Also known as RRP, this program aims to rehabilitate drug-offenders rather than incarcerate them. Tupelo, Miss. Prohibited acts; penalties. (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. 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. Get free summaries of new opinions delivered to your inbox! I have come back to life bit by bit," Berlin said. You can expect to be placed into a rigorous drug treatment program and receive important therapy. If you do qualify, its important to take as much advice from this lawyer as possible for the sake of your trial. (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) If less than fifty (50) grams or less than one hundred (100) dosage units, the offense is a misdemeanor and punishable by not more than one (1) year or a fine of not more than One Thousand Dollars ($ 1,000.00), or both. Contact us by phone at (901) 205-9894 or online. And like many parents who have lost children to fentanyl in recent years, Berlin has become an active part of that community, providing outreach and support to others grieving loved ones. CDS Schedule I are considered to be the most dangerous drugs. When youre charged with a misdemeanor, your punishment is taken less seriously than that of a felony. ultimately choose. (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). This is where youll be educated of your crimes and the criminal system. Your case will then be brought before a grand jury. Patrick Stegall is a Southaven felony drug possession lawyer . Also, you may qualify for alternative sentencing (see below). A person charged with drug distribution of fentanyl could face 20 years to life in prison if the sale directly results in an overdose death. Specific Laws and Schedules. The penalty for trafficking marijuana is a mandatory jail term of 10 years but not more than 40 years. 2021 Mississippi Department of Public Safety, Law Enforcement Officers' Training Academy. 1. Drug trafficking is the possession or otherwise transportation of illegal substances with the intent to distribute them. Marijuana trafficking and drug trafficking laws are strict and attract similar penalties. The penalties are also based on the amount of coke: . . "Trafficking in controlled substances" as used herein means to engage in three (3) or more component offenses within any twelve (12) consecutive . Disclaimer: These codes may not be the most recent version. U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation in Mississippi. For students, sanctions may include suspension . According to court documents, the indictments resulted from an extensive Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Highlife. American Addiction Centers (AAC). In Mississippi, a drug is referred to as a controlled dangerous substance, or CDS. This article reviews Mississippis laws about drug possession. Potential enrollment in drug treatment programs. 3. and find the substance you're charged with possessing -- it will be listed under one of the five classes. Call for a Free Consultation. (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). If you are approved, youll have to wear an electronic monitor which checks to make sure youre always in agreement with your curfew requirements. Drug trafficking is selling, transporting, or importing illegal drugs. As mentioned earlier, Mississippi considers the schedule of the drug and how much of it was in your possession in order to determine your sentence. The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance. However, if you complete it all successfully, youll be discharged. of Columbia have adopted some form of drug-free school zone law. The Mississippi Bureau of Narcotics (MBN) was created by the legislature in 1971 with the duty of being a statewide narcotics law enforcement agency. If two hundred fifty (250) or more grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both; 3. [6] The idea is drug abusers will benefit more from rehabilitation rather than traditional punishments. Our helpline is offered at no cost to you and with no obligation to enter into treatment. 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. 601-208-0137 / 800-896-4994. (E) A violation of subsection (a) of this section involving one (1) kilogram or more of marijuana or two hundred (200) grams or more of synthetic cannabinoids. Officers with Mississippi Bureau of Narcotics, United States Marshals Service, Tallahatchie County Sheriff's Department, Yalobusha County Sheriff's Department, Quitman County Sheriff's Department, and Charleston Police Department assisted in the arrests. The person who sold him the synthetic LSD, Skylar O'Kelly, was convicted of drug trafficking and second-degree murder and sentenced totwo concurrent 10yearssentences in 2016. Still, the purpose of a trial is to figure out all the details surrounding the charges. The Mississippi-based drug trafficking organization is charged with distributing more than 40 kilograms of methamphetamine, more than 3 kilograms of cocaine and over 100 pounds of marijuana illegally smuggled into the U.S. from . Last month, Jackson resident Carlos Allenwas sentenced to 124 years in prison without the possibility of parole for drug trafficking fentanyl which resulted in the overdose death of a 24-year-old man in 2021. During this time, you will not be able to defend yourself. Mississippi drug trafficking law overview Federal law and Mississippi state law. All rights reserved. Prior convictions shall not be used as component offenses to establish the charge of trafficking in controlled substances. Mississippi may have more current or accurate information. From there, youll immediately be placed before a judge to make an initial appearance. A person in Jackson, Mississippi, can face several federal penalties if they are convicted of drug trafficking. The premise behind drug-free zone laws was that drug trafficking near schools posed a danger to children. The far-reaching impacts from this problem affect people of every age we encourage the citizens of this state to dispose of any unused prescription pain killers at Drop Boxes which are available in every Highway Patrol station in the state. 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. If five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years or a fine of not more than One Million Dollars ($ 1,000,000.00), or both. JACKSON, Miss. Arrest, Initial Appearance, and Bond Setting. If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00), or both; 4. Part of the reason is drug possession charges in Mississippi are taken very seriously and almost always have strong consequence. Two Sentenced on Drug Trafficking Charges . The misuse and abuse of medicines such as Hydrocodone, Oxycodone, and other prescription pain killers is presenting a new challenge for Mississippi and is greatly affecting public health and safety. (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. Like much of the south, Mississippi has zero tolerance when it comes to their drug possession laws. "This is a war against our children.". The higher the schedule and the more of a drug, the higher your penalization. Other penalties for possession of a controlled dangerous substance include: In Mississippi, you do have the opportunity to face alternative sentences [5]. Youll receive counseling, incentives, and must make consistent court appearances. O'Kellywas later resentenced on drug trafficking charges and remains in state custody. - A total of eight individuals are behind bars today following their arrest by federal, state and local law enforcement officers on federal drug trafficking and weapons charges in North East Mississippi.The FBI together with the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Attorney's Office and Tupelo Police Department announced that the arrests were made on . Tate Reeves signed the bill into law on April 19. (C) If one hundred fifty (150) or more grams or five hundred (500) or more dosage units, but less than three hundred (300) grams or one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years or a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both. We are proud to work alongside our law enforcement partners on this important mission." DEA investigated the drug trafficking ring from February 2017 to August 2018 in Madison and St. Clair counties, primarily in East St. Louis. CONTROL. The jury will come to its decision and you will receive . A second conviction under this section within two (2) years is a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($ 250.00), not 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 a drug education program is inappropriate. Upon arrest, youll be taken to your town or citys police headquarters. The provisions of this paragraph (2)(A) may be enforceable by summons if 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. Monroe woman accused of sex trafficking a 15-year-old girl; arrested for drug offenses and other charges by: Kevin Dudley, Jr. Posted: May 1, 2023 / 10:51 AM CDT 41-29-113: House Bill 1031, and Ms. Code Ann. (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. 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). Some options include: These specialized courts are used solely for drug offenders and their purpose is to reduce crime on the streets. . [1] However, probation is always given in lieu of a jail sentence following the 1978 decriminalization. MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Barnett, Jackson (11th), . In the state of Mississippi, most cases of drug possession result in a felony charge. (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. means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. If youre found guilty of a drug possession crime in the State of Mississippi, then youll receive a sentence. You already receive all suggested Justia Opinion Summary Newsletters. You already receive all suggested Justia Opinion Summary Newsletters. Due to this, its not entirely certain which penalties youll face for your crime. As of 2019, 25 states had some form of a drug-induced homicide law on the books, according to Temple University's Prescription Drug Abuse Policy System. In Mississippi, possession charges are put into one of two categories. ; eligibility for parole. MBN has the responsibility of providing the citizens of Mississippi a front line defense against the abuse, misuse, sale, and trafficking of controlled substances. Her eldest son Eric died when he was 33 in 2014. ARTICLE OVERVIEW: Been caught with drugs in the state of Mississippi? 601-208-0137. [1] [2]. You will also be monitored and aided in finding work. 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. 41-29-115: Senate Bill 2379. The evidence that you had control over both the presence and location of the controlled dangerous substance. Not too long afterward, the Court will give your case an arraignment. With any other drug possession crime, youll be charged with a felony. Sign up for The American South newsletter. 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 marijuana 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: (1) A controlled substance classified in Schedule I or II, except marijuana and synthetic cannabinoids: (A) If less than one-tenth (0.1) gram or two (2) dosage units, the violation is a misdemeanor and punishable by imprisonment for not more than one (1) year or a fine of not more than One Thousand Dollars ($ 1,000.00), or both. But these cases remain some of the few exceptions. (2) "Trafficking in controlled substances" as used herein means: (A) A violation of subsection (a) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids; (B) A violation of subsection (a) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance; (C) A violation of subsection (c) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids; (D) A violation of subsection (c) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance; or. He did so ahead of the public health authority Title 42 ending in less than two weeks, on May . Trafficking in a controlled substance. solely for AAC and will discuss whether an AAC facility may be an option for you. A house arrest will allow you to work, go to church and receive both medical attention and drug treatment. . Mississippi has a mandatory 10-year sentence and doesn't allow probation or parole. Trafficking: Trafficking in controlled substances means either more than 30 grams of coke in your possession or to have three or more . 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. (h) Sentence mitigation. (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. A third conviction will result in 5 days-6 months imprisonment as well as a maximum fine of $1,000. If twenty (20) or more grams but less than forty (40) grams, by imprisonment for not less than two (2) years nor more than eight (8) years or by a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both; 3. A person shall be charged and sentenced as follows for a violation of this subsection with respect to: Upon a first or second conviction under this paragraph (2)(A), the courts shall forward a report of the 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 murder conviction, however, was overturned in 2018 by the state court of appeals, which found there was insufficient evidence to support the charge. 3. convenient solution. Through this type of sentence, youll be placed on special probation where you must attend court on a regular basis. (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. They bring back evidence they had shown prior. (4) For controlled substances classified in Schedule V, as set out in Section 41-29-121: (A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than one (1) year or a fine of not more than Five Thousand Dollars ($ 5,000.00), or both; (B) If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($ 10,000.00), or both; (C) If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment for not more than ten (10) years or a fine of not more than Twenty Thousand Dollars ($ 20,000.00), or both; (D) For thirty (30) or more grams or forty (40) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not more than fifteen (15) years or a fine of not more than Fifty Thousand Dollars ($ 50,000.00), or both. Rehabilitation often includes supervised drug testing and treatment services. Typical punishments for a felony charge include: Often, youll find yourself facing other penalties due to your drug possession crime. If you have less than 30 grams of marijuana, then youll probably be charged with a misdemeanor. NESHOBA COUNTY, Miss. of If thirty (30) grams or less, by imprisonment for not more than three (3) years or a fine of not more than Three Thousand Dollars ($ 3,000.00), or both; 2. The law takes effect July 1. 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. The MBN provides investigative and enforcement services to local, county, and federal law enforcement agencies throughout the state. In order to accomplish our mission, it is extremely important to have the support of our citizenry. If you enter as a guilty plea, you might be offered non-adjudicated probation. 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). Since then, Rodenbaugh has devoted her life to speaking with families who have lost loved ones to drug overdoses. Save a life:What to know about drug treatment, Mississippi's Good Samaritan Law and Narcan, Two Mississippians gone too soon:Families speak about losing their sons to opioid overdoses. People are still going to use a substance they're dependent upon. Sale Mississippi drug laws are highly discretionary for knowingly or intentionally selling, bartering, manufacturing, or possessing with the intent to sell. 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. If more than thirty (30) grams but less than two hundred fifty (250) grams, by a fine of not more than One Thousand Dollars ($ 1,000.00), or confinement in the county jail for not more than one (1) year, or both; or by a fine of not more than Three Thousand Dollars ($ 3,000.00), or imprisonment in the custody of the Department of Corrections for not more than three (3) years, or both; 2. South Carolina was second with 115 months, while Iowa averaged 113, and Louisiana 105. In turn, youll also be allowed to present evidence in your favor to the State. If more than thirty (30) grams but less than two hundred fifty (250) grams, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($ 5,000.00), or both; 3. This works like probation in the sense that youll need to pay fines and court costs, report to a supervising officer, and take regular drug tests. If five hundred (500) or more grams but less than one (1) kilogram, by imprisonment for not less than five (5) years nor more than twenty (20) years or a fine of not more than Twenty Thousand Dollars ($ 20,000.00), or both. "When we talk to high school students about this we are trying to impress upon it's no longer just marijuana but could be marijuana laced with fentanyl or some other synthetic drug. Contact Our Jackson Criminal Defense Lawyers. 2017 Mississippi Code Title 41 - Public Health Chapter 29 - Poisons, Drugs and Other Controlled Substances Article 3 - Uniform Controlled Substances Law 41-29-139. 159 (* * *3) Notwithstanding any other provision of law, an 160 inmate shall not be eligible to receive earned time, good time or And the case is finally submitted. You're all set! This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code, Chapter 29 - POISONS, DRUGS AND OTHER CONTROLLED SUBSTANCES, Article 3 - UNIFORM CONTROLLED SUBSTANCES LAW. These are defined under MS. Code Ann. Trafficking. Fentanyl is extremely lethal andabout 50 times more potent than heroin. But much of herfocus centers on lobbying for tougher laws to hold drug distributors accountableforoverdose deaths. (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). (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. 2. (c) Simple possession. 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.)" (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). [4]. Punishment for overdose deaths:Why second-degree murder charges for drug dealers aren't resulting in convictions in the South. A city worker inspects the HESCO sand barriers along River Drive between Iowa and Perry Streets, Friday, April 28, 2023, in Davenport, Iowa. "Two milligrams of fentanyl is essentially a lethal dose," said Maxwell. This would have made Mississippi state law more closely align with federal trafficking laws. There are many plea negotiations the state of Mississippi has to offer (see below). Section 32E. Often these laws don't have the effect they are intended to have and do more harm,said Angela Mallette, the founder of the Mississippi Harm Reduction Initiative, an organization that advocates for health-based solutionsfor people living with addiction. Ann. (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.