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SB 2347 Methamphetamine and the Life of a Lie
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 his 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.
Please see attached an Op-Ed for your consideration concerning SB 2347. I am the author of the bill and after the passing of the bill in the Senate with 45 votes and no negative commentary from interested parties during the month it was on the calendar, passed in committee and sat on the floor calendar, many law enforcement members in your publication area voiced concern; primarily on social media.
I fielded calls/communications from law enforcement friends of mine and explained the reasoning and the process. While some still did not agree with the changes, each of them seemed more at ease after the conversation. Many of my senate colleagues also began to receive these communications, so I posted a video yesterday on Facebook and Twitter explaining the bill and those posts are exceeding 20,000 views as of this afternoon. This was more of an explanation of the reasons and function of the bill mechanically.
Daniel Sparks
