Bill Text: MS SB2397 | 2022 | Regular Session | Engrossed

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Bill Title: Controlled substances; authorize automatic defense for charges brought within two years of a federal declassification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2022-03-01 - Died In Committee [SB2397 Detail]

Download: Mississippi-2022-SB2397-Engrossed.html

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MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary, Division B

By: Senator(s) Bryan

Senate Bill 2397

(As Passed the Senate)

AN ACT TO CREATE A NEW SECTION WITHIN TITLE 41, CHAPTER 29, ARTICLE 3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE HEALTH OFFICER TO ISSUE AN ADMINISTRATIVE ORDER TO MIRROR A FEDERAL ACTION TO CLASSIFY OR DECLASSIFY A CONTROLLED SUBSTANCE; TO PROVIDE CERTAIN LIMITATIONS ON THE ORDER; TO PROVIDE AN AUTOMATIC DEFENSE TO PROSECUTION FOR ANY CHARGE THAT IS BROUGHT WITHIN TWO YEARS OF A FEDERAL DECLASSIFICATION OF A CONTROLLED SUBSTANCE THAT IS THE SUBJECT OF THE OFFENSE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as a separate section within Title 41, Chapter 29, Article 3, Mississippi Code of 1972:

     41-29-   .  (1)  (a)  In the event of a classification or declassification of a controlled substance on the federal schedule of controlled substances, the State Health Officer shall issue an order under this section that mirrors the federal action.

          (b)  The order issued under subsection (1)(a) of this section:

               (i)  Shall be effective to classify or declassify the controlled substance on the state schedules only for a period of two (2) years from the date of the federal action.

               (ii)  Shall not be effective to classify or declassify the controlled substance on the state schedules for any criminal purpose.

     (2)  (a)  If a charge is brought under this article within two (2) years from the date of a declassification of a controlled substance on the federal schedule of controlled substances and that federally declassified controlled substance is the subject of the offense, there shall be an automatic defense to prosecution.

          (b)  The defense shall be raised sua sponte by the court or by any party to the proceeding and shall bar the prosecution of the charge.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.