Mississippi Code

Miss. Code Ann. § 41-29-142 (2026)

Enhanced penalties for sale, etc. of controlled substances in, on or within specified distances of schools, churches and certain other buildings

✓ current as of July 2026

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(1) Except as provided in subsection (f) of Section 41-29-139 or in subsection (2) of this section, any person who violates or conspires to violate Section 41-29-139(a)(1), Mississippi Code of 1972, by selling, bartering, transferring, manufacturing, distributing, dispensing or possessing with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance, in or on, or within one thousand five hundred (1,500) feet of, a building or outbuilding which is all or part of a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater or within one thousand (1,000) feet of, the real property comprising such public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater shall, upon conviction thereof, be punished by the term of imprisonment or a fine, or both, of that authorized by Section 41-29-139(b) and, in the discretion of the court, may be punished by a term of imprisonment or a fine, or both, of up to twice that authorized by Section 41-29-139(b).

(2) Except as otherwise provided in subsection (f) of Section 41-29-139, any person who violates or conspires to violate Section 41-29-139(a)(1), Mississippi Code of 1972, by selling, bartering, transferring, manufacturing, distributing, dispensing or possessing with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance, in or on, or within one thousand five hundred (1,500) feet of, a building or outbuilding which is all or part of a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater or within one thousand (1,000) feet of, the real property comprising such public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater after a prior conviction under subsection (1) of this section has become final, shall, upon conviction thereof, be punished by a term of imprisonment of not less than three (3) years and not more than life, and in the discretion of the court, may be punished by a term of imprisonment of up to three (3) times that authorized by Section 41-29-139(b), for a first offense, or a fine of up to three (3) times that authorized by Section 41-29-139(b), for a first offense, or both.

Laws, 1989, ch. 569, § 1; Laws, 1992, ch. 405, § 1; Laws, 1993, ch. 405, § 1, eff. 3/12/1993.

Notes of Decisions

Cited in 50 cases (2 in the last 5 years), 1992–2024 · leading case: Williams v. State, 794 So. 2d 181 (Miss. 2001).

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Williams v. State, 794 So. 2d 181 (Miss. 2001). · cites it 5× “Miss.Code Ann. § 41-29-142 specifically denotes measuring points for the *188 enhancement to be applicable, in relevant part: Any person who violates or conspires to violate Section 41-29-139(1) .”

Johnson v. State, 904 So. 2d 162 (Miss. 2005). · cites it 2× “See Miss.Code Ann. § 41-29-142. Though the State wanted Johnson to serve 120 years, the judge declined to impose all of the enhancements requested by the State.”

Walker Whatley v. Dushan Zatecky, 833 F.3d 762 (7th Cir. 2016). “15:538; Miss. Code § 41-29-142; S.D. Unified Laws § 22-42-19; Tex.”

Brown v. State, 995 So. 2d 698 (Miss. 2008). “Miss. Code Ann. § 41-29-142 (Rev.2005). Although this Court has held repeatedly that Apprendi does not require prosecutors to provide notice to capital defendants of the specific aggravating circumstances to be argued at trial, see, e.”

Davis v. State, 724 So. 2d 342 (Miss. 1998). · cites it 2× “For this she received the maximum sentence which she could receive under Miss.Code Ann. § 41-29-139(b)(1) (1993), which was enhanced, indeed doubled, under Miss.”

White v. State, 761 So. 2d 221 (Miss. Ct. App. 2000). · cites it 3× “Michael White was convicted in the Copiah County Circuit Court of one count of sale of cocaine in violation of Miss.Code Ann. § 41-29-142 (Rev.1993). Since White was also convicted of selling cocaine within 1,500 feet of a church in violation of Miss.”

Commonwealth v. Alvarez, 596 N.E.2d 325 (Mass. 1992). · cites it 2× “023 (1990); Miss. Code Ann. § 41-29-142 (1991 Supp.); N.”

Foster v. State, 928 So. 2d 873 (Miss. Ct. App. 2005). · cites it 3× “Miss.Code Ann. § 41-29-142 (Rev. 2001). Foster argues that the State offered no documentary evidence or testimony *882 from anyone with personal knowledge that the park was a public park.”

Long v. State, 33 So. 3d 1122 (Miss. 2010). · cites it 2× “See Miss.Code Ann. § 41-29-142 (Rev. 2009). Further, White specifically distinguished habitual-offender status under Sections 99-19-83 and 99-19-81 [1] from a case such as White's, where the trial court properly could exercise discretion.”

Jeffery Wansley v. MS Dep't of Corr., e, 769 F.3d 309 (5th Cir. 2014). “Miss.Code Ann. § 41-29-139(b) (1999). That maximum sentence could be doubled, in the discretion of the court, if the sale took place within 1,500 feet of a church.”

Tillis v. State, 43 So. 3d 1127 (Miss. 2010). · cites it 2× “See Miss. Code Ann. § 41-29-142 (Rev.2009) (providing enhanced penalties for controlled-substance crimes which occur within 1,500 feet of certain locales).”

White v. State, 742 So. 2d 1126 (Miss. 1999). “Appendix Trial court decisions affirmed on appeal by the Mississippi Supreme Court and the Court of Appeals in 1998 involving convictions for sale of cocaine and one or more of the four enhancement statutes, Miss.Code Ann. § 41-29-142 (1993) (discretionary enhancement); §…”

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— Miss. Code Ann. § 41-29-142(1) — 11 cases

Davis v. State, 724 So. 2d 342 (Miss. 1998). “For this she received the maximum sentence which she could receive under Miss.Code Ann. § 41-29-139(b)(1) (1993), which was enhanced, indeed doubled, under Miss.”

Foster v. State, 928 So. 2d 873 (Miss. Ct. App. 2005). “Miss.Code Ann. § 41-29-142 (Rev. 2001). Foster argues that the State offered no documentary evidence or testimony *882 from anyone with personal knowledge that the park was a public park.”

Ragin v. State, 724 So. 2d 901 (Miss. 1998).

White v. State, 761 So. 2d 221 (Miss. Ct. App. 2000). “Michael White was convicted in the Copiah County Circuit Court of one count of sale of cocaine in violation of Miss.Code Ann. § 41-29-142 (Rev.1993). Since White was also convicted of selling cocaine within 1,500 feet of a church in violation of Miss.”

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