Parental Substance Use as Child Abuse - Mississippi

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Citation: Ann. Code § 41-29-313 

It is unlawful for any person to knowingly or intentionally do the following: 

  • Purchase, possess, transfer, manufacture, attempt to manufacture, or distribute any two or more of the listed precursor chemicals or drugs in any amount with the intent to unlawfully manufacture a controlled substance
  • Purchase, possess, transfer, manufacture, attempt to manufacture, or distribute any two or more of the listed precursor chemicals or drugs in any amount, knowing, or under circumstances where one reasonably should know, that the listed precursor chemical or drug will be used to unlawfully manufacture a controlled substance

Any person who violates this subsection, upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed 8 years and shall be fined not less than $5,000 nor more than $50,000, or both.

Any person who violates the provisions of this section with children under age 18 present may be subject to a term of imprisonment, a fine, or both, of twice that provided in this section.

Citation: Ann. Code § 43-21-105(bb), (cc)

The term 'assessment' means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse, or co-occurring mental health and substance abuse disorders and recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, psychological, or psychiatric evaluation; records review; clinical interview; or the administration of a formal test and instrument.

The term 'screening' means a process, with or without the administration of a formal instrument, that is designed to identify a child who is at increased risk of having mental health, substance abuse, or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention, or more comprehensive assessment.

Citation: Ann. Code § 97-5-39(4)

A parent, legal guardian, or caregiver who endangers a child's person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing, or possessing immediate precursors or chemical substances with intent to manufacture, sell, or possess a controlled substance, as prohibited under § 41-29-139 or 41-29-313, is guilty of child endangerment and may be sentenced to imprisonment for no more than 10 years, to payment of a fine of no more than $10,000, or both.

If the endangerment results in substantial harm to the child's physical, mental, or emotional health, the person may be sentenced to imprisonment for no more than 20 years, to payment of a fine of no more than $20,000, or both.