If you or someone you love has been arrested for a drug offense in Mississippi and it’s your first time, you’re likely facing one big, scary question: “Am I going to jail?”
The honest answer? It depends. The outcome of a first-time drug charge can vary based on several key factors—like what kind of drug was involved, how much of it was found, and whether you're eligible for special programs that can help you avoid a conviction altogether.
Here’s a breakdown of what you need to know if you’re facing a first-time drug charge in Mississippi:
1. What Kind of Drug Was It?
Mississippi classifies controlled substances into five “schedules,” ranked by how dangerous they are and how commonly they’re used for medical purposes. For example:
Schedule I drugs (like ecstasy, LSD, heroin) are considered the most serious and are typically charged as felonies—even for first-time possession of very small amounts.
Schedule V drugs (like low-dose cough syrups with codeine) are less tightly regulated.
For first-time marijuana possession of 30 grams or less, Mississippi law treats it as a misdemeanor, usually punishable by a fine only—with no jail time. That’s often a relief for many people arrested for personal use.
But even a tiny amount of substances like meth, cocaine, or ecstasy can lead to felony charges and much harsher consequences, including the possibility of prison.
2. How Much Were You Caught With?
The amount matters—a lot.
Simple possession means the drug was for personal use. These cases are more likely to qualify for leniency.
Possession with intent to distribute is a much more serious felony, often triggered by the amount of the drug or how it was packaged.
Trafficking is the most serious Mississippi drug felony, and depends solely on the amount of the drug. Aggravated trafficking offenses carry 25 years to life in the penitentiary.
You don’t have to be caught “dealing” to be charged with intent to distribute or trafficking. Even first-time offenders can face this charge if the amount indicates that the drug was not for personal use but to be sold instead.
3. Are You Eligible for Diversion or Non-Adjudication?
Mississippi law does offer second chances to certain first-time offenders. These options are designed to help people avoid a conviction if they meet specific conditions:
Non-Adjudication (Deferred Disposition): You plead guilty, but the court “withholds” adjudication. If you complete probation and meet all court-ordered requirements (like drug treatment or community service), the charge can be dismissed and eventually expunged. If you don't successfully complete the probation period, the judge can declare you guilty and sentence you.
Pretrial Intervention: You enter into an agreement with the District Attorney's office to essentially go through their own internal probation office. The length of time and the cost varies from district to district, but if you successfully complete the program then your charges will be dismissed and can be expunged, just like with non-adjudication. The difference here is that if you fail the program, you just go onto the court's active docket and are not automatically adjudicated by the judge.
Drug Court: If your case involves a more serious drug offense, Drug Court might be an option. It’s a treatment-focused program that emphasizes rehabilitation over punishment.
All three programs require a serious commitment, and not everyone qualifies. But for many first-time offenders, they can offer a path that avoids jail—and clears your record.
4. Were Your Rights Violated?
Sometimes, the strongest defense isn’t about the drug—it’s about how the evidence was collected. A skilled Mississippi criminal defense lawyer will look closely at:
Was there an illegal search of your home, car, or person?
Did the officer have probable cause to stop or arrest you?
Were other constitutional rights violated?
If your rights were violated, some or all of the evidence may be thrown out—and your case could even be dismissed.
5. So… Will You Go to Jail?
If you're charged with a first offense for simple possession of marijuana, no.
If you're charged with another drug misdemeanor like possession of paraphernalia or possession of marijuana in a motor vehicle, it depends. It is certainly possible.
But if you’re facing a felony drug charge—especially one involving meth, cocaine, or prescription pills—you are absolutely at risk of going to jail or even prison.
That said, many first-time offenders can and do avoid incarceration with the right legal strategy. This is where working with an experienced Mississippi criminal defense lawyer makes all the difference.
Protect Your Record. Protect Your Future.
At Eichelberger Law Firm, we help good people in tough situations. If you’ve been arrested for a drug crime in Mississippi, don’t wait. Call us today for a free consultation. We’ll walk you through your options, help you understand what’s at stake, and build a defense focused on protecting your freedom and your future.