In Mississippi, drug crimes can lead to serious consequences, including felony charges. A drug crime becomes a felony based on several factors, including the type and amount of drug, the activity involved and prior convictions.
Understanding these factors in greater detail can help explain why some drug crimes result in harsher penalties.
Types and amounts of drugs
The type of drug plays a significant role in determining whether a drug crime is a felony. Mississippi classifies drugs into schedules, from Schedule I to Schedule V, based on their potential for abuse and medical use. Schedule I drugs, such as heroin and LSD, have a high potential for abuse and no accepted medical use. Schedule V drugs, like some cough medicines with codeine, have a lower potential for abuse. Possessing, selling or distributing Schedule I or II drugs typically results in felony charges, while lower schedules may result in lesser charges.
The amount of the drug also affects the severity of the charge. Possessing a small amount of marijuana, for instance, might be a misdemeanor, while possessing larger quantities can elevate the charge to a felony.
Activities involved
Certain activities related to drugs are more likely to result in felony charges. Manufacturing, distributing or trafficking drugs often leads to felony charges, regardless of the drug amount. Even possession with the mere intent to distribute can result in a felony charge.
Prior convictions
An individual’s criminal history can influence whether a drug crime becomes a felony. Repeat offenses often lead to harsher penalties. Mississippi law imposes increased penalties for individuals with prior drug convictions.
Understanding the factors that lead to the escalation of a drug crime to a felony highlights the seriousness with which the state treats drug-related offenses. Awareness of these factors can help you grasp the potential legal consequences of drug-related activities in Mississippi.
