MS SB2397

State Health Officer must issue an administrative order mirroring any federal classification or declassification of a controlled substance on the federal schedule.

The State Health Officer's order is effective for only two years from the date of the federal action and cannot be used for any criminal purpose.

Any charge brought under controlled substance laws within two years of a federal declassification automatically provides a defense to prosecution if the federally declassified substance is the subject of the offense.

The automatic defense must be raised by the court sua sponte or by any party and bars prosecution of the charge.

Effective date is July 1, 2022 (note: bill contains contradictory language stating it "shall stand repealed on June 30, 2022").