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.

He was then quickly booked and processed in the Wayne County jail, although he was ultimately released with numerous pending charges. Police did not specifically say whether this former sheriff was intoxicated by alcohol or some other substance.

Councilwoman Charged With Marijuana DUI

In late February of 2024, it was reported that a Mississippi Councilwoman had been charged with a marijuana DUI in the previous year. The arrest occurred in June, and police say that they smelled the odor of marijuana emanating from the vehicle after pulling her over. Officers also say that they spotted her veering across several lanes before conducting the traffic stop. After searching the vehicle, one arresting officer reported finding an orange pill bottle with marijuana residue. Ultimately, the Councilwoman failed the “finger-to-nose” segment of a field sobriety test three times in a row.

Later, the Councilwoman admitted that she had been smoking marijuana prior to the incident and implied that she used the drug while attending a conference alongside other elected officials in Jackson. In the end, she was charged with DUI and possession of drug paraphernalia. She subsequently pleaded guilty and agreed to participate in a first-offender adjudication program. This program involved mandatory drug tests and the revocation of her driving license. According to one report, the Councilwoman is seeking to have her charges expunged.

Will a DUI Affect My Career in Mississippi?

A DUI certainly has the potential to affect your career. Even if you are not a public figure, a DUI on your record may make it difficult to find a job. Companies are allowed to carry out background checks, and these checks may only cost a few dollars. In seconds, a potential employer could find out that you have been convicted of a DUI in the past.

However, the situation may be even more serious if you are a public figure of some kind – such as a politician, actor, sheriff, actor, athlete, or business leader. If you fall into these categories, your DUI may affect your public reputation as well as your criminal record. This has the potential to follow you around for the rest of your life – and it may end your career entirely.

Even if you attempt to expunge your DUI (as the Councilwoman is doing), people may not forget this controversy. Because of this, it may be best to fight your charges alongside a criminal defense lawyer in court and completely clear your name.

Find a Qualified DUI Defense Attorney in Mississippi

If you are a public figure in Mississippi, it is important to take your DUI charge seriously. While an average motorist might face fines and incarceration for a DUI, you face the end of your career. It may be very difficult to return to work as a law enforcement figure or politician after being convicted, and this reputational loss can last a lifetime. Fortunately, you can defend yourself effectively with help from qualified, experienced DUI defense lawyers in Mississippi. Get in touch with Vic Carmody Jr., P.A. today to discuss the most appropriate defense strategy based on your unique situation.

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.

You have the right to remain silent, both as the driver or passenger. As a passenger, you may ask the officer if you are free to leave, and calmly do so if they allow it. Even if the officer says you are not allowed to leave, you still have the right to remain silent. This means that if the officer is questioning you, you are under no obligation to answer. If they handcuff you and ask questions, you can ask if you are under arrest. If you are not under arrest, you can ask to leave. If you are under arrest, your Miranda rights must be read to you and anything you say following that, can be used against you.

If arrested, do not resist regardless of how unfair the arrest may seem. Exercise your right to remain silent and ask for a lawyer immediately. There is no need to give the police any explanations or excuses. If you cannot afford an attorney, you have the right to a court-appointed attorney. It is crucial to not say anything, sign anything, or make any decisions without your lawyer. You also have the right to make a phone call. If the call is to your lawyer, the police cannot listen. Be sure to prepare yourself and your family in case you are arrested by memorizing the phone numbers of your family and attorney. Make plans in the case of your family and children or if you need to take medications.

If you feel like your rights have been violated, unfortunately there is not much that can be done at the moment of your arrest. Physically resisting the officers would do more harm than good. When you can, write down everything you remember, including officers’ names and badge numbers. Get information from witnesses, if there are any. And most importantly, seek the help of an attorney.

What should you do if you feel like your rights have been violated?

If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your consultation to learn more.

Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com and our office phone number is (601) 948 – 4444 option 1.

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.

How Does Mississippi Define Aggravated Drug Trafficking?

Under Mississippi law, it is unlawful for any person to knowingly or intentionally to:

1. Sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or
2. Create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer or dispense, a counterfeit substance

The above-mentioned actions become trafficking when an individual possesses thirty or more grams or forty or more dosage units of a Schedule I or II controlled substance – in this case, fentanyl and oxycodone. However, the trafficking becomes aggravated when in possession of two hundred grams or more of Schedule I or II controlled substances.

What Happens if Someone is Convicted of Aggravated Drug Trafficking in Mississippi?

The penalties for drug trafficking are serious and in most cases, severe. If convicted of drug trafficking in Mississippi, the offender could face anywhere between 10 to 40 years behind bars, as well as a fine from anywhere between $5,000 to $1,000,000.

If convicted of aggravated drug trafficking, the offender could spend 25 years to life in prison and potentially be responsible for paying $5,000 to 1,000,000 in fines. Offenders convicted of aggravated drug trafficking must serve a mandatory sentence of at least 25 years, which may not be reduced or suspended. Additionally, those convicted of aggravated drug trafficking will not be eligible for probation or parole.

Finding an Attorney

If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous offenders pursue favorable outcomes. Although being accused of a crime is not a pleasant experience, there are many potential defense strategies that can be used to defend and reduce the charges against an offender. Call/contact us today for your consultation to learn more.

Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com and our office phone number is (601) 948 – 4444 option 1.

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?

If you are caught carrying 30 grams of marijuana or less in Mississippi, you will face a fine of up to $250 with no jail time. The logic here is that if you are carrying less than 30 grams, your marijuana is probably for personal use – and you are not trying to sell this drug to anyone. While this might seem like the state of Mississippi is taking a very progressive stance, it’s important to remember that the penalties become increasingly severe with subsequent offenses. For example, a second simple marijuana possession charge will result in a $250 fine and up to two months in jai.. A third violation is prosecuted as a misdemeanor with a fine of up to $500 and a jail sentence of up to six months. Remember, you could face these penalties even if you are caught with a couple grams.

You should also know that the penalties become worse if you are caught with marijuana in a car. Even if it is your first offense, possession of up to 30 grams is automatically a misdemeanor – resulting in a fine of up to $1,000 and up to three months in jail.

Pardons are Being Discussed

If you have already been charged for one of these offenses, you know all too well that Mississippi can be quite harsh when it comes to marijuana possession – even though the state seemingly has a relaxed stance toward medical marijuana. Many people are stuck with criminal records due to marijuana possession, and this can make it difficult to find employment, obtain a firearm, and exercise many of their rights as Americans.

On October 26th, it was reported that criminal justice groups in the Magnolia State were pushing for the government to pardon those who had been convicted of simple marijuana possession. This outcry came after Joe Biden’s announcement that he would pardon all federal offenses related to simple marijuana possession. Criminal justice groups immediately demanded to know what the state government was planning to do with its own local laws – pointing out that many people with these criminal records are struggling to find secure housing.

Biden specifically encouraged all state governors to follow his lead and pardon offenses of simple marijuana possession. As of this writing Governor Tate Reeves has yet to respond – but he has called Biden’s actions “naive” while accusing him of attempting a “political stunt” in the run-up to the elections. That being said, those who have been convicted of simple marijuana possession in federal district courts within Mississippi can pursue a pardon through Biden’s new initiative without worrying about the state governor in Mississippi.

Pardoning these crimes would certainly make a lot of sense, although it is important to note that it would not remove the offense from your criminal record. In order to do that, you would need to work with a criminal defense attorney and pursue an expungement.

Where Can I Find a Qualified, Experienced Criminal Defense Attorney in Mississippi?

If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants in the Magnolia State, and we know that there are far worse crimes out there than marijuana possession. A pardon may be possible, especially with recent comments from Joe Biden. If you would like to explore your options to clear your criminal record and get on with your life, book a consultation with us today.

What are the Penalties for Drug Charges in Mississippi?

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

A controlled substance classified in Schedule I or II, except marijuana and synthetic cannabinoids:

(A) If less than one-tenth (0.1) gram or two (2) dosage units, the violation is a misdemeanor and punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($ 1,000.00), or both.

(B) If one-tenth (0.1) gram or more or two (2) or more dosage units, but less than two (2) grams or ten (10) dosage units, by imprisonment for not more than three (3) years or a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both.

(C) 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 more than eight (8) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00), or both;

(D) 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 three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00), or both.

As you can see, the penalties for simply possessing Schedule I-II controlled substances can be harsh. While Marijuana is still considered a Schedule I drug, it is treated more leniently up to a point.

Marijuana and synthetic cannabinoids:

1. If thirty (30) grams or less of marijuana or ten (10) grams or less of synthetic cannabinoids, by a fine of not less than One Hundred Dollars ($ 100.00) nor more than Two Hundred Fifty Dollars ($ 250.00).

A second conviction under this section within two (2) years is a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($ 250.00), not more than sixty (60) days in the county jail, and mandatory participation in a drug education program approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that a drug education program is inappropriate.

A third or subsequent conviction under this paragraph (2)(A) within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($ 250.00) nor more than One Thousand Dollars ($ 1,000.00) and confinement for not more than six (6) months in the county jail.

These penalties can be increased based on a variety of circumstances including whether a vehicle is involved.

ENLIST THE HELP OF A QUALIFIED CRIMINAL DEFENSE ATTORNEY

When you are searching the state of Mississippi for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. No matter the circumstances of your case, the sooner you get in touch with a qualified criminal defense attorney, the better chance you have for a favorable outcome. Over the years, we have helped countless defendants who have been charged with drug crimes all over the state of Mississippi. Please call us for a consultation today, and we can help you defend yourself when you are arrested and charged with a drug crime in Mississippi.

Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is vic@mississippi-lawyers.com, and our office phone number is (601) 948 – 4444 option 1.

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

According to 18 U.S. Code § 2118, robberies and burglaries involving controlled substances can be prosecuted as a separate, federal crime. To be found guilty of this crime, you must:

“Take or attempt to take from the person or presence of another by force or violence or by intimidation any material or compound containing any quantity of a controlled substance belonging to or in the care, custody, control, or possession of a person registered with the Drug Enforcement Administration under section 302 of the Controlled Substances Act (21 U.S.C. 822).”

In other words, this law was put in place specifically to protect pharmacies and any other agency that can legally store, transfer, or distribute controlled substances like opioids and other pharmaceuticals that may attract criminals.

If you are found guilty, you may face imprisonment of up to 20 years and a substantial fine. If the amount of material stolen was less than $500, you will face a less severe sentence. You may also escape this penalty if you stayed within your own state lines and did not attempt to transport the stolen goods into another state or country. Finally, you will be charged with this crime if another person was killed or seriously injured as a result of the robbery – regardless of the value of the stolen pills.

You will also face similar penalties if you simply attempted to sneak into the premises and steal the medication without actually “taking” it from anyone. Most of these situations involve burglaries outside of working hours. Again, the penalty is up to 20 years in prison and a substantial fine.

It is also worth noting that as soon as you use or brandish a deadly weapon in the course of this crime, you face up to 25 years in prison. If someone is killed, you face life in prison.

Enlist the Help of a Qualified Attorney Today

If you have been searching for a qualified, experienced criminal defense attorney in Mississippi, look no further than Vic Carmody Jr., P.A. Over the years, we have assisted numerous defendants with various crimes – including robberies and burglaries. We know that things can become especially problematic when controlled substances are involved, and we are ready to give you a fighting chance of a positive outcome. Book your consultation today to get started.

If you are facing charges due to marijuana possession in Mississippi, you need to get in touch with a qualified, experienced criminal defense attorney as soon as possible. The state might be experimenting with less stringent laws when it comes to marijuana, but that does not mean the justice system will give you much leniency if you have broken an existing law. With help from a qualified attorney, you can fight for your rights and strive for the best possible outcome.

Reeves is Concerned About the Gram Limits

On December 28th of 2021, it was reported that Reeves had expressed concerns about the medical marijuana bill in a recent Facebook post. In this social media post, the Governor stated that he felt 3.5 grams (also known as an “eighth”) was too much marijuana for one person to consume each day. Instead, he suggested that the number be cut in half in order to move forward with the law.

Immediately, onlookers concluded that Governor Reeves was likely to veto the bill unless these demands were met. Although this is just a social media post, it does carry the weight of an elected official with considerable power.

Legislators Have Been Trying to Legalize Weed for Some Time Now

Legislators have been trying to legalize marijuana ever since voters approved the medical program back in 2020. Over a year has passed, and progress seems to be moving forward at a snail’s pace. On the one hand, Reeves has stated that he is concerned about whether the marijuana will be used by patients with legitimate medical issues. But on the other hand, those with legitimate medical issues would likely require a large amount of marijuana per day to adequately treat their conditions. By recommending a lower dosage per day, Reeves appears to be contradicting himself.

Enlist the Help of a Qualified Attorney Today

If you have been following these developments closely, you might feel frustrated at the lack of consistency from state authorities. On the one hand, they seem willing to accept the idea of legalized marijuana (at least in some form). On the other hand, they seem to be hesitant to actually move forward.

This can all be very confusing for marijuana users in Mississippi, and this confusion can easily lead to criminal charges for innocent people who aren’t really hurting anyone. If you have been charged with any crime related to marijuana possession in Mississippi, get in touch with Vic Carmody Jr., P.A. We’ll help you strive for the best possible outcome and fight for your rights if you have been accused of this victimless crime. Book your consultation today.

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.

Now, lawmakers are asking themselves how they will move forward. They also express concerns that voters do not actually have the power to change the law, something that is important in any democratic society. It goes without saying that this has become a very strange situation. In fact, it could also have an impact on past laws that have passed since Mississippi’s congressional seat loss, including controversial voter ID laws.

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.

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.

If you are dealing with any drug-related legal issues, it is always a good idea to connect with a criminal defense attorney in Mississippi. While cheating on a drug test is probably not a good idea, there is no reason you should face unnecessary legal consequences for your choices. With a skilled attorney at your side, you can mitigate any legal consequences you may be facing.

Make no mistake, you face significant consequences if you are caught running a meth lab in the state of Mississippi. This is why it is so important to enlist the help of a qualified, experienced criminal defense attorney as soon as possible. It always makes sense to give yourself the best possible chance of a positive legal outcome. Even if you are facing serious, life-altering legal consequences, you might be surprised at how a skilled attorney can help.

Precursor Drugs

In order to manufacture methamphetamine, chemists need access to precursors. These chemicals are commonly known as “Sudafed,” and they include pseudoephedrine and ephedrine. Previously, these precursors were classified as Schedule II drugs in Mississippi. This meant that you could not simply go to your local pharmacy and purchase them over the counter. However, drug manufacturers simply used different ingredients. Worse still, the lack of options for local manufacturers meant that the majority of meth was then imported by the Mexican cartels.

In the end, the laws banning the sale of over-the-counter Sudafed achieved absolutely nothing. This is why legislators in Mississippi reversed this decision in 2021, making Sudafed legal to purchase over the counter once again.

The Penalty for Creating a Meth Lab in Mississippi

According to Mississippi law, it is illegal to manufacture methamphetamine with the intent to sell or distribute. The exact punishment for this crime depends on how much methamphetamine is found at the scene of the crime. As long as the authorities find more than 30 grams of meth at your meth lab, you will be charged with a felony. This felony conviction involves a maximum prison sentence of 40 years and a maximum fine of $1 million.

If they find more than 200 grams of meth at the scene of the crime, you will be charged with aggravated trafficking, which results in even more serious consequences. Other factors that can increase your sentence include manufacturing meth near a church or school, or selling to someone under the age of 21.

Enlist the Help of a Qualified Attorney Today

If you have been searching for a qualified, experienced criminal defense attorney in Mississippi, look no further than Vic Carmody Jr., P.A. Thanks to a wealth of experience with criminal defense law and drug charges, we can help you approach this difficult situation in the most efficient way possible. Even though you might be facing significant consequences, it always makes sense to try your best and fight for your rights. Reach out today, and we can start developing an action plan together.

Unlike Alaska, Colorado, Oregon, Washington, and the District of Columbia, marijuana is not legal to possess for recreational use or any other reason in the State of Mississippi. This remains the law in the Magnolia State despite the nation’s only legal “pot farm” for research and study purposes existing at the University of Mississippi.

So, what exactly is the law in Mississippi?

Section 41-29-139 of the Mississippi Code provides (in pertinent part) as follows:

(a) 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.

***

(2) Marijuana or synthetic cannabinoids in the following amounts shall be charged and sentenced as follows:

(A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00). The provisions of this paragraph shall be enforceable by summons, provided the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons. A second conviction under this section within two (2) years shall be punished by a fine of Two Hundred Fifty Dollars ($250.00) and not less than five (5) days nor more than sixty (60) days in the county jail and mandatory participation in a drug education program, approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that such drug education program is inappropriate. A third or subsequent conviction under this section within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and confinement for not less than five (5) days nor more than six (6) months in the county jail. Upon a first or second conviction under this section, the courts shall forward a report of such conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this section and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;

(B) Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marijuana or synthetic cannabinoids is guilty of a misdemeanor and, upon conviction, may be fined not more than One Thousand Dollars ($1,000.00) and confined for not more than ninety (90) days in the county jail. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers;

(C) More than thirty (30) grams but less than two hundred fifty (250) grams may be fined not more than One Thousand Dollars ($1,000.00), or confined in the county jail for not more than one (1) year, or both; or fined not more than Three Thousand Dollars ($3,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or both;

(D) Two hundred fifty (250) grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or both;

(E) Five hundred (500) grams but less than one (1) kilogram, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of less than Two Hundred Fifty Thousand Dollars ($250,000.00), or both;

(F) One (1) kilogram but less than five (5) kilograms, by imprisonment for not less than six (6) years nor more than twenty-four (24) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both;

(G) Five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years or a fine of not more than One Million Dollars ($1,000,000.00), or both.

***

(d)(1) It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of one (1) ounce or less of marijuana or synthetic cannabinoids under subsection (c)(2)(A) of this section.

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Note: Two (2) years ago, Mississippi House Bill 1231, which in part enacted “Harper Grace’s Law” effective on July 1, 2014, authorized the legal, medicinal use of “CBD oil,” which is defined by Mississippi law as “processed cannabis plant extract, oil or resin that contains more than fifteen percent (15%) cannabidiol, or a dilution of the resin that contains at least fifty (50) milligrams of cannabidiol per milliliter, but not more than one-half of one percent (0.5%) of tetrahydrocannabinol.” It is legal by prescription only for certain individuals who have been diagnosed to suffer from seizures and seizure like symptoms.