Mississippi HB 867: Heroin and fentanyl; add penalties for possession, or death resulting from use of.

Bill Text

HB 867 (COMMITTEE SUBSTITUTE) - 2019 Regular Session 

MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary A

By: Representatives Baker, Paden, Hines

House Bill 867

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE "PARKER'S LAW"; TO AMEND SECTION 
41-29-139, MISSISSIPPI CODE OF 1972, TO ADD PENALTIES FOR POSSESSION OF HEROIN 
OR FENTANYL AND POSSESSION WITH INTENT TO TRANSFER HEROIN OR FENTANYL, TO THE 
PROVISIONS OF LAW THAT PROVIDE PENALTIES FOR POSSESSION AND SELL OF ALL 
PROHIBITED CONTROLLED SUBSTANCES; AND FOR RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� This 
act shall be known and may be cited as "Parker's Law."

���� SECTION 2.� Section 
41-29-139, Mississippi Code of 1972, is amended as follows:

���� 41-29-139.� (a)� Transfer 
and possession with intent to transfer.� Except as authorized by this 
article, it is unlawful for any person knowingly or intentionally:

��������� (1)� To sell, barter, 
transfer, manufacture, distribute, dispense or possess with intent to sell, 
barter, transfer, manufacture, distribute or dispense, a controlled substance; 
or

��������� (2)� To create, sell, 
barter, transfer, distribute, dispense or possess with intent to create, sell, 
barter, transfer, distribute or dispense, a counterfeit substance.

���� (b)� Punishment for 
transfer and possession with intent to transfer.� Except as otherwise 
provided in Section 41-29-142, any person who violates subsection (a) of this 
section shall be, if convicted, sentenced as follows:

��������� (1)� For controlled 
substances classified in Schedule I or II, as set out in Sections 41-29-113 and 
41-29-115, other than marijuana * * * or ,synthetic cannabinoids, heroin 
or fentanyl:

������������� (A)� 
If less than 
two (2) grams or ten (10) dosage units, by imprisonment for not more than eight 
(8) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or 
both.

������������� (B)� 
If two (2) or more grams or ten (10) or more dosage units, but less than ten 
(10) grams or twenty (20) dosage units, by imprisonment for not less than three 
(3) years nor more than twenty (20) years or a fine of not more than Two 
Hundred Fifty Thousand Dollars ($250,000.00), or both.

������������� (C)� If ten (10) or 
more grams or twenty (20) or more dosage units, but less than thirty (30) grams 
or forty (40) dosage units, by imprisonment for not less than five (5) years 
nor more than thirty (30) years or a fine of not more than Five Hundred 
Thousand Dollars ($500,000.00), or both.

������������� (D)� If any 
person violates paragraphs (B) and (C) of this subsection (b)(1) and death or 
serious bodily injury of another person results from the use of the substances 
described in paragraphs (B) and (C) of this subsection 
(b)(1), such person shall, upon conviction, be guilty of a felony for each person 
that suffers such death or injury, and imprisoned in the custody of the 
Department of Corrections for not less than twenty (20) years up to life 
imprisonment without parole, and a fine of not more than One Million Dollars 
($1,000.000).

���� (2)� (A)� For marijuana:

������������������ 1.� If thirty 
(30) grams or less, by imprisonment for not more than three (3) years or a fine 
of not more than Three Thousand Dollars ($3,000.00), or both;

������������������ 2.� If more 
than thirty (30) grams but less than two hundred fifty (250) grams, by 
imprisonment for not more than five (5) years or a fine of not more than Five 
Thousand Dollars ($5,000.00), or both;

������������������ 3.� If two 
hundred fifty (250) or more grams but less than five hundred (500) grams, by 
imprisonment for not less than three (3) years nor more than ten (10) years or 
a fine of not more than Fifteen Thousand Dollars ($15,000.00), or both;

������������������ 4.� If five 
hundred (500) or more grams but less than one (1) kilogram, by imprisonment for 
not less than five (5) years nor more than twenty (20) years or a fine of not 
more than Twenty Thousand Dollars ($20,000.00), or both.

������������� (B)� For synthetic 
cannabinoids:

������������������ 1.� If ten 
(10) grams or less, by imprisonment for not more than three (3) years or a fine 
of not more than Three Thousand Dollars ($3,000.00), or both;

������������������ 2.� If more 
than ten (10) grams but less than twenty (20) grams, by imprisonment for not 
more than five (5) years or a fine of not more than Five Thousand Dollars 
($5,000.00), or both;

������������������ 3.� If twenty 
(20) or more grams but less than forty (40) grams, by imprisonment for not less 
than three (3) years nor more than ten (10) years or a fine of not more than 
Fifteen Thousand Dollars ($15,000.00), or both;

������������������ 4.� If forty 
(40) or more grams but less than two hundred (200) grams, by imprisonment for 
not less than five (5) years nor more than twenty (20) years or a fine of not 
more than Twenty Thousand Dollars ($20,000.00), or b