MS SB2011

Creates the felony offense of chemical endangerment of a child when a person knowingly, recklessly, or intentionally causes or permits a child to be exposed to, ingest, inhale, or contact a controlled substance or precursor drug/chemical.

Establishes penalties of up to 5 years imprisonment if the child or fetus suffers serious physical injury, and up to 20 years imprisonment if exposure results in death.

Provides affirmative defenses for lawfully prescribed controlled substances administered according to prescription instructions, and exempts marijuana and synthetic cannabinoids from the offense.

Requires prosecutors to offer substance abuse treatment as an alternative to prosecution for mothers or pregnant women charged under this section, with record expungement upon successful treatment completion.

Takes effect July 1, 2021.