Trying to solve problems is a large part of the job of being the Mississippi Legislature. Sometimes we overthink it and the product we produce isn’t what is needed or at least reasonable people can disagree if the choice is the best path forward.
I serve as a public defender in Tishomingo County and witness the absolute devastation the scourge of methamphetamine inflicts on our communities, families, schools, and public safety. No one uses methamphetamine socially or occasionally; any belief otherwise is a lie. I have listened to the meth lies from hundreds of clients who are addicted and hopeless, but they will hold on to the lie.
The truth is if you use meth, you will eventually lose everything. You will steal from anyone, including your families and friends and you will ultimately ravage your body and brain to the point of death or a zombie-like existence. Your life will be lonely and bleak; but lie of meth will still be with you.
Arrests for small felony amounts of meth legally require a crime lab report which can take over a year to secure before a presentation to the grand jury for indictment, stretching the limited resources of the law enforcement agency, crime lab, and district attorney’s office. While the meth user awaits their day in court, the lie of meth is still with them and they continue to use, steal, and live in a manner that no one can envision for themselves. This life most likely includes additional arrests for possession or property crimes as the lie of meth continues its domination of a once reasonable citizen.
After witnessing this routine repeat itself for years and following numerous conversations with judges, law enforcement, prosecutors, and recovery specialists, I dropped a bill in 2020 to try something different. We did not pass the bill that year, but I continued these conversations and this year I dropped SB 2347.
This bill was publicly available for many days, assigned to the Judiciary B Committee, taken up for discussion in committee, and passed to be considered on the floor. Two weeks later, the bill was taken up on the floor and passed with 45 votes. Up to this point, I had not heard a single objection from anyone on the merits of the bill and what we were trying to accomplish.
For those who might have actually read the bill, they would see it addresses the smallest amount of methamphetamine possession (.1 to 2 grams) a felony that currently carries a maximum three-year sentence. The bill we passed INCREASED the felony penalty for possession of over 1 gram to 2 grams to a five-year sentence and DECREASED the felony to a misdemeanor for amounts from .1 gram to 1 gram.
The purpose of the legislation is to get the meth user and their life of lies in front of a judge FASTER than the current two-year pace. Our justice and municipal courts meet at least monthly and do not require an indictment to proceed.
A first-time offender is subject to a fine, 30 days in jail, and is required to have an assessment to combat the meth use and lies. A second offense within 5 years subjects the offender to no less than 5 days and up to 6 months in jail and requires a minimum of 30 days of treatment. A third offense in 5 years would be a felony and subject to the 5-year maximum sentence. This approach is untested and may not be the best way to proceed, therefore we put a three-year repealer in the bill so the law will go back to what it is today if these changes do not help improve the outcomes.
A couple of days ago, for the first time, members of the law enforcement community began to comment on the bill and how stupid it is. I’ll take responsibility for the bill and if it is stupid; I own it, not my colleagues. They put faith in me that I am trying to do what is best for the State of Mississippi in this bill.
I respect my friends in law enforcement and my voting record reflects my commitment to combating illegal drugs and supporting public safety. Each year, I draft and carry bills at the request of law enforcement, including this year’s SB 2314 that removes the intoxicating Hemp products currently available to children directly from our convenience stores’ shelves.
The future of SB 2347 may be one of defeat and if so, that is the will of the legislature and their respective constituency. The intent of the legislation is faster delivery to the court of a defendant for judgment, assessment, and potential treatment to try and break the cycle of methamphetamine addiction and re-arrest. If there are better ideas, I am willing to listen, bring them forward. Doing nothing is letting the lie of methamphetamine continue to live and that is not an option I am willing to accept.
The views expressed by contributors are their own and not the views of SuperTalk Mississippi Media.
