Cynthia A. Stewart, P.A.
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Cynthia A. Stewart, P.A.

Mississippi Trial Lawyer

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An Experienced Focus On Your Legal Needs

First-time drug offender cases in Mississippi

On Behalf of | Oct 9, 2024 | Criminal Defense

Drug laws are strict, but first-time offenders can potentially benefit from more lenient treatment than repeat offenders. Yet, being charged with a drug crime for the first time can be overwhelming, and the penalties can vary from probation to jail time, depending on the offense.

While many drug crimes in the state are felonies, first-time offenders, particularly those caught with smaller amounts of less dangerous substances, may qualify for alternative sentencing options that allow them to avoid jail time under certain conditions.

What happens to first-time drug offenders in Mississippi?

First-time drug offenders can benefit from the state’s diversion programs or conditional discharge. According to Mississippi Code § 41-29-139(c), individuals charged with possessing a controlled substance for the first time may be eligible for non-adjudication.

This program allows defendants to avoid a formal conviction by completing specific conditions like drug education courses, probation or rehabilitation programs. Once completed, the charges can be dismissed, allowing offenders to avoid a criminal record.

Additionally, Mississippi courts consider factors such as the amount of the drug and its schedule when determining penalties. First-time offenders with small amounts of lower-schedule drugs may likely receive probation or fines rather than incarceration.

For example, possessing less than 30 grams of marijuana can be treated as a misdemeanor with a fine. On the other hand, higher-schedule drugs like methamphetamine or cocaine may still result in felony charges, even for first-time offenders.

While drug crimes are serious, the state recognizes the potential for rehabilitation over incarceration, especially for non-violent, low-level offenses. Those charged for the first time should explore their options under the law to minimize the impact on their future.

Understanding the benefits of non-adjudication or alternative sentencing can significantly alter the outcome of a first-time drug offense case. However, handling these legal options can be complex. Therefore, working with a legal practitioner is critical to help ensure a favorable outcome. A legal professional can explore diversion programs and negotiate with the court to reduce the charges or penalties at issue.