MS Drug Possession Laws

Multiple High-Ranking Mississippi Officials Face DUI Offenses

Published on: May 14, 2024 | by Vic Carmody Jr., P.A.

As with all States, everyone is equal under the law in Mississippi. This includes not only average motorists but also Councilwomen, sheriffs, and other officials. In the past few weeks, many of these officials have been charged with DUI-related offenses, proving that no one gets special treatment. These defendants arguably face more serious consequences than average motorists due to the high-profile nature of their jobs. A single DUI offense can be enough to end a political or law-enforcement career. What can you do if you face a DUI charge in Mississippi?

Wayne County Sheriff Arrested for DUI and Reckless Driving

On March 11, 2024, it was reported that a former Wayne County Sheriff had been arrested on suspicion of drunk driving and reckless driving. Although this individual had previously retired from the force back in 2023, it is unlikely that he will ever return. The individual was spotted driving in what police say was a “reckless fashion” in Waynesboro. Police then pulled him over and concluded that he was driving under the influence.

What to do if you’ve been stopped by the Police

Published on: June 5, 2023 | by Vic Carmody Jr., P.A.

Police have one mission in their role as officers—to serve and protect. As officers of the law, we look to the police in times of need to help and keep us safe. For some, an encounter with the police may invoke feelings of nervousness or fear, regardless of circumstance. Here are some general things to know about being stopped by police regarding your rights.

If stopped in your car, here are some things to know. Officers cannot legally pull you over without probable cause. Probable cause means there is a very good reason to believe a person has committed a crime, or that evidence of a crime can be found in a specific space. Some examples of this include suspicious behavior that a driver is under the influence, swerving, or a clear violation of the law. If pulled over, it is important to comply with the officer and remember the stated reason for pulling you over.

When stopped, be sure to quickly pull your car over in a safe, well-lit place. You can pre-emptively roll down the window, and have your driver’s license, registration, and proof of insurance ready to show the officer should they ask. If an officer asks to look inside your car, you can refuse to consent to the search unless they have a warrant. However, if police believe your car contains evidence of a crime, your car can be searched without your consent. Same as being pulled over, officers must have probable cause to search your car, such as smelling drugs or alcohol, or seeing open beer bottles, firearms, or drug paraphernalia in plain view.

Texas Man Arrested for Trafficking Pills Laced with Fentanyl in Mississippi

Published on: April 6, 2023 | by Vic Carmody Jr., P.A.

According to WLBT-TV, a Texas man has been charged with aggravated trafficking in Mississippi in mid-January. The man was allegedly arrested for trafficking over 10,000 pills, which consisted of fentanyl. As most are aware, fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine. It is extremely addictive and small doses of it can be deadly.

The incident occurred back in April when a Rankin County Sheriff’s Department Deputy stopped a Chevrolet Tahoe driven by the man as a result of a traffic violation. Reports indicate that a woman and child were also inside the vehicle at that time. Upon approaching the vehicle, the deputy reportedly observed that the back panel of the passenger seat was lying on the floor. The deputy also saw two large packages that were wrapped in electrical tape bulging from the altered passenger seat as well as a few blue M30 – commonly known as counterfeit oxycodone – pills on the floor.

After further investigation, the packages found in the vehicle were revealed to contain over 10,000 counterfeit blue M30 pills, containing both oxycodone and fentanyl. The man has since pled guilty to trafficking fentanyl and will serve 10 years at the Mississippi Department of Corrections without parole.

Can You Get a Pardon for Marijuana Possession in Mississippi?

Published on: November 18, 2022 | by Vic Carmody Jr., P.A.

Most of us can agree that marijuana is not a dangerous drug. In fact, alcohol is far more deadly, causing numerous DUI crashes each year. In addition, people can literally drink themselves to death – while it is essentially impossible to overdose on marijuana. Finally, marijuana is nowhere near as addictive as some of the other “harder” drugs, and users tend to develop a dependency that is similar to a caffeine addiction at best. For all of these reasons and many others, numerous states have legalized marijuana for recreational use.

However, Mississippi currently only makes it legal to possess and use marijauna if you have a medical license. Many are calling for the state to join many others and fully decriminalize marijuana – making it legal for recreational users to possess, use, and grow the drug as well. Despite the fact that this will probably happen in the near future, there are many Mississippi residents who currently have criminal records due to simple marijuana possession. But could you get a pardon for this offense and clear your name?

What is Simple Marijuana Possession in Mississippi?

Drug Cases Cost You Decades in Prison

Published on: October 28, 2022 | by Vic Carmody Jr., P.A.

Mississippi law casts a broad net when it comes to outlawing “controlled substances.” Mississippi law states that it is illegal to knowingly or intentionally possess, sell, barter, exchange, or manufacture a controlled substance. Unless, of course, you are authorized to do so by law. Drug crimes come with a variety of penalties, depending largely on the type drug for which that you are arrested or categorized of. In Mississippi there are five schedules, Schedule I Controlled Substances being what are considered to be the most dangerous and lacking any medicinal use, while Schedule V Controlled Substances are considered less dangerous.

What are the Penalties for Drug Charges in Mississippi?

The penalties for violating the laws of Mississippi for possessing controlled substances are as follows:

Robberies Involving Controlled Substances

Published on: July 18, 2022 | by Vic Carmody Jr., P.A.

While robbing a bank is obviously illegal, the items stolen are legal. In other words, there is nothing wrong with owning paper money. But what happens if you steal something that is illegal, such as a controlled substance? In the case of one drug dealer stealing another dealer’s stash at gunpoint, the police rarely get involved. Why? Because it is not like the drug dealer is going to call the police. But what happens when controlled substances are stolen from a location that is actually allowed to store them – such as a pharmacy? As it turns out, there is a law specifically put in place for these situations.

If you have been charged with a robbery involving a controlled substance, it is imperative that you get in touch with a criminal defense attorney as soon as possible. Our legal professionals can help you strive for the best possible outcomes, and there is no sense in accepting a needlessly harsh penalty. Book your consultation with a private defense attorney right away, and you can begin fighting for your rights and developing an effective defense strategy.

Robberies and Burglaries Involving Controlled Substances

Governor Tate Reeves May Veto New Marijuana Law in 2022

Published on: January 19, 2022 | by Vic Carmody Jr., P.A.

Like many states, Mississippi is starting to welcome the idea of legalized marijuana. However,

this is proving to be a slow, arduous process. Mississippi is lagging behind many other states

throughout the nation that have already passed decriminalization statutes. While Mississippi is

A Constitutional Loophole

Published on: May 26, 2021 | by Vic Carmody Jr., P.A.

Under normal circumstances, the people of a state would vote on an issue, and new laws would be passed. But this did not happen when Mississippi citizens voted in favor of marijuana legalization. Due to a strange constitutional loophole, lawmakers and citizens alike have been left scratching their heads. Back in November, citizens supported the legalization of medical marijuana.

But in May of 2021, the Mississippi Supreme Court ruled in favor of a man who sued the state over the implementation of the ballot initiative. Now, questions are being raised as to whether or not the medical marijuana dispensaries will even open as expected this year.

Why is this happening? The exact laws on ballot initiatives are quite simple. They become valid if whoever registers the proposal can get one-fifth of their signatures from each of the state’s five congressional districts. There is only one problem: Mississippi only has four congressional seats. This means that it is constitutionally impossible to validate any ballot initiative. The court’s justices accepted that the situation was difficult, but they said that they were forced to follow the law as it had been written.

New Court Decision Leaves Voters Guessing About Marijuana Legality

Published on: May 26, 2021 | by Vic Carmody Jr., P.A.

Voters have spoken in Mississippi, and the prospect of legalizing marijuana is clearly an attractive one. By legalizing this drug, Mississippi would join many other states in the nation that have decided to allow responsible citizens to enjoy marijuana recreationally without fear of legal action. However, it seems like the will of the people and the legislative branch are not acting in unison. Despite support from voters, Mississippi does not look like it is getting any closer to legalization.

If you are facing criminal charges because of marijuana possession, you are likely frustrated and concerned about your future. While the state delays over this monumental decision, you may be facing serious consequences in the short term. The only thing you can do in this situation is hire a qualified, experienced criminal defense attorney. We will help you fight for your rights and avoid needless penalties.

Mississippi’s Urine Ban

Published on: May 19, 2021 | by Vic Carmody Jr., P.A.

While it might not be illegal to attempt to cheat on a drug test in the Magnolia State, it is illegal to help others cheat. There is actually an entire industry built around helping people cheat on drug tests. A simple online search will reveal plenty of websites and companies that sell “detoxifying” substances designed specifically to help people hide their drug use.

In Mississippi, the state has focused on one specific aspect of this test-cheating industry — the sale of human urine. There are certain companies that market real or fake human urine that helps individuals pass drug tests. In 2021, Mississippi introduced a new law that would ban the sale of real or fake human urine. You can also be found guilty of this crime if you simply give away your urine. The first offense comes with a fine of $1,000 and up to six months in jail. Repeat offenders can face up to three years in jail.