of the task force from residential sources, and shall transport the collected pills and drugs to the incinerator maintained by the Mississippi Bureau of Narcotics for disposal. For the purposes of this section, the term "drug task force" means a drug or narcotics task force or enforcement team created through an interlocal cooperation agreement under Section
17-13-1
et seq.
Laws, 2012, ch. 469, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-301 - License required

No person shall manufacture, compound, mix, cultivate, grow or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the state board of pharmacy. However, the provisions of this section shall not apply to the dispensing, administration, giving away, mixing or otherwise preparing any of such drugs by a registered physician, dentist or veterinarian in the course of his professional practice, where said drugs are dispensed, administered, given away, mixed or otherwise prepared for legitimate medical purposes.
Codes, 1942, § 6847; Laws, 1936, ch. 289.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-303 - Requirements for license

No license shall be issued under Section
41-29-301
unless and until the applicant therefor has furnished proof satisfactory to the state board of pharmacy that the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character, and that the applicant is properly equipped as to land, buildings, and paraphernalia to carry on the business described in his application. No license shall be granted to any person who has within five (5) years been convicted of a wilful violation of any law of the United States, or of any state, relating to opium, coca leaves, or other narcotic drugs, or to any person who is a narcotic drug addict. The state board of pharmacy may suspend or revoke any license for cause.
Codes, 1942, § 6848; Laws, 1936, ch. 289.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-305 - Who may prescribe, administer, dispense, mix or otherwise prepare narcotic drugs

A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix or otherwise prepare narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision.
A veterinarian, in good faith and in the course of his professional practice only, and not for use by human beings, may prescribe, administer, dispense, mix or otherwise prepare narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision.
Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian, shall return to such physician, dentist, or veterinarian any unused portion of such drug, when it is no longer required by the patient.
Codes, 1942, § 6851; Laws, 1936, ch. 289.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-307 - Transportation and storage of narcotic drugs

The provisions of Sections
41-29-301
through
41-29-311
restricting the possessing and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawful transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties.
Codes, 1942, § 6856; Laws, 1936, ch. 289.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-309 - Nuisances

Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same shall be deemed a public nuisance. No person shall keep or maintain such public nuisance.
Codes, 1942, § 6857; Laws, 1936, ch. 289.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-311 - Suspension or revocation of license or registration

On the conviction of any physician, dentist, veterinarian, manufacturer, wholesaler, or apothecary of a violation of any of the provisions of Sections
41-29-301
through
41-29-309
, in any court of competent jurisdiction, the clerk of said court shall send a certified copy of the indictment, affidavit, information, and of the rules, verdict and sentence to the board or officer, by whom the convicted defendant has been licensed to practice his or her profession or to carry on his or her business. Such board or officer may in its or his discretion suspend or revoke the license or registration of the convicted defendant to practice his or her profession or to carry on his or her business. On the application of any such convicted defendant whose license or registration has been suspended or revoked, upon proper showing and for good cause, said board or officer may reinstate such license or registration.
Any court of competent jurisdiction in which such a defendant is convicted of a violation of any of the provisions of Sections
41-29-301
through
41-29-309
shall have the power in its discretion to suspend or revoke the license or registration of the convicted defendant and may thereafter, upon proper showing and for good cause reinstate such license or registration.
No board or officer shall reinstate any such license or registration where the same shall have been suspended or revoked by a court of competent jurisdiction; no court shall reinstate any license of such a convicted defendant which has been revoked by the board or officer by whom the convicted defendant was licensed to practice his or her profession or to carry on his or her business except upon a proceeding brought in a court of competent jurisdiction for the purpose of setting aside or restraining such suspension or revocation of license.
This section shall not apply wherever any board is already, under existing statutes, vested with authority to suspend or revoke license because of violation of any federal law regulating the use or disposition of narcotics.
Codes, 1942, § 6859; Laws, 1936, ch. 289.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES (§§ 41-29-1 — 41-29-701) › Article 5 - OTHER NARCOTIC DRUG REGULATIONS (§§ 41-29-301 — 41-29-323) › Section 41-29-315 - Possession, transfer or manufacture of a pill press; penalty; registration

(1)
This section shall be known and referred to as the "Victoria Huggins' Mississippi Pill Press Law of 2022."
(2)
(a)
Unless authorized by the State Board of Pharmacy or other lawful authority, it is unlawful for any person knowingly or intentionally to possess, create, sell, barter, transfer, manufacture, or distribute a pill press, a punch, die, plate, tableting machine, encapsulating machine, or any similar pharmaceutical producing equipment, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or counterfeit controlled substance.
(b)
Any person who violates this subsection shall be, if convicted, imprisoned by not more than five (5) years or fined not more than Five Thousand Dollars ($5,000.00), or both.
(3)
All pill presses, punches, dies, plates, tableting machines, encapsulating machines or any similar pharmaceutical producing equipment shall be registered with the Mississippi Bureau of Narcotics, unless the pill press is authorized by the Board of Pharmacy or other lawful authority. The Mississippi Department of Public Safety shall promulgate rules regarding the registration, transfer and destruction of such equipment and the renewal of registrations, to include inspection of all of equipment registered and any product that the equipment is being used to manufacture.
Added by Laws, 2022, ch. 395, HB 679,§ 1, eff. 7/1/2022.
Repealed by Laws of 2010, ch. 303, § 4, eff. 7/1/2010.
Laws, 2005, ch. 309, § 1; Laws, 2009, ch. 540, § 1, eff. 7/1/2009.