HB 528 Mississippi House · 2026 Regular Session

Fentanyl; increase penalties for possession of.

HB 528 increases penalties for possessing fentanyl and fentanyl-related substances in Mississippi. It modifies Section 41-29-139 to impose harsher sentences, such as 3-20 years in prison (up from prior limits) for possessing 2+ grams or 10+ dosage units, and 5-30 years for 10-30 grams. The bill directly affects individuals caught with fentanyl, raising fines to $250,000 for moderate amounts and $500,000 for larger quantities. These changes apply specifically to fentanyl, not other controlled substances, and aim to strengthen criminal penalties for this opioid. The bill does not alter possession laws for marijuana, synthetic cannabinoids, or other drugs listed in the code.

Issues: ✗ Criminal Justice

Bill status died 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 12, 2026 Last action Feb 12, 2026

Maddy AI version diff · 1 comparison

What changed between versions

As Introduced → Current version · 6 edits

MODERATE

This bill amends Mississippi's drug possession laws to increase penalties for fentanyl and related substances while maintaining existing penalties for other controlled substances. The changes primarily affect sentencing guidelines, with fentanyl-related offenses now carrying significantly harsher mandatory minimum sentences and higher maximum fines compared to the original version. The bill also reorganizes the statutory language for clarity and consistency across different drug schedules.

Scope change

The bill's scope remains focused on drug possession and trafficking penalties, but the specific penalties for fentanyl and fentanyl-related substances have been substantially increased. The applicability to other drug categories (marijuana, synthetic cannabinoids, and other controlled substances) remains unchanged.

ENFORCEMENT

Fentanyl and fentanyl-related substance penalties were increased from up to 40 years imprisonment and $1 million fine to up to 30 years imprisonment and $500,000 fine for possession with intent to transfer, with mandatory minimum sentences of 3 years for amounts between 2-10 grams.

Penalties for Schedule I and II controlled substances (other than marijuana and synthetic cannabinoids) were increased from 8 years maximum to 20 years maximum for possession with intent to transfer, with mandatory minimums of 3 years for amounts between 2-10 grams.

Penalties for Schedule III and IV controlled substances were increased from 15 years maximum to 20 years maximum for possession with intent to transfer, with mandatory minimums of 3 years for amounts between 10-30 grams.

Penalties for Schedule V controlled substances were increased from 15 years maximum to 20 years maximum for possession with intent to transfer, with mandatory minimums of 3 years for amounts between 10-30 grams.

The original version included separate, less severe penalty tiers for simple possession of fentanyl that were removed in favor of the stricter 'possession with intent to transfer' framework.

TECHNICAL

The bill was renumbered from 'As Introduced' to 'Committee Substitute' version, indicating it has been amended during the legislative process. The formatting was standardized with line numbers and official page markings added.

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Full legislative history

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Key actions

Committee

Feb 3, 2026

Lower · Passed

Title Suff Do Pass Comm Sub

lower

Jan 12, 2026

Committee

Referred To Judiciary B

lower

1 primary · 1 co-sponsor