Drug Possession Laws in Mississippi

Possessing a Schedule I or II controlled substance (other than marijuana) is graded by amount: less than 0.1 gram (or less than 2 dosage units) is a misdemeanor punished by up to one year and/or up to $1,000; 0.1 gram to less than 2 grams, up to three years and/or $50,000; 2 grams to less than 10 grams, up to eight years and/or $250,000; 10 grams to less than 30 grams, three to 20 years and/or $500,000 (§ 41-29-139(c)(1)). Possessing drug paraphernalia with intent to use it is a misdemeanor, up to six months in county jail and/or up to $500 (§ 41-29-139(d)(1)). A person with no prior drug conviction who is found guilty of possession may, with the person's consent and at the court's discretion, be placed on probation without a judgment of guilt and have the case dismissed after completing it; this can be used only once (§ 41-29-150(d)).

Mississippi's rule on court-appointed lawyers: An 'indigent' defendant is 'a person who is financially unable to employ counsel' (Rule 7.3(a)). A defendant who wants to proceed as indigent may complete an affidavit on the defendant's financial resources on a court-approved form, or be examined under oath by the judge (Rule 7.3(b)). In counties or municipalities that have a public defender, the public defender represents defendants entitled to appointed counsel; otherwise a private attorney is appointed (Rule 7.3(e)-(f)). Each circuit establishes local procedures for appointing counsel (Rule 7.2). Miss. R. Crim. P. 7.2, 7.3

Lawyers set their own fees, and Mississippi has rules on how they may charge. See hiring a criminal defense lawyer in Mississippi for fee rules, how to check a lawyer's license and free help.

How release before trial works in Mississippi: Under the Mississippi Rules of Criminal Procedure, a defendant charged with an offense bailable as a matter of right 'shall be released' on personal recognizance or an appearance bond unless the court finds release will not reasonably assure appearance or the defendant poses a real and present danger to others or the public; if so, the court shall impose the least onerous conditions that will reasonably assure appearance or minimize the risk (Rule 8.2(a)). The court considers listed factors, including age, family ties, criminal record, violence in the alleged offense, the nature of the offense and likely sentence, weapon used, threats against victims or witnesses, residence, employment and financial condition (Rule 8.2(a)(1)-(15)). Rule 8.2(c) sets bond guidelines courts may go above or below, e.g., capital felony $25,000 to no bail allowed; non-capital felonies punishable by up to 10 years $5,000 to $50,000; misdemeanors punishable by up to 6 months $250 to $1,000. A person arrested must be taken before a judge for an initial appearance without unnecessary delay and no later than forty-eight (48) hours after arrest (Rule 5.1). Miss. R. Crim. P. 5.1, 8.2 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Mississippi expungement and record sealing rules.