MS SB2312

Creates new crime of "chemical endangerment of exposing a child" where a parent, legal guardian, or caretaker knowingly, recklessly, or intentionally causes or permits a child to be exposed to, ingest, inhale, or have contact with controlled substances, chemical substances, or paraphernalia, punishable by up to 10 years imprisonment or $10,000 fine.

Enhances penalties for chemical endangerment to 1-20 years imprisonment or up to $20,000 fine if the offense results in substantial harm to the child's physical, mental, or emotional health.

Increases penalties to 5-30 years imprisonment or up to $30,000 fine if the offense results in the child's death.

Exempts mothers from criminal liability under the chemical endangerment statute when exposing unborn children to prescription medications taken pursuant to lawful prescription or nonprescription FDA-approved medications taken as directed by a healthcare provider for maternal or fetal health benefits.

Enhances existing child endangerment offense to a felony when exposure to drug manufacturing or possession activities results in substantial harm to the child (1-20 years, up to $20,000 fine) or death (5-30 years, up to $30,000 fine); takes effect July 1, 2025.