Category Archives: Controlled Substance Offenses

Discussion of controlled substance offenses under Mississippi law, by Jackson criminal defense lawyer Curt Crowley.

What You Need To Know If Charged With Sale Of Xanax

If you have been charged with Sale of Xanax in Mississippi, here’s what you need to know:

In Mississippi, Sale of Xanax, also known as Alprazolam, is a felony crime.  Mississippi controlled substance law not only makes selling Xanax illegal, but also makes it illegal for a person to “barter, transfer [or] dispense” Xanax.  The penalty for Sale of Xanax in Mississippi is twenty (20) years in prison and a fine of $1,000.00 (minimum) to $250,000.00 (maximum).

It may appear that a Sale of Xanax charge is easy for the State to prove in Mississippi.  However, Mississippi criminal law provides many defenses to persons accused of selling Xanax (far too many for one post).  One of the most overlooked defenses involves whether the State actually has the Xanax that was sold.  Under Mississippi law, absent some very unusual circumstances, the State will be required to introduce the Xanax into evidence at trial.  Don’t assume that the police have the drugs.  Sometimes the evidence will, for whatever reason, get lost or misplaced.

So how do you know whether the State has the pills?  Your lawyer should make an appointment with the prosecutor and police to view this type of evidence.  It usually only takes a few minutes to view the drugs and verify that the State has them.  However, if the prosecutor is unable to locate the drugs, the Sale of Xanax charge will likely be dismissed.  If your lawyer doesn’t verify that the drugs are present, then you may be missing an opportunity to get the case dismissed.

If you are charged with Sale of Xanax or Alprazolam in Mississippi, you need a criminal lawyer who will fight hard to beat your drug charges.  Please contact Mississippi criminal lawyer Curt Crowley for a free case evaluation at 601.898.0685.  You can also visit his Jackson MS criminal lawyer website for more information.

Jackson, Mississippi Criminal Defense Lawyer Discusses Possession of Marijuana With Intent to Sell or Distribute

If you’ve been charged with possession with intent to sell or distribute marijuana in Mississippi, there are some things you need to know.

Mississippi Code Section 41-29-139 makes it a felony crime to “sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell barter, transfer, distribute or dispense” marijuana.

The penalties for possession with intent to sell or distribute marijuana in Mississippi are severe.  If the amount of marijuana involved is less than 30 grams, the potential sentence is three (3) years in prison, and a $3,000.00 fine.  In the case of a first offender who is charged with possession with intent to sell or distribute more than 30 grams, but less than 1 kilogram or marijuana, the potential sentence is twenty (20) years in prison, and a fine of $30,000.00.  In all other cases, the potential sentence is thirty (30) years in prison, and a fine of $5,000.00 (minimum) to $1,000,000.00 (maximum).

In Mississippi, the State must prove that the accused possessed the marijuana with the intent to sell or distribute.  Intent must be proven beyond a reasonable doubt.  Sometimes there is direct evidence of intent, such as where a person who has agreed to deliver marijuana to an informant is arrested on the way to make the delivery.  Most cases, however, are based on circumstantial evidence.

Under Mississippi law, the State may try to prove that a person had the intent to sell or distribute by showing that the amount of the marijuana in the person’s possession is proof of intent to sell.  In order to charge and convict a person based upon the amount of marijuana, Mississippi prosecutors must prove that the amount of marijuana in his possession exceeded the amount that would be reasonable for personal use.  Mississippi law states that if the amount of marijuana could just as likely be for personal use, as it was for sell or distribution, then the person cannot be convicted of possession with intent.  The proper charge in such a case would be simple possession of marijuana

In addition to the amount of marijuana, Mississippi law states that the packaging of the marijuana as well as other evidence of drug trafficking may be used to show possession with intent to sell or distribute.

In Mississippi, it is seldom easy for the State to prove possession with intent based upon the weight and packaging of marijuana.  The Mississippi Supreme Court has held that where a defendant was caught with 323.4 grams of marijuana, two (2) scales, a device used to hold marijuana, rolling papers, and $356.00 in cash, there was insufficient evidence of intent to sell or distribute.  The Court stated that the amount of marijuana was within the amount that a person could reasonably use, and that the holding device and rolling papers were consistent with using marijuana, not selling it.  Jowers v. State, 593 So.2d 46 (Miss. 1992).  Instead of possession with intent to sell or distribute marijuana, the defendant could only be convicted of simple possession of marijuana.  This is significant, as the penalties for simple possession are much less than those for possession with intent.

If you have been charged with possession with intent to sell or distribute marijuana in Mississippi, there are defenses available.  You need a criminal defense lawyer to handle your case and protect your interests.  Please call Curt Crowley at 601.944.1984 for a free consultation.  For more information, please feel free to visit our Mississippi criminal defense website.

Jackson, Mississippi Criminal Defense Lawyer Explains Felony Possession of Marijuana

Possession of marijuana is illegal under Mississippi law.  Whether or not possession of marijuana is a felony under Mississippi law depends upon how much marijuana was in the person’s possession at the time they were arrested.

Marijuana is weighed by the gram.  If the amount of marijuana is thirty (30) grams or less, then the charge of possession of marijuana is a misdemeanor in Mississippi.  If the amount of marijuana is more than thirty (30) grams, then the person will be charged with possession of marijuana as a felony in Mississippi.

Mississippi law states that the potential penalty for a charge of possession of marijuana also depends upon the weight of the marijuana.  The weights and potential sentences are as follows:

More than 30 grams, but less than 250 grams:  three (3) years in prison and a $3,000.00 fine;

250 grams, but less than 500 grams: two (2) years to eight (8) years in prison and a $50,000.00 fine;

500 grams, but less than 1 kilogram: four (4) to sixteen (16) years in prison and a $250,000.00 fine;

1 kilogram, but less than 5 kilograms: six (6) to twenty-four (24) years in prison and a $500,000.00 fine;

5 kilograms or more: ten (10) to thirty (30) years in prison and a $1,000,000.00 fine.

If you’ve been charged with possession of marijuana in Mississippi, you need an experienced criminal lawyer to protect your interests.  Possession of marijuana carries stiff penalties under Mississippi law.  If you’ve been charged with possession, please call criminal defense lawyer Curt Crowley at 601.944.1984 for a free case evaluation.  You may also visit our Mississippi criminal defense website for more information.

Jackson, Mississippi Criminal Defense Lawyer Tells What You Need To Know If Charged With Sale of Methamphetamine Or Possession With Intent to Distribute

If you have been arrested and charged with sale of methamphetamine, or possession with intent to sell, distribute or transfer meth in Mississippi, there are some things you need to know.

(1) It is illegal in Mississippi to sell, transfer, manufacture or distribute methamphetamine;

(2) It is also illegal to possess methamphetamine with the intent to sell, transfer, manufacture or distribute to another person;

(3) Regardless of whether you are charged with possession with intent, or the actual sale of methamphetamine, the penalties are the same;

(4) If you are charged with possession with intent, or the sale or transfer of methamphetamine, you face a potential sentence of thirty (30) years in prison and a fine of $1,000,000.00;

(5) Even though you may think you are guilty, there are many defenses to possession of meth, and the State’s case is seldom as strong as you think;

(6) If the charge is possession of methamphetamine with intent to sell, deliver, etc., the amount of meth in your possession may require that the charge be reduced to simple possession of meth.  This will greatly reduce the potential maximum sentence you face.

I’m a criminal lawyer in Jackson, Mississippi, and represent people charged with possession with intent to sell methamphetamine and other drugs and controlled substances.  If you have been charged with sale of methamphetamine or other controlled substances, please contact us at our Jackson, Mississippi criminal defense website for a free case evaluation.

Jackson, Mississippi Criminal Defense Lawyer Discusses Possession of Methamphetamine Charges

Charged with possession of meth in Mississippi?  Here are some facts you need to know:

Law enforcement in Mississippi considers methamphetamine (“meth”) to be an epidemic in this State.  Naturally, as law enforcement has focused more attention on meth cases, the number of people charged with possession of methamphetamine has sharply increased.

Possession of meth is illegal under Mississippi criminal law.  Pursuant to Mississippi Code Section 41-29-139, “it is unlawful for any person knowingly or intentionally to possess [methamphetamine].”

Potential penalties for possession of meth depend on the amount of the drug in the defendant’s possession at the time of his arrest.  Following are the amounts and penalties for possession of methamphetamine:

Less than 0.1 gram: 1 to 4 years in prison and a $10,000.00 fine;

0.1 gram, but less than 2 grams: 2 to 8 years in prison and a $50,000.00 fine;

2 grams, but less than 10 grams: 4 to 16 years, and a $250,000.00 fine;

10 grams, but less than 30 grams: 6 to 24 years in prison and a $500,000.00 fine;

30 grams or more: 10 to 30 years in prison, and a $1,000,000.00 fine.

Mississippi law carries severe penalties for possession of methamphetamine.  If you have been charged with possession of meth, please contact Jackson, Mississippi criminal defense lawyer Curt Crowley at 601.944.1984, for a free consultation.

Jackson, Mississippi Criminal Defense Lawyer Explains Charge of Possession of Controlled Substance and Why You Need a Lawyer

I get calls on a weekly basis from people who have been charged with possession of a controlled substance in Mississippi.  These calls include charges of possession of marijuana, possession of cocaine, possession of meth, and many other drugs.

In Mississippi, drug possession is made a crime under the Uniform Controlled Substances Law.  The law first breaks down various substances and places them on five (5) separate lists, or “schedules.”  Some of the more common drugs we see in drug possession cases are:

Possession of Marijuana: Schedule I

Possession of Methamphetamine: Schedule II

Possession of Ecstacy or MDMA: Schedule I

Possession of Cocaine: Schedule II

Possession of Codeine: Schedule II

Possession of Oxycodone: Schedule II

Possession of Xanax: Schedule IV

Possession of Hydrocodone: Schedule II

It is illegal to possess any controlled substance without a valid prescription.  If a person without a prescription is caught with a controlled substance in Mississippi, he will be charged with possession of a controlled substance.

Mississippi controlled substances law provides for harsh sentences if convicted for possession of a controlled substance.  The potential sentence depends on the type of drug, amount of the drug, and whether or not it was possessed with intent to sell or distribute.

If you are charged with possession of a controlled substance, you need an experienced Mississippi criminal defense lawyer to represent your interest.  Penalties under the controlled substances law can include life sentences.  You can’t afford not to have a tough, smart lawyer working to keep you out of prison.

If you need a criminal lawyer, call us at 601.944.1984 for a free consultation.  You can also visit our Jackson, Mississippi criminal defense website for more information.

Jackson, Mississippi Criminal Defense Lawyer Explains Misdemeanor Narcotics Offenses

Mississippi Criminal Defense Attorney Curt Crowley

It’s pretty much common knowledge that possession of less than one (1) ounce of marijuana is a misdemeanor. Other than that, most people assume that possession of any other controlled substances ( “hard” drugs) is a felony.  However, this is incorrect.

Under Miss. Code Ann. 41-29-139,  certain narcotics can be charged as either felonies or misdemeanors, so long as the defendant was in possession of one dosage unit (1 pill).

The most common drugs that fall into this category are prescription drugs such as Xanax or Hydrocodone, which are frequently abused for recreational purposes.

Even though the statute states that a misdemeanor charge is available only if the Defendant was in possession of no more than one pill, a person who is arrested for possessing several pills may still be charged with a misdemeanor.  This is accomplished by charging the Defendant with a separate case or count for each pill in his possession.

Example:  A person is arrested for illegally possessing six (6) Hydrocodone pills.  In order to be charged as a misdemeanor, the State would charge the Defendant with six (6) separate cases of possession of one (1) pill.  That way, each separate case will be a misdemeanor.

The police usually charge this type of crime as a felony.  It is up to the Defendant’s attorney to convince the prosecutor to “break up” the case into misdemeanor charges.

In my experience, most prosecutors are willing to reduce or amend these types of charges from felonies to misdemeanors.  This almost always results in either no jail time or a suspended sentence.

This agreement needs to be worked out immediately after the arrest, preferably at the Justice Court or Municipal Court level.  If the case is sent to the District Attorney’s office to be presented to the grand jury, the odds of reducing the charge to a misdemeanor are not good.

Because time is of the essence in these cases, it is very important that anyone charged with this type of crime seek an experienced Criminal Defense Attorney immediately after arrest.