MS HB980

Creates a new section 41-29-3 in Mississippi Code allowing the State Health Officer to issue an order mirroring federal classification or declassification of controlled substances on the state schedule.

State Health Officer's order to declassify a controlled substance is effective for only two years from the date of the federal action and cannot be used for criminal prosecution purposes.

Provides an automatic defense to prosecution for any charge brought within two years of a federal declassification if the federally declassified controlled substance is the subject of the offense.

The automatic defense may be raised sua sponte by the court or by any party to the proceeding and shall bar prosecution of the charge.

Takes effect July 1, 2022.