MS SB2839

Amends Section 41-29-139 to create enhanced penalties for transfer or possession with intent to transfer heroin or fentanyl, with sentences ranging from up to 12 years for less than 2 grams to 15-40 years for 10 or more grams, and fines up to $1,000,000.

Establishes new Section 97-3-28 making overdose deaths caused by unlawful distribution of Schedule I or II controlled substances manslaughter when the distributed substance is the proximate cause of death.

Heroin and fentanyl are separated from other Schedule I and II controlled substances and subjected to significantly harsher penalties than other drugs in the same schedules.

Allows courts discretionary sentence mitigation of no less than 25% of prescribed mandatory sentences for certain offenders who were not leaders, did not use violence, and did not cause death or serious injury.

Effective date: July 1, 2018.