MS SB2239

Establishes new penalty tiers for first and second simple possession offenses of controlled substances (other than small amounts of marijuana/synthetic cannabinoids), with first offense as misdemeanor punishable by up to 6 months imprisonment or $100 fine, and second offense as misdemeanor punishable by up to 1 year imprisonment or $200 fine.

Creates graduated penalties for third or subsequent simple possession convictions based on drug type and quantity, ranging from misdemeanor to felony charges with imprisonment up to 30 years and fines up to $1 million for largest quantities.

Delays application of enhanced repeat offender penalties under Section 41-29-147 until a fourth or subsequent simple possession conviction (changed from second or subsequent).

Maintains existing penalties for marijuana possession of 30 grams or less and synthetic cannabinoids of 10 grams or less, with enhanced penalties for third or subsequent convictions of larger amounts.

Effective date of July 1, 2021.