Criminal Defense Law Firm
Mississippi Drug Crime Defense Lawyers
Experienced. Strategic. Aggressive.
If you’ve been arrested for drug possession, distribution, or trafficking in Mississippi, you could be facing serious prison time, heavy fines, and a permanent criminal record. Whether it’s your first charge or a felony-level offense, you need experienced legal representation immediately.
At McCormick Lawrence, PLLC, we defend clients across the Mississippi Gulf Coast against drug charges ranging from misdemeanor possession to major trafficking cases. We understand how drug laws work—and how to beat them.
Types of Drug Charges in Mississippi
How Drug Crimes Are Classified
Mississippi classifies controlled substances into five “Schedules” based on the drug’s medical use and potential for abuse. The punishment for each drug charge depends on both the type of drug and the amount (by weight or dosage unit).
Marijuana (Cannabis)
- Marijuana has its own subsection of the Mississippi Controlled Substances statute that sets out its limits and punishments
- Marijuana has been decriminalized up to a certain weight in Mississippi. If you are charged with simple possession of under 30 grams of Marijuana, there is no potential jail time in the statute. However, if you possess over 30 grams the penalties can range from 3 to 30 years, and enhancements can cause the penalties to increase even beyond that.
Synthetic Cannabinoids (e.g., Spice)
- The most common synthetic cannabinoid is Spice.
- Simple possession of a less than 10 grams of a Synthetic Cannabinoid is a misdemeanor that does not carry jail.
- Larger amounts or distribution lead to felony charges.
Schedule I – Most Dangerous (No Medical Use)
- These are drugs with no currently accepted medical use and a high potential for abuse.
- Examples: Heroin, LSD, MDMA, Ecstasy, and Peyote.
- Felony charges and severe prison terms apply.
Schedule II – High Abuse Risk (Some Medical Use)
- Are drugs that have some currently accepted medicinal application but are considered dangerous due to their high potential for abuse, often leading to severe psychological or physical dependence.
- Examples: (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.
- Schedule I and Schedule II drugs are punished in the same manner.
Schedule III
- Drugs with a moderate to low potential for physical and psychological dependence.
- Examples: ketamine, anabolic steroids, Tylenol with codeine.
Schedule IV
- Schedule IV drugs are those with a low potential for abuse, low risk of dependence and have many medical uses.
- Examples: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Ambien, Tramadol
Schedule V
- Schedule V drugs are those with the lowest potential for abuse among the other Scheduled categories. These drugs contain small or limited amounts of certain narcotics.
- Examples: cough medicine with small amounts codeine, Lyrica, Lomotil, and Robitussin AC.
Punished Based on Weight or Dosage Unit
- In Mississippi the punishments depend on both the type of substance and the amount of that substance. Amounts are determined by either direct measurement of the weight of the substance or the number of Dosage Units found.
- A Dosage unit is defined as a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. In the case of lysergic acid diethylamide (LSD) the term, “dosage unit” means a stamp, square, dot, microdot, tablet or capsule of a controlled substance.
- For any controlled substance that does not fall within the definition of the term “dosage unit,” the penalties shall be based upon the weight of the controlled substance.
- The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance.
- If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment.
Transfers and Possession With Intent to Transfer
- It is illegal in Mississippi to sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance or a counterfeit substance, or to create a counterfeit substance.
- These cases are more serious than Simple Possession cases as they carry more severe punishments and jail time.
- Further if you violate this section within a certain distance to a school or church, or by selling to someone who is under 21 years old, you could face twice the normal penalty.
Common Drug Charges We Defend
Simple Possession
What it is:
Simple Possession applies where someone is in possession of an illegal substance and there is no evidence of any intent to sell or distribute that substance.
Examples we see:
- A traffic stop where a small amount of marijuana or pills is found in the car.
- A person found with a few pills outside of a prescription bottle.
- A dorm or apartment search revealing drugs in a shared space.
Penalties vary based on the type of drug, the amount, and whether it’s your first offense. Even misdemeanor charges can have long-term consequences on your record and future job or school opportunities.
Our approach:
We often challenge the legality of the stop or search, seek dismissal or non-adjudication for first-time offenders, and explore treatment-based options to resolve cases favorably.
Drug Trafficking
What it is:
Trafficking involves the possession or transportation of a large quantity of a controlled substance. You don’t have to be caught in the act of selling to be charged with trafficking.
Why it’s serious:
- Mandatory minimum of 10 years in prison
- No eligibility for parole
- Maximum penalties can reach 40 years or more, especially with enhancements (e.g., firearm, school zone)
Our approach:
We scrutinize search warrants, stop procedures, and lab testing protocols. We look for every legal or constitutional flaw that could result in suppression of evidence or dismissal.
Possession With Intent / Distribution
What it is:
This charge applies when law enforcement believes you intended to sell, share, or distribute drugs—even if no actual sale occurred.
How prosecutors build the case:
- Larger quantities of drugs
- Scales, baggies, or other packaging materials
- Large amounts of cash
- Text messages or statements indicating intent to sell
Why it matters:
Possession with intent is a felony that carries harsher sentencing guidelines than simple possession and often includes mandatory minimums.
Our approach:
We analyze every detail to dispute “intent.” Sometimes the only difference between a misdemeanor and a felony is how the evidence is framed. Our goal is to push for reduced charges, dismissal, or a favorable plea if appropriate.
Enhancements
In Mississippi, a drug charge may be enhanced for a variety of reasons. This typically causes the potential punishment to be doubled.
- Distributions to Person under 21 (41-29-145)
- Violations of subsection (a) and (b) of 41-29-139, aka the sale or transfer of a controlled substance to someone who is under 21 years of age can result in twice the maximum term of imprisonment and fine to be doubled.
- School/church enhancement (41-29-142)
- If you sell or attempt to sell or distribute controlled substances within 1500 feet of a school or other similarly listed building or within 1000 feet of a church you could be subject to punishment twice that previously provided.
- Firearm (41-29-152)
- Provides that if you are in possession of a firearm at the time of any offense violating the controlled substance act or at the time of your arrest, you can be subject to twice the prison sentence and fine.
- A firearm is defined as any weapon, including a starter gun which will or is designed to or may be readily made available to compel a projectile by action of an explosive.
- Subsequent offenses (41-29-147)
- This enhancement doubles the potential prison time and fine amount for anyone who has previously been convicted for a violation of the controlled substances laws in this state or similar laws throughout the United States.
- This is why it is important to consult with a lawyer even if you are only charged with a misdemeanor possession charge. That charge may be used to enhance any future penalties if you are found guilty of it.
Why You Need a Drug Crimes Lawyer Immediately
Even if you’re only charged with a misdemeanor, it can be used to enhance future penalties. You need a defense attorney who understands how prosecutors build these cases—and how to fight back.
At McCormick Lawrence, we:
- Challenge illegal searches and seizures
- Push to suppress flawed lab results
- Negotiate reduced charges or dismissal
- Build strong defenses for trial if needed
Talk to a Mississippi Drug Crimes Attorney Today
Don’t face your drug charges alone. We’re here to protect your rights and fight for your freedom.
Call now for a free consultation at one of our offices in Pascagoula, Biloxi, or Lucedale.