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Mississippi Drug Possession Law

Mississippi Drug Possession Defense

What you're facing under Miss. Code Ann. § 41-29-139(c), how the penalties scale, and the questions your attorney needs to answer, specific to Mississippi (MS) law.

Offense Class

Felony (Schedule I/II); Misdemeanor (Schedule III-V small amounts)

Maximum Penalty

3 years (Schedule I/II); 1 year (Schedule III-V first)

Maximum Fine

$3,000 (Schedule I/II first); $1,000 (Schedule III-V first)

Penalty Range in Mississippi

StatuteMiss. Code Ann. § 41-29-139(c) — Possession of Controlled Substance
Minimum Penalty
Maximum Penalty3 years (Schedule I/II); 1 year (Schedule III-V first)
Maximum Fine$3,000 (Schedule I/II first); $1,000 (Schedule III-V first)

Charge Enhancements

These factors can elevate the charge or penalty in Mississippi:

  • Prior drug convictions (enhanced penalties)
  • Possession near a school, church, or public park (§ 41-29-142)

Mississippi-Specific Detail

Mississippi treats most simple possession as a felony for Schedule I/II substances. Drug court diversion programs available.

Is your Mississippi drug case defense on track?

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Mississippi defendants.

Important: This page provides legal INFORMATION about Mississippi drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.