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(a) Except as authorized by this article, it is unlawful for any person knowingly or intentionally:

(1) To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or

(2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance.

(b) Except as otherwise provided in subsections (f) and (g) of this section or in Section 41-29-142, any person who violates subsection (a) of this section shall be sentenced as follows:

(1) In the case of controlled substances classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, except thirty (30) grams or less of marihuana or synthetic cannabinoids, and except a first offender as defined in Section 41-29-149(e) who violates subsection (a) of this section with respect to less than one (1) kilogram but more than thirty (30) grams of marihuana or synthetic cannabinoids, such person may, upon conviction, be imprisoned for not more than thirty (30) years and shall be fined not less than Five Thousand Dollars ($ 5,000.00) nor more than One Million Dollars ($ 1,000,000.00), or both;

(2) In the case of a first offender who violates subsection (a) of this section with an amount less than one (1) kilogram but more than thirty (30) grams of marihuana or synthetic cannabinoids as classified in Schedule I, as set out in Section 41-29-113, such person is guilty of a felony and, upon conviction, may be imprisoned for not more than twenty (20) years or fined not more than Thirty Thousand Dollars ($ 30,000.00), or both;

(3) In the case of thirty (30) grams or less of marihuana or synthetic cannabinoids, such person may, upon conviction, be imprisoned for not more than three (3) years or fined not more than Three Thousand Dollars ($ 3,000.00), or both;

(4) In the case of controlled substances classified in Schedules III and IV, as set out in Sections 41-29-117 and 41-29-119, such person may, upon conviction, be imprisoned for not more than twenty (20) years and shall be fined not less than One Thousand Dollars ($ 1,000.00) nor more than Two Hundred Fifty Thousand Dollars ($ 250,000.00), or both; and

(5) In the case of controlled substances classified in Schedule V, as set out in Section 41-29-121, such person may, upon conviction, be imprisoned for not more than ten (10) years and shall be fined not less than One Thousand Dollars ($ 1,000.00) nor more than Fifty Thousand Dollars ($ 50,000.00), or both.

(c) It is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article. The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marihuana or synthetic cannabinoids, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate:

'Dosage unit (d.u.)' means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. In the case of lysergic acid diethylamide (LSD) the term, 'dosage unit' means a stamp, square, dot, microdot, tablet or capsule of a controlled substance.

For any controlled substance that does not fall within the definition of the term 'dosage unit,' the penalties shall be based upon the weight of the controlled substance.

The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance.

If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment.

Any person who violates this subsection with respect to:

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(1) A controlled substance classified in Schedule I or II, except marihuana or synthetic cannabinoids, in the following amounts shall be charged and sentenced as follows:

(A) Less than one-tenth (0.1) gram or one (1) dosage unit or less may be charged as a misdemeanor or felony. If charged by indictment as a felony: by imprisonment not less than one (1) nor more than four (4) years and a fine not more than Ten Thousand Dollars ($ 10,000.00). If charged as a misdemeanor: by imprisonment for up to one (1) year and a fine not more than One Thousand Dollars ($ 1,000.00).

(B) One-tenth (0.1) gram but less than two (2) grams or two (2) dosage units but less than ten (10) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($ 50,000.00).

(C) Two (2) grams but less than ten (10) grams or ten (10) dosage units but less than twenty (20) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00).

(D) Ten (10) grams but less than thirty (30) grams or twenty (20) dosage units but not more than forty (40) dosage units, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00).

(E) Thirty (30) grams or more or forty (40) dosage units or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($ 1,000,000.00).

(2) Marihuana or synthetic cannabinoids in the following amounts shall be charged and sentenced as follows:

(A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($ 100.00) nor more than Two Hundred Fifty Dollars ($ 250.00). The provisions of this paragraph shall be enforceable by summons, provided the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons. A second conviction under this section within two (2) years shall be punished by a fine of Two Hundred Fifty Dollars ($ 250.00) and not less than five (5) days nor more than sixty (60) days in the county jail and mandatory participation in a drug education program, approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that such drug education program is inappropriate. A third or subsequent conviction under this section within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($ 250.00) nor more than Five Hundred Dollars ($ 500.00) and confinement for not less than five (5) days nor more than six (6) months in the county jail. Upon a first or second conviction under this section, the courts shall forward a report of such conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this section and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;

(B) Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marihuana or synthetic cannabinoids is guilty of a misdemeanor and upon conviction may be fined not more than One Thousand Dollars ($ 1,000.00) and confined for not more than ninety (90) days in the county jail. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers;

(C) More than thirty (30) grams but less than two hundred fifty (250) grams may be fined not more than One Thousand Dollars ($ 1,000.00), or confined in the county jail for not more than one (1) year, or both; or fined not more than Three Thousand Dollars ($ 3,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or both;

(D) Two hundred fifty (250) grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years and by a fine of not more than Fifty Thousand Dollars ($ 50,000.00);

(E) Five hundred (500) grams but less than one (1) kilogram, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of less than Two Hundred Fifty Thousand Dollars ($ 250,000.00);

(F) One (1) kilogram but less than five (5) kilograms, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00);

(G) Five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($ 1,000,000.00).

(3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:

(A) Less than fifty (50) grams or less than one hundred (100) dosage units is a misdemeanor and punishable by not more than one (1) year and a fine of not more than One Thousand Dollars ($ 1,000.00).

(B) Fifty (50) grams but less than one hundred fifty (150) grams or one hundred (100) dosage units but less than five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years and a fine of not more than Ten Thousand Dollars ($ 10,000.00).

(C) One hundred fifty (150) grams but less than three hundred (300) grams or five hundred (500) dosage units but less than one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($ 50,000.00).

(D) Three hundred (300) grams but less than five hundred (500) grams or one thousand (1,000) dosage units but less than two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00).

(E) Five hundred (500) grams or more or two thousand five hundred (2,500) dosage units or more, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($ 500,000.00).

(d) (1) It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($ 500.00), or both; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of one (1) ounce or less of marihuana or synthetic cannabinoids under subsection (c)(2)(A) of this section.

(2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($ 500.00), or both.

(3) Any person eighteen (18) years of age or over who violates subsection (d) (2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($ 1,000.00), or both.

(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($ 500.00), or both.

(e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss. Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($ 1,000.00), or both.

(f) Except as otherwise authorized in this article, any person twenty-one (21) years of age or older who knowingly sells, barters, transfers, manufactures, distributes or dispenses during any twelve (12) consecutive month period: (i) ten (10) pounds or more of marihuana or synthetic cannabinoids; (ii) two (2) ounces or more of heroin; (iii) two (2) or more ounces of cocaine or of any mixture containing cocaine as described in Section 41-29-105(s), Mississippi Code of 1972; (iv) two (2) or more ounces of methamphetamine; or (v) one hundred (100) or more dosage units of morphine, Demerol, Dilaudid, oxycodone hydrochloride or a derivative thereof, or 3,4-methylenedioxymethamphetamine (MDMA) shall be guilty of a felony and, upon conviction thereof, shall be sentenced to life imprisonment and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding. The provisions of this subsection shall not apply to any person who furnishes information and assistance to the bureau or its designee which, in the opinion of the trial judge objectively should or would have aided in the arrest or prosecution of others who violate this subsection. The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished.

(g) (1) Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of thirty (30) years and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding and shall be fined not less than Five Thousand Dollars ($ 5,000.00) nor more than One Million Dollars ($ 1,000,000.00).

(2) 'Trafficking in controlled substances' as used herein means to engage in three (3) or more component offenses within any twelve (12) consecutive month period where at least two (2) of the component offenses occurred in different counties. A component offense is any act which would constitute a violation of subsection (a) of this section. Prior convictions shall not be used as component offenses to establish the charge of trafficking in controlled substances.

(3) The charge of trafficking in controlled substances shall be set forth in one (1) count of an indictment with each of the component offenses alleged therein and it may be charged and tried in any county where a component offense occurred. An indictment for trafficking in controlled substances may also be returned by the State Grand Jury of Mississippi provided at least two (2) of the component offenses occurred in different circuit court districts.

Christopher Albert Herren (born September 27, 1975) is an American former professional basketball player and motivational speaker. He played in the NBA and several leagues overseas.

Basketball career[edit]

High school[edit]

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Herren attended B.M.C. Durfee High School in Fall River, Massachusetts, from 1990 to 1994. His family's history at Durfee includes his father, grandfather, older brother, and three uncles who played basketball. Herren finished his career at Durfee High with a total of 2,073 points, the most points ever scored by an individual at the school to this day.^{[citation needed]} Herren turned down offers from The University of Kentucky and Duke University to play at Boston College.^[1] In his senior year, Herren was named the Boston Globe and Gatorade Player of the year. He also was named to the McDonald's All-America Team.^[2] Herren was the central figure in a book about Durfee High basketball entitled Fall River Dreams.^[3]

College career[edit]

Boston College, 1994[edit]

Entering Boston College, Herren was featured in multiple magazines such as Rolling Stone and Sports Illustrated, hyping his possible success.^[4] Before playing, Herren failed a drug test for marijuana and cocaine use.^[2] On November 25, 1994, in his first game for Boston College, Herren scored 14 points in 21 minutes of playing time,^[5] but broke his wrist and was ruled out for the entire 1994–1995 season. Within three months of his injury, Herren failed two more drug tests for marijuana and cocaine use, and was subsequently expelled from the team and the university.^[4]

Fresno State, 1995–1999[edit]

After being kicked out of Boston College, Herren transferred to Fresno State to play basketball under coach Jerry Tarkanian. After sitting out a year, per NCAA transfer rules, Herren made his debut, as a sophomore, on December 10, 1996, for the Bulldogs.^[4] During his sophomore year, Herren averaged 31 points per game over his last four games and finished the season averaging 17.5 ppg. On November 25, 1997, Herren was found to have failed another drug test. After going to a rehabilitation center for 28 days, Herren returned to the team on January 10, 1998.^[1] During his senior season, Herren scored 29 points in the second round of the Great Alaska Shootout against No. 1 ranked Duke. Fresno lost the game, 93–82, which was nationally televised. Herren went on to play in 86 games at Fresno State where he averaged 15.1 points and 5.1 assists per game.^[5]

Professional career, 1999–2006[edit]

After his senior year at Fresno State, Herren entered the NBA draft and was selected by the Denver Nuggets in the second round with the 33rd overall pick.^[5]The following year as a member of the Boston Celtics, Herren received his first time as a regular starter. After starting 2–3, coach Rick Pitino inserted him into the starting lineup. He started seven games in a row, resulting in a 4–3 record while playing 29 minutes per night.Herren ended up playing 70 games from 1999 to 2001 as a member of the Nuggets and Celtics. Overall, he averaged 3.2 points and 2.4 assists per game for his NBA career.^[5] After being released by the Celtics, Herren went to play professionally for teams in Italy, Poland, Turkey, China, Germany and Iran.^[4] Herren once scored 63 points in a CBA game for the Beijing Ducks.^{[citation needed]}

NBA season statistics

Drug use[edit]

Herren struggled with substance use for much of his career.^[1] While playing for the Boston Celtics, Herren started to use painkillers such as OxyContin, Vicodin, and Percocet.^[4] In December 2007, Herren was charged with possession of heroin in the parking lot of a Dunkin' Donuts in Portsmouth, Rhode Island.^[7] In June 2008 in Fall River, Massachusetts, Herren overdosed on heroin and crashed into a utility pole. According to paramedics, he had been dead for thirty seconds.^[8]

Recovery[edit]

After completing intensive rehabilitation programs, Herren has been alcohol and drug-free since August 1, 2008.^[9] In June 2009, Herren launched Hoop Dreams with Chris Herren, a basketball player development company to mentor players on and off the court.^[10] Herren has written a book with Providence Journal columnist Bill Reynolds entitled Basketball Junkie: A Memoir, documenting his career on and off the court. Basketball Junkie was released in May 2011.^[11] In 2011, ESPN aired a documentary, Unguarded, directed by Jonathan Hock, based upon Herren's basketball career and drug-related issues. On March 20, 2012, it was announced that Unguarded had been nominated for two Emmys: Outstanding Sports Documentary and Outstanding Editing.^[12] Herren now travels the United States sharing his story through Herren Talks^[13] with the goal of making a positive difference in the lives of others. In 2011, Herren grew his vision of support for others when he founded the nonprofit Herren Project.^[14] Through the organization, Herren and his team empower schools and communities to make healthy choices, while also guiding families through recovery. In 2018, he also founded Herren Wellness,^[15] a residential health and wellness program that helps guests lead healthy, substance-free lives.

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Herren Talks[edit]

Chris Herren has spoken to over one million students, athletes and community members, sparking honest discussions on the topics of substance use disorder and wellness. As a person in long-term recovery since 2008, he continues to share his story nationally with a renewed focus on prevention education and challenging audiences to rethink how we look at the disease of addiction; changing the focus from the last day to the first.

Herren Project[edit]

Founded in 2011, Herren Project helps individuals and family members find treatment and support for the disease of addiction. Herren Project has become part of a larger community that guides individuals and their families through recovery working to break the stigma of addiction, bring awareness to the dangers of substance use and encourage positive decision-making to navigate life’s challenges.^[14]

Herren Wellness[edit]

Herren Wellness is a residential substance use, health, and wellness organization for men and women with the focus on guiding guests through a process of self-discovery. Helping individuals uncover why they turn to unhealthy behaviors or substances, and give them the tools they need to live healthy, authentic, and substance-free lives. The holistic recovery approach offers structured daily services for guests that focus on eight key elements of health and wellness.^[15]

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Notes[edit]

1. ^ ^abcUnguarded. Dir. Jonathan Hock. Team Marketing, 2011. DVD.
2. ^ ^abJohnson, Jennifer. 'From Basketball Star to Junkie'. Grand Forks Herald. Retrieved October 23, 2012.^{[permanent dead link]}
3. ^Herren has it all, by Pat Bigold, Star-Bulletin, published February 26, 1999
4. ^ ^abcdeReynolds, Bill (2012). Basketball Junkie: A Memoir. St. Martin's Griffin.
5. ^ ^abcd'Chris Herren'. Retrieved October 23, 2012.
6. ^'Chris Herren'. Basketball-Reference.com. Retrieved April 24, 2016.
7. ^Hoop Dreams Deferred: The Sad Tale of Chris Herren, The Heights, published December 4, 2006
8. ^Wojnarowski, Adrian. 'Herren's bio shows dark side'. Yahoo. Archived from the original on December 10, 2011. Retrieved October 23, 2012.
9. ^Changing of the Guard: Finally Clean and Sober, Herren Ready To Embrace Post-Basketball Life, Boston.com, published May 31, 2009
10. ^Transition Game, Newport Daily News, published July 29, 2009
11. ^Book Details Rise of Celtics, South Coast Today, published November 13, 2010
12. ^'THE NATIONAL ACADEMY OF TELEVISION ARTS & SCIENCES ANNOUNCES THE NOMINEES FOR THE 33RD ANNUAL SPORTS EMMY® AWARDS'. Archived from the original on June 25, 2012. Retrieved October 24, 2012.
13. ^'Chris Herren: Motivational Speaker On Substance Use & Wellness'. Herren Talks. Retrieved April 16, 2019.
14. ^ ^ab'Addiction Recovery Non-Profit Organization'. Herren Project. Retrieved April 16, 2019.
15. ^ ^ab'New England Drug Rehab & Treatment Center - HerrenWellness'. Herren Wellness. Retrieved April 16, 2019.

External links[edit]

• Career statistics and player information from Basketball-Reference.com

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