MS HB816

Separates fentanyl and fentanyl-related substances (including fentanyl analogs) from other Schedule I and II controlled substances for sentencing purposes under Mississippi Code Section 41-29-139(c).

Increases penalties for simple possession of fentanyl: less than 0.1 gram or 2 dosage units is a misdemeanor punishable by up to 2 years imprisonment or $2,000 fine (versus 1 year/$1,000 for other Schedule I/II drugs).

For larger fentanyl quantities, increases maximum sentences to 6 years (versus 3 years), 16 years (versus 8 years), and 40 years (versus 20 years) at progressively higher thresholds.

Establishes maximum fines of $100,000, $500,000, and $1,000,000 for possession of fentanyl at successively higher quantity levels.

Takes effect July 1, 2023.