If you or a loved one is facing drug trafficking charges in Mississippi, it's crucial to understand what the law says. Mississippi Code Annotated § 41-29-139 covers a broad range of drug offenses, including what constitutes "trafficking."
Something important to know: states and the federal government have different definitions of what drug trafficking is, and what one state may call trafficking may be called possession with intent or transfer here in Mississippi. Drug law in Mississippi focuses on the amount of a controlled substance in a person's possession. Possession of large amounts will lead law enforcement to presume an intent to distribute, and if the amount is large enough the possession of it will often be charged as "trafficking" by prosecutors.
What Constitutes Trafficking in Mississippi?
Under § 41-29-139(f), possession of certain quantities of drugs can trigger what's known as a "weight-based enhancement." These enhancements are what can elevate just simple possession all the way to trafficking.
Here's a snapshot of the amounts of common drugs that can lead to trafficking charges:
Cocaine - more than 30 grams
Methamphetamine - more than 30 grams
Marijuana - more than 1 kilo
Oxycodone - more than 40 pills
Xanax - more than 40 pills
Once you cross those thresholds, the law presumes you had the intent to distribute or traffic, even if there’s no other evidence of sales.
What Are the Penalties for Drug Trafficking in Mississippi?
The penalties for trafficking are severe. If convicted under § 41-29-139(f), you could face:
- Prison time ranging from 10 to 40 years, and
- Fines up to $1,000,000.
And yes, these sentences often come without parole or probation, especially if you have prior convictions or the case involves aggravating factors like possession of a firearm.
If convicted of aggravated trafficking, which involves larger amounts of drugs, the penalties are even more severe: 25 years to life in prison. For example, possession of 200 grams or more of methamphetamine can lead to life in prison under the law.
Can You Fight a Trafficking Charge?
Absolutely. Each case is unique, and a skilled Mississippi criminal defense lawyer can examine:
- Whether the search and seizure that led to the arrest was legal
- Whether the person arrested knew about the drugs
- Whether the weight includes packaging or non-drug material
- Whether lab testing confirmed the substance and weight
The prosecution must prove each element beyond a reasonable doubt—and a knowledgeable defense attorney can hold them to that burden.
Don’t Face Trafficking Charges Alone
Drug trafficking is one of the most serious criminal charges under Mississippi law. A conviction can take away your freedom, your job, and your future.
If you or someone you care about is facing these charges, don’t wait. Contact Matt Eichelberger and the team at Eichelberger Law Firm. We’ll listen to your story, explain your options, and start building a defense that protects your rights.
Call us today at (601) 292-7940 to schedule a confidential consultation.