Mississippi Code
Miss. Code Ann. § 41-29-147 (2026)
Second and subsequent offenses
✓ current as of July 2026
Except as otherwise provided in Section 41-29-142, any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this article or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant or hallucinogenic drugs.
Codes, 1942, § 6831-74; Laws, 1971, ch. 521, § 24; Laws, 1972, ch. 520, § 9; Laws, 1989, ch. 569, § 4, eff. 7/1/1989.
Notes of Decisions
Cited in 91
cases (11 in the last 5 years), 1977–2026 · leading case: Tate v. State, 912 So. 2d 919 (Miss. 2005).
Tate v. State, 912 So. 2d 919 (Miss. 2005). “Under Miss.Code Ann. § 41-29-147 and Miss.Code Ann.”
Rushing v. State, 911 So. 2d 526 (Miss. 2005). “The trial court denied Rushing's motion to sever counts, and also, over Rushing's objection, the trial court granted the State's *531 motion to amend the indictment to charge Rushing as a drug recidivist under Miss.Code Ann. § 41-29-147 (Rev.2001). ¶ 7.”
Reynolds v. State, 585 So. 2d 753 (Miss. 1991). “1990) and as a second subsequent offender under Miss. Code Ann. § 41-29-147 (Supp. 1990).”
Cannon v. State, 919 So. 2d 913 (Miss. 2005). “The trial court then doubled each sentence to sixty years' imprisonment in the custody of the Mississippi Department of Corrections pursuant to Miss.Code Ann. § 41-29-147 (Rev.2005). [2] ¶ 3.”
Roach v. State, 7 So. 3d 911 (Miss. 2009). “See Miss. Code Ann. § 41-29-147 (Rev.2005) and Miss.”
Williams v. State, 794 So. 2d 181 (Miss. 2001). “He maintains that the language of Miss. Code Ann. § 41-29-147 does not intend for a "doubling of the `double sentence' called for in § 142.”
State v. Oliver, 856 So. 2d 328 (Miss. 2003). “Subsequently on October 16, 2001, Oliver was indicted by the Warren County Grand Jury on the charge of possession of cocaine, enhanced as a subsequent drug offender under Miss.Code Ann. § 41-29-147 (Rev.2001). Oliver then filed a motion to dismiss the indictment or, in the…”
Larry Press Wells v. State of Mississippi, 160 So. 3d 1136 (Miss. 2015). “Section 41-29-147 says that “any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized_” Miss.Code Ann. § 41-29-147 (Rev. 2013) (emphasis added).”
Burns v. State, 344 So. 2d 1189 (Miss. 1977). “Burns contends that Miss. Code Ann. § 41-29-147 (Supp. 1976), which provides increased (graduated) punishment for a *1191 second or subsequent offense, is pertinent here.”
Jones v. State, 523 So. 2d 957 (Miss. 1988). “This sentence resulted from the trial judge's 1) doubling the sentence because Jones was a subsequent offender under Miss. Code Ann. § 41-29-147 (1972), and 2) providing that the sentence was to be without possibility of parole, since Jones was an habitual offender, as provided…”
Mosley v. State, 104 So. 3d 839 (Miss. 2012). “This is authorized by Section 41-29-147, which provides in pertinent part: “any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or…”
Weaver v. State, 713 So. 2d 860 (Miss. 1997). “§§ 99-19-81 through 87 (1994); Miss. Code Ann. § 41-29-147 (1993). Rule 11.”
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