reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-17 - Denatured alcohol

Nothing in this chapter shall affect or limit the manufacturing or shipping or receiving of wood or denatured alcohol which cannot be used for beverage purposes, and which can only be used for scientific or mechanical purposes.
Codes, Hemingway's 1921 Supp. § 2163n; 1930, § 2014; 1942, § 2653; Laws, 1918, ch. 189.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-19 - Law officers may store confiscated liquors, stills, etc.; consumption of liquor prohibited

It shall be lawful under this chapter for any officer of the law to store in a public building where appropriate any liquors, stills, vehicles, or other appliances used for violating this chapter and taken by him or by authority of law and placed in his keeping, until such time as the court may order the same to be sold or destroyed, or until such time as the law requires the sale or destruction of them, or any of them. But such officer in charge or possession of such liquors shall not drink or consume any of them, nor shall he permit any other person to drink or consume them, or any of them, nor shall it be permissible for any person to use, consume, or give away or allow any of said liquors to be given away or used or consumed for any purpose, and any officer, or other person violating the provisions of this section shall be guilty of a misdemeanor, and punished as provided herein, and any officer convicted of violating the provisions of this section shall be removed from his office in addition.
Codes, Hemingway's 1921 Supp. § 2163f; 1930, § 2005; Laws, 1942, § 2644; Laws, 1918, ch. 189.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-21 - Manufacturing or distilling unlawful; making wine at home permitted; penalties

It shall be unlawful for any person, firm or corporation to manufacture, or distill any vinous, malt, spirituous, or intoxicating liquor or drink which if drunk to excess will produce intoxication. But this statute shall not prohibit citizens of this state from making wine from grapes or berries grown in this state, at their respective homes and using and consuming the same in the home where made, by the family residing therein and dispensing same to guests within said home. Any person convicted of violating this section shall be guilty of a felony and on conviction thereof shall serve a term in the state penitentiary of not less than one year, nor more than three years for the first offense under this section, and for the second or any subsequent conviction under this section such person shall serve a term of not less than five years, nor more than ten years in the state penitentiary.
Codes, Hemingway's 1917, § 2113; Hemingway's 1921 Supp. § 2163t; 1930, § 1992; 1942, § 2631; Laws, 1908, ch. 113; Laws, 1918, ch. 189.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-23 - Manufacturing or distilling unlawful; possession of still

It shall be unlawful for any person, firm or corporation to own or control or have in his or its possession any distillery commonly called a still or any integral part thereof. But it shall not be unlawful to own or have in possession a distillery or still in the following circumstances:
(a)
Where the same is used exclusively for the distillation of rosin products;
(b)
Where the same is used exclusively for the distillation of water;
(c)
Where the same is kept and lawfully used in any laboratory;
(d)
Where the same is in the possession of any officers of the law, to be disposed of according to law;
(e)
Where the person or corporation can prove that the same is in his or its possession for the purpose of being delivered up to an officer of the law to be disposed of according to law;
(f)
Where the same is used exclusively for the distillation of ethyl alcohol to be used solely for fuel purposes.
Any person guilty of violating this section shall be guilty of a felony and on conviction shall be confined in the state penitentiary not less than one (1) year, nor more than three (3) years for his first offense, and for his second offense he shall be confined in the state penitentiary not less than five (5), nor more than ten (10) years.
Codes, 1930, §§ 1993, 1994; 1942, §§ 2632, 2633; Laws, 1924, ch. 245; Laws, 1980, ch. 348, § 2, eff. 4/23/1980.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-25 - Patent medicines

The sale or giving away of any proprietary or patent medicine by whatsoever name called, which, if drunk to excess, will produce intoxication, shall be deemed and held to be a sale of intoxicating liquors, unless there shall be a printed label attached to each bottle or other receptacle containing the same, a facsimile of a certificate issued by the commissioner of internal revenue of the United States to the effect that such medicine has been examined by him or under his direction and that it does not contain such percentage of alcohol as to make the sale of same unlawful without an internal revenue license for the sale of liquors.
Codes, 1906, § 1767; Hemingway's 1917, § 2102; 1930, § 1989; 1942, § 2628; Laws, 1908, ch. 115.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-27 - Sale, possession, etc. of intoxicating beverages prohibited; penalties

If any person shall sell or barter, or give away or keep or have in his possession, except as authorized in this chapter, any vinous, alcoholic, malt, intoxicating or spirituous liquor, or intoxicating bitters or drinks, which if drunk to excess will produce intoxication, such person, and all others who may have owned or had any interest at the time in the liquors, bitters or drinks sold or bartered, or kept or in possession contrary to law, shall on conviction, be punished as follows:
(a)
By a fine of not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail not less than one week nor more than three months, or both, for the first conviction under this section.
(b)
By a fine of not less than one hundred dollars and by imprisonment in the county jail not less than sixty days, nor more than six months, for the second conviction for violating this section.
(c)
By imprisonment in the state penitentiary not less than one year nor more than five years for conviction the third time under this section for the violation thereof after having been twice convicted of its violation.
Codes, Hutchinson's 1848, ch. 11, art. 8(3); 1857, ch. 20, art. 9; 1871, § 2690; 1880, § 1112; 1892, § 1592; 1906, § 1746; Hemingway's 1917, § 2086; 1930, § 1974; 1942, § 2613; Laws, 1908, ch. 115; Laws, 1912, ch. 214.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-29 - Sale, possession, etc. of intoxicating beverages prohibited; agent or assistant of seller or buyer punished

If any person shall act as agent or assistant of either the seller or purchaser, in effecting the sale of any liquor, bitters or drinks, the sale of which is forbidden under this chapter, he shall be guilty of a misdemeanor and on conviction shall be fined not less than one hundred dollars, or be imprisoned in the county jail not less than thirty days, or both.
Codes, 1892, § 1604; 1906, § 1771; Hemingway's 1917, § 2103; 1930, § 1990; 1942, § 2629; Laws, 1890, p. 71; Laws, 1908, ch. 115.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-31 - Sale, possession, etc. of intoxicating beverages prohibited; connivance by owner, occupant, etc. of house or boat where liquor kept

Every owner, lessee, sub-lessee, or occupant of any boat, house, outhouse, or other building, or tenement in which the liquors described in Section
97-31-27
are unlawfully kept, sold, bartered, or given away, shall be guilty of a misdemeanor, if he shall connive therein, directly or indirectly, in any manner, or shall fail to give information thereof when he knows of the same, or of circumstances indicating the same, to some conservator of the peace. Proof of an unlawful keeping of such liquors, or of an unlawful sale, barter, or giving away thereof, in such building, shall constitute presumptive evidence of a violation of this section by any owner, lessee, sub-lessee, or occupant who has not given the information herein required. Any person convicted of violating the provisions of this section shall be fined not less than one hundred dollars, nor more than five hundred dollars, or be imprisoned in the county jail not less than one week nor more than three months, or by both such fine and imprisonment.
Codes, 1857, ch. 20, art. 21; 1871, § 2694; 1880, § 1117; 1892, § 1598; 1906, § 1764; Hemingway's 1917, § 2100; 1930, § 1987; 1942, § 2626.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-33 - Sale, possession, etc. of intoxicating beverages prohibited; exceptions; records to be kept by carrier; exceptions may be relied upon as defense

Nothing in this chapter shall make it unlawful:
(a)
For any minister or priest of any religious sect or denomination in actual charge of a church, religious order or congregation to order, purchase, and have shipped, transported and delivered, wine for sacramental purposes, nor for any common carrier to ship, transport, carry or deliver wine for said purposes to any such minister or priest, nor for any such minister or priest to have, receive, control or possess wine for sacramental purposes, but the said wine shall remain in the possession of such minister or priest save when the wine is being administered in the sacramental service or in the service in commemoration of the Lord's Supper.
(b)
For any practicing physician, who is the sole proprietor of a drugstore, any licensed druggist, wholesale druggist, pharmacist, manufacturer, college, medical or pharmaceutical college, public or charity hospital, or state institution or chemists or bacteriologists, to order, purchase and have shipped and delivered, or to have, receive and possess, nor for any common carrier to transport, ship and deliver to any of said persons, firms, corporations or institutions grain or pure alcohol for any purpose now permitted by the laws of the state, to any such person, college, hospital, or institution, and to be used only for medicinal, mechanical, and scientific purposes not contravening in any way the prohibition laws of this state. Nor for any dentist to order, purchase, nor for any dentist to have, control, receive and possess alcohol as is herein provided in the case of a physician.
(c)
But, records shall be kept by the carrier, or delivering party, of such wines for sacramental purposes, and of all such alcohol and statement thereof shall be filed with the clerk of the circuit court as provided by law.
(d)
The exceptions defined in this section may be relied upon as a defense and the burden of establishing the same shall be upon the person claiming the benefits thereof.
Codes, Hemingway's 1921 Supp. §§ 2163m, 2163n; 1930, §§ 2012, 2013; 1942, §§ 2651, 2652; Laws, 1918, ch. 189.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-35 - Sale, possession, or use of alcoholic beverages within facilities; employee knowledge; punishment for violations

(1)
It is unlawful for any person to sell within, bring to, or be in possession of, in any correctional facility or convict camp within the state or any county, municipal or other jail within the state, except as authorized by this chapter, any alcoholic beverage including any vinous, spirituous, malt or intoxicating liquor, or intoxicating drinks which if drunk to excess will produce intoxication.
(2)
It is unlawful for any person who is the keeper or officer in charge of the facility, camp or jail, or who is employed in or about the facility, camp or jail to knowingly permit any alcoholic beverage to be sold, possessed or used therein contrary to law.
(3)
Any person who violates the provisions of this section and is convicted shall be fined up to Ten Thousand Dollars ($10,000.00) and be punished by imprisonment for not less than two (2) years, nor more than five (5) years; and that person will not be eligible for probation, parole, suspension of sentence, earned time allowance or other reduction of sentence.
Codes, 1857, ch. 20, art. 22; 1871, § 2695; 1880, § 1118; 1892, § 1599; 1906, § 1765; Hemingway's 1917, § 2101; 1930, § 1988; 1942, § 2627; Laws, 1998, ch. 391, § 4, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-37 - Sale of alcohol by druggists; certain sales by retail and wholesale druggists permitted

Any licensed retail druggist in this state may sell in the manner herein set out pure alcohol for medicinal purposes only; grain alcohol to chemists and bacteriologists actually engaged in scientific work and for the purpose of being used only in such work; and wine to be used for sacramental purposes only; provided that the wholesale druggists domiciled and doing business in this state may sell pure alcohol in quantities not less than one gallon to licensed retail druggists, and to licensed and practicing physicians, and to public or charity hospitals, and to medical or pharmaceutical colleges, but all wholesale druggists shall make and preserve for two years after such sales a complete record of sales of alcohol which shall at all times be open for inspection to any conservator of the peace of the county; and provided further, that nothing in this chapter shall be construed to prohibit the manufacture or sale of wood and denatured alcohol for art, scientific and mechanical purposes. A person shall not be deemed a licensed retail druggist within the meaning of this section by reason of being a licensed physician or pharmacist.
Codes, Hemingway's 1917, § 2114; 1930, § 1995; 1942, § 2634; Laws, 1908, ch. 113.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-39 - Sale of alcohol by druggists; medicinal purposes; physician's certificate

No sale of pure alcohol for medicinal purposes shall be made except upon the written prescription of a licensed and practicing physician of this state, who, before writing such prescription shall have made an actual examination of the patient for whom the prescription is issued, which prescription shall be dated and signed by the physician and shall be in substantially the following form:
"State of Mississippi, ____________________ County, I ____________________ a regularly licensed and practicing physician under the laws of this state, do hereby certify that I have examined ____________________ a patient in my charge, and hereby prescribe for the use of said patient ____________________ of pure alcohol, and I certify that the use thereof is necessary to alleviate or cure the illness or disease from which such patient is suffering. Dated ____________________"
____________________, M. D.
No prescription shall be filled hereunder except upon the day upon which it is issued or the following day, and no more than half a pint of alcohol shall be furnished on any one prescription, and when such prescription is filled it shall not be refilled, but shall be delivered to the druggist filling the same, and at the end of the month in which the same is filed shall be filed by such druggist in the office of the circuit clerk of the county. In towns having a population of 1,000 or more the physician's prescription shall not be filled at any drug store of which he is the proprietor, or in which he has a financial interest, either as partner, stockholder, or otherwise.
Any person purchasing alcohol for any purpose set out in this section, for which a prescription is not required herein, shall first sign a written or printed statement properly dated and deliver the same to the druggist, stating his name, residence and occupation, and the purpose for which he intends to use said alcohol.
Codes, Hemingway's 1917, § 2115; 1930, § 1996; 1942, § 2635; Laws, 1908, ch. 113.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-41 - Sale of alcohol by druggists; wine for sacramental purposes

It shall be unlawful to sell wine for sacramental purposes except to a minister, pastor, priest, or officer of a regularly organized church or religious congregation, and before such a sale is made, the person desiring to make such purchase shall sign and deliver to the druggist a written or printed statement giving his name, residence, and the name and location of the church for which the wine is purchased, and shall certify that it is purchased in good faith to be used only for sacramental purposes.
Codes, Hemingway's 1917, § 2116; 1930, § 1997; 1942, § 2636; Laws, 1908, ch. 113.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-43 - Sale of alcohol by druggists; statement of sales or prescriptions to be filed with circuit clerk; filing fee

All statements or prescriptions required by this chapter shall be delivered at the end of the month in which they were given or within five days thereafter to the circuit clerk of the county in which the sale was made and shall be filed and preserved by the circuit clerk in his office for a period of not less than two years, and shall moreover be promptly listed and indexed in a book kept for that purpose, which shall show the name of the druggist making the sale, the name of the purchaser, the date of the statement or prescription and the quantity of alcohol purchased. The original statement or prescription with the certificate of the circuit clerk endorsed thereon, showing that it has been registered, or a certified copy of such record, shall be prima facie evidence in any prosecution, suit or proceeding of the facts recited therein. The circuit clerk for filing and registering each statement or prescription, shall be entitled to a fee of ten cents, which shall be paid by the druggist filing the same.
Codes, Hemingway's 1917, § 2117; 1930, § 1998; 1942, § 2637; Laws, 1908, ch. 113.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-45 - Sale of alcohol by druggists; penalties for certain violations

Any physician who signs or issues any prescription containing any false statement; any druggist who shall sell any alcohol or shall fill any prescription for alcohol in anywise other than herein allowed, or shall refill any prescription for alcohol or who shall fail to file a prescription filled by him in the office of the circuit clerk within the time prescribed; any person who shall obtain alcohol or wine for any purpose authorized herein and who shall convert the same to any other use; shall be guilty of a misdemeanor and shall, on conviction, be fined not less than fifty dollars, nor more than five hundred dollars, or be imprisoned in the county jail not less than one week, or more than three months, or both. But in no case of a conviction of any person for an offense under this section committed after a conviction and punishment for a former offense hereunder, shall the punishment be less than a fine of one hundred dollars nor more than provided in this section, or imprisonment in the county jail for not less than sixty days nor more than six months, or both, in the discretion of the court.
Codes, Hemingway's 1917, § 2118; 1930, § 1999; 1942, § 2638; Laws, 1908, ch. 113.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-47 - Transportation of intoxicating liquors into or within state unlawful

It shall be unlawful for any transportation company, or any agent, employee, or officer of such company, or any other person, or corporation to transport into or deliver in this state in any manner or by any means any spirituous, vinous, malt, or other intoxicating liquors or drinks, or for any such person, company, or corporation to transport any spirituous, malt, vinous, or intoxicating liquors or drinks from one place within this state to another place within the state, or from one (1) point within this state to any point without the state, except in cases where this chapter or Section
67-9-1
authorizes the transportation.
Codes, Hemingway's 1921 Supp. § 2163a; 1930, § 2003; 1942, § 2642; Laws, 1918, ch. 189; Laws, 1996, ch. 417, § 13, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-49 - Solicitation of orders for liquors, etc. unlawful

It shall be unlawful for any person, firm or corporation in this state, in person, by letter, circular, or other printed or written matter, or in any other manner, to solicit or take order in this state for any liquors, bitters or drinks prohibited by the laws of this state to be sold, bartered, or otherwise disposed of. The inhibition of this section shall apply to such liquors, bitters and drinks, whether the parties intend that the same shall be shipped into this state from outside of the state, or from one point in this state to another point in this state. If such order be in writing, parol evidence thereof is admissible without producing or accounting for the absence of the original; and the taking or soliciting of such orders is within the inhibition of this section, although the orders are subject to approval by some other person, and no part of the price is paid, nor any part of the goods is delivered when the order is taken.
Codes, Hemingway's 1921 Supp. § 2163g; 1930, § 2006; 1942, § 2645; Laws, 1918, ch. 189.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-51 - Witnesses; immunity from prosecution granted; penalty for refusing to testify

No person shall be excused from attending and testifying before a grand jury, or before any court, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of this chapter, or any amendment thereof, on the ground and for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before the grand jury, or any court; provided, that no person so testifying shall be exempt from prosecution or punishment for perjury in so testifying. Any person who shall neglect or refuse to so attend or testify, or to answer any lawful inquiry, or to produce books or other documentary evidence, if in his power to do so, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars, or by imprisonment for not more than ninety days, or by both such fines and imprisonment.
Codes, 1906, § 1792; Hemingway's 1917, § 2106; 1930, § 1991; 1942, § 2630.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-53 - Penalty for violations where punishment not specifically prescribed

Any person, firm or corporation convicted of violating any part of this chapter for which there is not prescribed specifically the punishment for such violation, shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars, nor more than five hundred dollars, or be imprisoned in the county jail not longer than six months, or both.
Codes, Hemingway's 1921 Supp. § 2163s; 1930, § 2019; 1942, § 2658; Laws, 1918, ch. 189.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 31 - INTOXICATING BEVERAGE OFFENSES (§§ 97-31-1 — 97-31-55) › Section 97-31-55 - Immunity for certain persons who request emergency medical assistance for individuals appearing to need medical assistance due to alcohol consumption; immunity for peace officer for complying or failing to comply with this section

(1)
A peace officer shall not take a person into custody based solely on the commission of an offense involving alcohol if the peace officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:
(a)
The peace officer has contact with the person because the person acting in good faith requested emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption and the person did not illegally provide alcohol to the individual.
(b)
The person:
(i)
Provided his full name and any other relevant information requested by the peace officer;
(ii)
Remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived; and
(iii)
Cooperated with emergency medical assistance personnel and peace officers at the scene.
(2)
A person who meets the criteria of subsection (1) of this section shall be immune from criminal prosecution for any offense related solely to the possession and consumption of alcohol.
(3)
A person shall not initiate or maintain an action against a peace officer or the employing state agency or political subdivision based on the officer's compliance or failure to comply with this section.
Added by Laws, 2018, ch. 443, SB 2197,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-1 - Short title

This article shall be known and cited as "The Mississippi Juvenile Tobacco Access Prevention Act of 1997."
Laws, 1997, ch. 578, § 1, eff. 2/1/1998.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-2 - Legislative intent; supersedes local laws, ordinances and regulations

It is the intent of the Legislature that enforcement of this chapter be implemented in an equitable manner throughout the state. The provisions of Sections
97-32-5
,
97-32-7
,
97-32-9
,
97-32-11
,
97-32-13
,
97-32-15
,
97-32-17
,
97-32-19
,
97-32-21
and
97-32-51
shall supersede any existing or subsequently enacted local law, ordinance or regulation which relates to the sale, promotion and distribution of alternative nicotine products, tobacco and tobacco products.
Laws, 1998, ch. 312, § 1, eff. 3/12/1998.
Amended by Laws, 2020, ch. 470, SB 2596,§ 8, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-3 - Definitions

For the purposes of this article:
(a)
"Dealer" means every person, firm, corporation or association of persons, except retailers as defined herein, who receives the product from the manufacturer of tobacco for distribution, for sale, for use, or for consumption in the State of Mississippi.
(b)
"Person" means any natural person.
(c)
"Photographic identification" means any government-issued card that includes a photograph of the person seeking to purchase tobacco products and that is accepted as proof of age under Mississippi law.
(d)
"Point of sale" means a store, stand, or any other place of business or point of distribution maintained by a seller from which tobacco products are made available for sale or distribution to consumers.
(e)
"Retailer" includes every company, corporation, partnership, business association, joint venture, estate, trust, or any other combination acting as a unit or legal entity other than a wholesale dealer as defined below, whose business is that of selling merchandise at retail, who shall sell or offer for sale tobacco to the consumer.
(f)
"Seller" means any natural person, company, corporation, firm, partnership, organization or other legal entity who sells, dispenses, distributes or issues tobacco products for commercial purposes.
(g)
"Tobacco product" means any substance that contains tobacco, including, but not limited to, cigarettes, cigars, pipes, snuff, smoking tobacco or smokeless tobacco; "tobacco product" also means cigarette rolling papers.
(h)
"Wholesaler" includes dealers whose principal business is that of wholesale dealer or jobber, who is known to the retail trade as such, and whose place of business is located in Mississippi or in a state which affords reciprocity to wholesalers domiciled in Mississippi, who shall sell any taxable tobacco to retail dealers only for the purpose of resale.
(i)
"Retailer Tobacco Prevention Education Program" includes any program authorized by the Attorney General that teaches and informs retailers and wholesalers about the laws regarding youth access to tobacco products.
Laws, 1997, ch. 578, § 2; Laws, 2002, ch. 307, § 1, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-7 - Retail sales clerks; notification and agreement; penalties for violations

(1)
Every person engaged in the business of selling tobacco products or alternative nicotine products at retail shall notify each individual employed by that person as a retail sales clerk that state law:
(a)
Prohibits the sale or distribution of tobacco products or alternative nicotine products, including samples, to any person under twenty-one (21) years of age and the purchase or receipt of tobacco products or alternative nicotine products by any person under twenty-one (21) years of age; and
(b)
Requires that proof of age be demanded from a prospective purchaser or recipient if the prospective purchaser or recipient is under the age of twenty-one (21) years. Every person employed by a person engaged in the business of selling tobacco products or alternative nicotine products at retail shall sign an agreement with his employer in substantially the following or similar form:
"I understand that state and federal law prohibit the sale or distribution of tobacco products and alternative nicotine products to persons under the age of twenty-one (21) years and out-of-package sales, and requires that proof of age be demanded from a prospective purchaser or recipient under twenty-one (21) years of age if the individual is not known to the seller, barterer, deliverer or giver of the tobacco product or alternative nicotine product to be over the age of twenty-one (21) years. I promise, as a condition of my employment, to observe this law."
(2)
Any person violating the provisions of this section shall be penalized not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).
(3)
No retailer who instructs his employee as provided in this section shall be liable for any violations committed by such employees.
Laws, 1997, ch. 578, § 4, eff. 2/1/1998.
Amended by Laws, 2020, ch. 470, SB 2596,§ 5, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-9 - Juvenile purchase, possession and consumption of tobacco or alternative nicotine product; penalties

No person under twenty-one (21) years of age shall purchase any tobacco or alternative nicotine product. No student of any high school, junior high school or elementary school shall possess tobacco or alternative nicotine on any educational property as defined in Section
97-37-17
.
(a)
If a person under twenty-one (21) years of age is found by a court to be in violation of any other statute and is also found to be in possession of a tobacco or alternative nicotine product, the court shall punish the minor as follows:
(i)
For a first offense, pay a fine of One Hundred Dollars ($100.00), and perform no more than fifteen (15) hours of community service;
(ii)
For a second offense, a fine of Three Hundred Dollars ($300.00), and no more than twenty-five (25) hours of community service;
(iii)
For a third offense or subsequent offense, a fine of Five Hundred Dollars ($500.00), and no more than forty (40) hours of community service.
(b)
A violation under this section is not to be recorded on the criminal history of the minor and, upon proof of satisfaction of the court's order, the record shall be expunged from any records other than youth court records.
Laws, 1997, ch. 578, § 5; Laws, 2012, ch. 533, § 1, eff. 7/1/2012.
Amended by Laws, 2020, ch. 470, SB 2596,§ 4, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-11 - Point of sale warning signs

Point of sale warning signs are required, and each seller shall place and maintain in legible condition, at each point of sale of tobacco products to consumers, a sign no smaller than eight and one-half (8-1/2) by eleven (11) inches or ninety-three (93) square inches stating: "STATE LAW PROHIBITS THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS. PROOF OF AGE REQUIRED."
Any person who violates this section shall be punished by a penalty of not more than One Hundred Dollars ($100.00).
Laws, 1997, ch. 578, § 6, eff. 2/1/1998.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-13 - Juvenile misrepresentation of age

Any person under the age of twenty-one (21) years who falsely states he is twenty-one (21) years of age or older, or presents any document that indicates he is twenty-one (21) years of age or older, for the purpose of purchasing or possessing any alternative nicotine product, tobacco or tobacco product shall be penalized not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00) or required to complete at least thirty (30) days' community service, or both.
Laws, 1997, ch. 578, § 7, eff. 2/1/1998.
Amended by Laws, 2020, ch. 470, SB 2596,§ 6, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-15 - Vending machine tobacco sales; location

It shall be unlawful for any person to sell tobacco products through a vending machine, unless the vending machine is located in an establishment to which individuals under the age of eighteen (18) years are denied access or are required to be accompanied by an adult. A person who violates this section shall be punished by a penalty of not more than Two Hundred Fifty Dollars ($250.00).
Laws, 1997, ch. 578, § 8, eff. 2/1/1998.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-17 - Prohibition on the distribution of tobacco products other than in sealed packages

No retailer shall distribute tobacco products other than cigars and pipe tobacco for commercial purposes other than in a sealed package provided by the manufacturer with the required health warning. A retailer who is in violation of this section shall be liable for a penalty of not more than One Hundred Dollars ($100.00) for the first violation or enrollment in a Retailer Tobacco Education Prevention Program, or both; not more than Two Hundred Dollars ($200.00) for a second violation within one (1) year of a prior violation; and a penalty of Three Hundred Dollars ($300.00) for all subsequent violations.
In addition, for a third and all subsequent violations within one (1) year of two (2) prior violations, the permit to sell tobacco products of any person violating this section may be suspended or revoked under the provisions of Section
27-69-1
et seq., Mississippi Code of 1972, for a period of one (1) year after notice and opportunity for a hearing. For the purposes of this section, "subsequent violations" are those committed at the same place of business.
Laws, 1997, ch. 578, § 9, eff. 2/1/1998.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-19 - Transfers of tobacco products from distributors or wholesalers to retailers

No distributor or wholesaler of tobacco products shall sell, distribute, deliver, or in any other manner transfer any tobacco products for sale at retail to any person not possessing a valid tobacco permit under Section
27-69-1
et seq., Mississippi Code of 1972.
Any distributor or wholesaler who violates this section shall be liable for a penalty of up to Two Hundred Fifty Dollars ($250.00) for a first offense. For a second offense within one (1) year of the prior offense, any distributor or wholesaler shall be liable for a penalty of up to Five Hundred Dollars ($500.00).
For all subsequent offenses within one (1) year of two (2) prior offenses, the distributor or wholesaler may become ineligible to hold a tobacco distributor's permit for a period of at least one (1) year under Section
27-69-1
et seq., Mississippi Code of 1972, and shall be liable for a penalty of One Thousand Dollars ($1,000.00).
Laws, 1997, ch. 578, § 10, eff. 2/1/1998.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-21 - Unannounced inspections

The Office of the Attorney General or local law enforcement agencies shall at least annually conduct random, unannounced inspections at locations where alternative nicotine products, tobacco or tobacco products are sold or distributed to ensure compliance with the Mississippi Juvenile Tobacco Access Prevention Act of 1997. Persons under the age of twenty-one (21) years may be enlisted by the Office of the Attorney General or local law enforcement to test compliance with the Mississippi Juvenile Tobacco Access Prevention Act of 1997, provided that the parent or legal guardian of the person under twenty-one (21) years of age so utilized has given prior written consent for the minor's participation in unannounced inspections. The Office of the Attorney General must prepare a report of the findings, and report these findings to the Department of Health and Department of Mental Health. The Department of Mental Health shall prepare the annual report required by Section 1926, subpart 1 of Part B, Title XIX of the Federal Public Health Service Act (42 USCS 300X-26). The report shall be approved by the Governor and then promptly transmitted to the Secretary of the United States Department of Health and Human Services.
Laws, 1997, ch. 578, § 11, eff. 2/1/1998.
Amended by Laws, 2020, ch. 470, SB 2596,§ 7, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 1 - MISSISSIPPI JUVENILE TOBACCO ACCESS PREVENTION ACT (§§ 97-32-1 — 97-32-23) › Section 97-32-23 - Confidentiality

It shall be unlawful to publish the name or identity of any person under the age of eighteen (18) years who is convicted or adjudicated of any violation of this article.
Laws, 1997, ch. 578, § 14, eff. 2/1/1998.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 3 - MISSISSIPPI ADULT TOBACCO USE ON EDUCATIONAL PROPERTY ACT (§§ 97-32-25 — 97-32-29) › Section 97-32-25 - Short title

This article shall be known and cited as "Mississippi Adult Tobacco Use on Educational Property Act of 2000."
Laws, 2000, ch. 626, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 3 - MISSISSIPPI ADULT TOBACCO USE ON EDUCATIONAL PROPERTY ACT (§§ 97-32-25 — 97-32-29) › Section 97-32-27 - Definitions

(1)
"Adult" means any natural person at least eighteen (18) years old.
(2)
"Minor" means any natural person under the age of eighteen (18) years.
(3)
"Person" means any natural person.
(4)
"Tobacco product" means any substance that contains tobacco including, but not limited to, cigarettes, cigars, pipes, snuff, smoking tobacco or smokeless tobacco.
(5)
"Educational property" means any public school building or bus, public school campus, grounds, recreational area, athletic field, or other property owned, used or operated by any local school board, school, or directors for the administration of any public educational institution or during a school-related activity; provided, however, that the term "educational property" shall not include any sixteenth section school land or lieu land on which is not located a public school building, public school campus, public school recreational area or public school athletic field. Educational property shall not include property owned or operated by the state institutions of higher learning, the public community and junior colleges, or vocational-technical complexes where only adult students are in attendance.
Laws, 2000, ch. 626, § 2, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 3 - MISSISSIPPI ADULT TOBACCO USE ON EDUCATIONAL PROPERTY ACT (§§ 97-32-25 — 97-32-29) › Section 97-32-29 - Use of tobacco by adults on certain educational property prohibited; penalties for violation

No person shall use any tobacco product on any educational property as defined in Section
97-32-27
. Any adult who violates this section shall be subject to a fine and shall be liable as follows:
(a)
for a first conviction, a warning;
(b)
for a second conviction, a fine of Seventy-five Dollars ($75.00); and
(c)
for all subsequent convictions, a fine not to exceed One Hundred Fifty Dollars ($150.00) shall be imposed.
Any adult found in violation of this section shall be issued a citation by a law enforcement officer, which citation shall include notice of the date, time and location for hearing before the justice court having jurisdiction where the violation is alleged to have occurred. For the purposes of this section, "subsequent convictions" are for violations committed on any educational property within the State of Mississippi.
Anyone convicted under this article shall be recorded as being fined for a civil violation of this article and not for violating a criminal statute.
It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this article are enforced.
Laws, 2000, ch. 626, § 3, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 32 - TOBACCO OFFENSES (§§ 97-32-1 — 97-32-52) › Article 5 - DISTRIBUTION OF ALTERNATIVE NICOTINE PRODUCTS TO MINORS (§§ 97-32-51 — 97-32-52) › Section 97-32-52 - Distribution of alternative nicotine products on, in or within 1500 feet of buildings on educational property to individuals under twenty-one years of age prohibited; penalties

(1)
It shall be unlawful for any person who is in, on or within one thousand five hundred (1,500) feet of a building or outbuilding which is all or part of educational property as defined by Section
97-37-17
to sell or furnish an alternative nicotine product to any individual under twenty-one (21) years of age. Each violation of the provisions of this subsection (1) shall be treated as a separate offense.
(2)
Upon conviction for violation of the provisions in subsection (1) of this section, the offender shall be punished as follows:
(a)
For a first offense, a fine of Five Hundred Dollars ($500.00), and no more than twenty (20) hours of community service;
(b)
For a second offense, a fine of One Thousand Dollars ($1,000.00), and no more than thirty (30) hours of community service; and
(c)
For a third offense or subsequent offense, a fine of One Thousand Five Hundred Dollars ($1,500.00), and no more than fifty (50) hours of community service.
(3)
It shall be unlawful for any person who is in, on or within one thousand (1,000) feet of any church, public park, ballpark, public gymnasium, youth center or movie theater to sell or furnish an alternative nicotine product to any individual under twenty-one (21) years of age. Each violation of the provisions of this subsection (3) shall be treated as a separate offense.
(4)
Upon conviction for violation of the provisions in subsection (3) of this section, the offender shall be punished with treble the fines and community service described in subsection (2) of this section.
(5)
If the alternative nicotine product sold or furnished in violation of this section contains any controlled substance that is otherwise prohibited by law, or any other substance that causes the recipient to require emergency medical care as a result of using the product, the penalty, upon conviction, shall be treble the fines and community service described in subsection (2) of this section, plus any other penalty provided by law for the sale or furnishing of the controlled substance or other substance.
Added by Laws, 2020, ch. 470, SB 2596,§ 2, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 33 - GAMBLING AND LOTTERIES (§§ 97-33-1 — 97-33-317) › IN GENERAL (§§ 97-33-1 — 97-33-49) › Section 97-33-3 - Gambling; penalties on certain officers; penalty for use of public money

If a judge of any court, or a justice court judge, or attorney-general or district attorney, or a constable, sheriff, or any person charged by law with the custody of public money, shall violate the provisions of the foregoing section, such person so offending, on conviction thereof, shall be fined Five Hundred Dollars ($500.00), and be imprisoned in the county jail twenty (20) days. In case any public officer shall in any manner use or loan public money in his hands by virtue of his office, in any game, wager, or bet, on conviction thereof, his commission shall thereby be deemed vacated, and the vacancy supplied as in case of death, resignation, or removal from office.
Codes, Hutchinson's 1848, ch. 64, art. 11(2); 1857, ch. 64, art. 135; 1871, § 2599; 1880, § 2845; 1892, § 1123; 1906, § 1204; Hemingway's 1917, § 934; 1930, § 961; 1942, § 2191; Laws, 1986, ch. 459, § 43, eff. 7/1/1986.