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Jackson MS Drug Crimes Attorney

We can defend you, if you have been charged with drug possession, manufacturing, possession for sale, cultivation, delivery, trafficking, or prescription fraud.

If accused of drug crimes in Mississippi, then the crime could be a state crime, a federal crime or both.  The federal and Mississippi drug enforcement policies are both very harsh.

Definition of controlled substances

Most states follow the federal definitions of “controlled substances”.  Under the federal Controlled Substances Act, controlled substances are classified on the basis of 5 schedules based on their abuse and addiction potential offset by any medicinal value.  The most severe penalties are attached to Schedule 1 drugs and the least severe concern Schedule 5 drugs.

Examples of Schedule 1 drugs are heroin and LSD; Schedule 2 drugs – cocaine and marijuana; Schedule 3 – anabolic steroids and morphine; Schedule 4 – Xanax and Valium; and Schedule 5 – some cough suppressants containing small amounts of codeine.

Possession of any quantities of Schedule 1 drugs is a felony.  Possession of very small quantities of  Schedule 2  drugs, such as cocaine, marijuana or ecstasy is commonly classified as a misdemeanor which may result in a fine and a small prison sentence but if you are found with more than more than very small amounts then possession can swiftly turn into a felony with all the consequences that follow.

Types of drug offenses

A defendant can be accused of different types of drug offenses ranging from possession of narcotics such as marijuana or cocaine, to drug trafficking heroin, cocaine and other drugs, including possession with intent to deliver to someone else, or manufacturing drugs by growing marijuana or creating a meth lab.

You can also be charged if you are in possession of paraphernalia deemed to be used for the use, trafficking or manufacture of illegal drugs.  Paraphernalia could mean anything from pipes, to plastic bags for containing cocaine powder, to hypodermic syringes to seedbeds for your marijuana plants

Federal Jurisdiction

A significant number of drug offenses are covered by federal jurisdiction.  You could be charged under federal law if arrested for use of an illegal drug when on federal property such as a national park, or of if the drug crime crosses state boundaries then the crime becomes a federal offense.

The federal government has also, since 1986 taken the lead on introducing minimum sentences for drug offenses, followed by many states including Mississippi

It is partly this change which has rocketed federal prison populations from 40,000 in 1986 to 150,000 now with almost exactly half being imprisoned on drug offenses.  While there are many more convicted drug offenders in state prisons, around 500,000, they form only around 25% of the prison population.

Drug Offense Convictions

If you are convicted of a drug offense this may result in imprisonment, heavy fines, probation with compulsory drug testing, mandatory rehabilitation, and a criminal record, often as a felon.  The severity of the punishment depends on a number of factors including, but not limited to:

  • The type of drug used in the offense
  • Whether you have any previous criminal record
  • Whether the crime involved other criminal behavior such as the use of a gun
  • The sentencing policies of the state or federal court in which you are tried
  • The personal views of law enforcement officials, judges, and juries.

 

If you are arrested for a drugs crime the most important thing to remember is that you do not say anything until you have spoken to your attorney.
CALL US NOW! (601) 355-8775