Category Archives: Marijuana

Jackson, Mississippi criminal defense lawyer discusses issues relating to the possession, use and sale of marijuana under Mississippi law.

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 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 Possession of Marijuana in Mississippi

In Mississippi, as in most states, possession of marijuana is illegal, even if it’s less than an ounce.

Possession of marijuana is prohibited by the Mississippi Controlled Substance Law.  Under Mississippi Code Annotated Section 41-29-139, possession of less than an ounce of marijuana is a misdemeanor, and carries the following penalties:

First Offense:                                           $100.00 to $250.00 fine;

                                                                       No jail time.

Second Offense (within 2 years):    $250.00 fine;

                                                                        5 to 60 days in jail;

                                                                        Drug education classes.

Third Offense (within 2 years):         $250.00 to $500.00 fine;

                                                                         5 days to 6 months in jail.

These potential sentences may not seem very severe, especially for a first offense.  But if you get caught with that same amount of marijuana in a motor vehicle, then you have a problem.  The same section goes on to state:

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 marihuana 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….

In addition to these penalties, under another Mississippi Code section, a conviction for possession of marijuana in a motor vehicle will cause your driver’s license to be suspended for six (6) months.

The lesson here?  Don’t get caught with weed in your car.  While the penalties for simple possession of marijuana might sound like a joke, the penalties for having it in a car are nothing to laugh about.

If you’ve been arrested for possession of marijuana or any other controlled substance, please call me.

Mississippi Criminal Defense Attorney Curt Crowley