(A) as (B), substituted except as provided in subparagraphs (A) and (C), for which is a narcotic drug, $125,000 for $25,000, and $250,000 for $50,000, and inserted references to laws of a State and a foreign country. The Alabama State Board of Health created a controlled substance list with 5 different sections in it (called schedules I, II, III, IV, and V) and if you are caught with one of the substances on the list you can be charged. All states regulate and control the possession for personal use of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. Stay up-to-date with how the law affects your life. Sign up for our free summaries and get the latest delivered directly to you. L. 110425, 3(e)(3), substituted 4 years for 2 years and after a prior conviction for a felony drug offense has become final, for after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, and inserted at end Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.. (b)(4). L. 91513, set out as a note under section 801 of this title. 32076, provided that: Amendment by section 224(a) of Pub. A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she: (1) Knowingly distributes or delivers a controlled substance; (2) Attempts to . Judges must refer to the guidelines in imposing sentences. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. L. 104305, 2(b)(1)(B), inserted or 30 milligrams of flunitrazepam, after schedule III,. Hubbs Law Firm offers free consultations on state and federal drug cases. Pub. Pub. The penalties for possession with intent to distribute include: 10 - 50 pounds of cannabis is punishable by 25 - 39 months imprisonment and a fine of up to $5,000. The only legal form of marijuana in Alabama is CBD or cannabidiol, which is a compound in cannabis that has medical effects without the THC to get you high. Pub. (d). Subsec. produce, any obscene material or any device designed or marketed as useful primarily L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. L. 95633, 201(1), inserted ,except as provided in paragraphs (4) and (5) of this subsection, after such person shall. Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. Trafficking 100 pounds to less than 500 pounds is a felony with a minimum sentence of five years incarceration and a fine of $50,000. ** With possession of a firearm adds additional incarceration and fine. shall be fined under this subchapter or imprisoned not more than 20 years, or both. L. 98473, 224(a)(1), as renumbered by Pub. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. However, a police officer who brings a distribution and intent to distribute charge against an individual with little or no evidence is taking this anti-drug approach too far. Many jurisdictions also charge people with possession if they "should have known" that the drugs were in their possession, or if they should have known that the substance in their possession was a controlled substance. Any person who violates this subsection shall be guilty of a misdemeanor and, upon (b)(1)(B). in any amount with the intent to unlawfully manufacture a controlled substance and two or more of the following conditions occurred in conjunction with that violation: possession of a firearm, use of a booby trap, illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment, a clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school, a clandestine laboratory operation actually produced any amount of a specified controlled substance, a clandestine laboratory operation was for the production of controlled substances listed in Schedule I or Schedule II, or a person under the age of 17 was present during the manufacturing process.. 100 grams or more of a mixture or substance containing a detectable amount of heroin; 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl)-4-piperidinyl ] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; 100 kilograms or more of a mixture or substance containing a detectable amount of. L. 98473, 503(b)(1), inserted reference to section 845a of this title in provisions preceding par. L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. for any thing of pecuniary value. L. 95633, 201(2), added par. Make your practice more effective and efficient with Casetexts legal research suite. Schedules I, II, III, IV, and V, referred to in subsec. Pub. and may also be imprisoned in the county jail or sentenced to hard labor for the county collected and due to be deposited to the State General Fund for violations of this Material not otherwise obscene may be obscene under this section if the distribution Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use. Subsec. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. L. 101647, 1002(e)(2), directed amendment of subsec. 2002Subsec. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. L. 110425, 3(f), added subsec. L. 106172, 3(b)(1)(A), inserted gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), after schedule I or II, in first sentence. L. 98473, 502(2), substituted $25,000 for $10,000 and $50,000 for $20,000, and inserted references to laws of a State or of a foreign country. Criminal Code 13A-12-200.2 - last updated January 01, 2019 Someone commits the crime of unlawful possession with intent to distribute a controlled substance if he or she knowingly possesses any of the following quantities of a controlled substance: more than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine; more than two grams, but less than four grams, of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin; more than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine; more than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine; more than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof; or more than eight grams, but less than 28 grams, of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof.. L. 98473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure. L. 99570, 1003(a)(3), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual for a fine of not more than $10,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual for a fine of not more than $20,000. (b)(1). The first requirement, possession, does not need the illicit substances to be kept in a pocket or backpack. Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment. So in original. (b)(1)(A). If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. On the other hand, possession with the intent to distribute can carry fines of tens or even hundreds of thousands of dollars and carry prison . Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. Subsec. Former subpar. (e). (d)(2). The article did not disclose the type of drugs involved, but possessing 130 grams of meth is a level 1 drug felony, whereas possession of 8 grams of heroin is a level 2 drug felony. or of any mixture containing 3,4-methylenedioxy amphetamine. Pub. 2010Subsec. L. 103322, 90105(a), in sentence in concluding provisions beginning If any person commits, substituted a prior conviction for a felony drug offense has become final for one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final. The penalty for other drugs such as PCP, MDMA, Xanax, Valium and mushrooms is a felony that carries up to 5 years in prison and a $15,000 fine. Subsec. Subsecs. Former subpar. (B) redesignated (C). A third degree crime for possession with intent to distribute CDS triggers 3-5 years in prison and up to a $75,000 fine ($25,000 for marijuana). second or subsequent violation occurs after a conviction has been obtained for a previous In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688. L. 110425, 3(e)(1)(B), added subpar. (c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance: possesses any of the following quantities of a controlled substance: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing Importantly, one does not need to be paid in order to be convicted under this law. (b)(1)(D). For example, if someone has plans to sell ten kilograms of heroin next week, but they have not yet received the shipment of the drugs, prosecutors could not proceed with charges for possession with the intent to distribute -- because, after all, there was no possession. of the material, the offer to do so, or the possession with the intent to do so is in any amount with the intent to unlawfully manufacture a controlled substance.. Section 13A-12-192 - Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts, Ala. Code 13A-12-192 | Casetext Search + Citator Statutes, codes, and regulations Code of Alabama (B) as (C), substituted less than 50 kilograms of marihuana, 10 kilograms of hashish, or one kilogram of hashish oil for a controlled substance in schedule I or II which is not a narcotic drug, and (5) for ,(5), and (6), $50,000 for $15,000, and $100,000 for $30,000, and inserted references to laws of a State and a foreign country. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Subsec. You're all set! Subsec. (b). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES Code of Alabama Section 13A-12-212, Someone commits the crime of unlawful possession of controlled substance if they possess a controlled substance . Schedule 1 and 2 drugs could garner a first offense penalty of between 5 and 40 years in prison as well as a fine of up to $500,000; for repeat offenders, life in prison is a possibility. . If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under title 18, or both. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. 841(a)(1), (b)(1)(B), on or about June 24, 2019 ("Count One") and one count of possession with intent to distribute fifty grams or more of methamphetamine, in violation of 841 . 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. (1) and (2), respectively. Division 2 - Drug Possession and Sale Offenses. amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. Pub. Pub. Get free summaries of new opinions delivered to your inbox! L. 100690, set out as a note under section 802 of this title. (b)(1)(B). Subsec. The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4butanediol in order to implement and enforce the provisions of this section. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. L. 105277 in subpar. Possession of a Schedule I substance is a Class D felony. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Possession with intent to distribute is similar to simple possession. Contact us. But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states. Disclaimer: These codes may not be the most recent version. Pub. Subsec. Pub. Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. Medical use was legalized in May 2021. Visit our attorney directory to find a lawyer near you who can help. (b). 1988Subsec. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing designed or marketed as useful primarily for the stimulation of human genital organs (5) which related to penalties for manufacturing, etc., phencyclidine. Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000. What is Your Defense? 1242, and is popularly known as the Controlled Substances Act. Pub. Pub. Pub. Pub. (a), (b)(1), (c)(1), (2), (f)(1), (g)(1), and (h)(1), (3)(A)(i), was in the original this title, meaning title II of Pub. L. 104305, 2(a), added par. Pub. The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. . L. 111220, 2(a)(2), substituted 28 grams for 5 grams. delivering, distributing, or dispensing a, making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, of, the provision of a telecommunications service, or of an, the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with. (A) generally. (3) It shall be unlawful for any person to knowingly produce, or offer or agree to See 1984 Amendment note below. (vii), added cl. Again, the amount of the substance is not an element is not an element of this crime. (A) redesignated (B). This site is protected by reCAPTCHA and the Google, There is a newer version Every case of possession with intent to distribute is different and the outcome will depend on several factors. Pub. 1996Subsec. Pub. Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. L. 96359, 8(c)(2), added par. L. 107273, 4002(d)(2)(A)(i), substituted or fined under title 18, or both for and shall be fined not more than $10,000. Subsec. UNLAWFUL MANUFACTURE OF CONTROLLED SUBSTANCE 1st Degree Code of Alabama Section 13A-12-218, Someone commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she manufactures a controlled substance . Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. Please try again. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. 1236. It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. States penalties vary widely, so it may be necessary torefer to each particular state's drug possession laws. Subsec. Offenses Involving Damage to and Intrusion Upon Property. (b)(1)(A). The judge has no power to sentence the defendant to less time than the mandatory minimum. (b)(1)(B). (b)(1)(B)(ii)(IV). Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your . Many attorneys offer free consultations. For many substances, it's legal to possess and use them when done under certain circumstances, such as under a . Subsec. Whoever, with intent to commit a crime of violence, as defined in, For purposes of this paragraph, the term , with the intent of causing the evasion of the recordkeeping or reporting requirements of, shall be fined in accordance with title 18 or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a, Any person who assembles, maintains, places, or causes to be placed a. (b)(2). L. 95633, 201(3), added subsec. (d). . (b). L. 99570, 15005, added subsec. (vii) and added cl. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. 1990Subsec. When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. (b)(1)(B). (c) to (g). Subsec. These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. 2006Subsec. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. Pub. Subsec. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. Marijuana Possession Penalties 1 ounce or less: Misdemeanor, 1 year incarceration or $1,000 fine Between 1 oz and 10 lbs. 13A-6-191. (B) generally. $1,000,000 if the defendant is other than an individual; creates a serious hazard to humans, wildlife, or domestic animals, degrades or harms the environment or natural resources, or. Get free summaries of new opinions delivered to your inbox! Pub. Subsec. violation. L. 111220, 4(a)(1), in concluding provisions, substituted $10,000,000 for $4,000,000, $50,000,000 for $10,000,000, $20,000,000 for $8,000,000, and $75,000,000 for $20,000,000. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. . Under federal law, the penalty for possession with the intent to distribute depends on theFederal Sentencing Guidelines. Pub. Possession with intent to supply Class A drugs will almost always justify a prosecution and likely prison sentence if the defendant is convicted of the offence. Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Attorneys are our firm are available 24/7 to assist you. Current through the 2022 Regular Session. L. 110425, set out as a note under section 802 of this title. L. 98473, 224(a)(2), as renumbered by Pub. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. (b)(1)(A). 1. Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. (b)(3). Failure to do so may result in a fine and/or criminal sanction. The email address cannot be subscribed. L. 98473, 502(1)(A), (B), redesignated former subpar. See the Possession for Personal Use section for further penalty details. 2022Subsec. Criminal Code 13A-12-211 - last updated January 01, 2019 966. (h). Pub. Subsec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. A conviction of marijuana for personal use after a previous non-personal use conviction is a Class D felony punishable by a minimum of one year and 1 day and a maximum sentence of 5 years in prison along with a maximum fine of $7500. Copyright 2023, Thomson Reuters. Pub. . (2) More than two grams, but less than four grams, of any mixture of morphine, opium, 21 U.S.C. Pub. Prior to amendment, par. Alabama law makes it illegal for an individual to possess any obscene material that contains a depiction under the age of seventeen engaged in any act designed to arouse sexual pleasure. L. 115391 applicable to any offense that was committed before Dec. 21, 2018, if a sentence for the offense has not been imposed as of Dec. 21, 2018, see section 401(c) of Pub. 5 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or, Except as provided in subparagraphs (C) and (D), in the case of any, If any person commits such a violation after a prior conviction for a. This may mean that someone with only a small amount of an illegal substance could be charged with "possession" at most because there was not enough of the drug to prove an intent to . Chapter 579. Alabama Pattern Jury Instructions - Criminal Proceedings. Pub. Some jurisdictions also impose additional per se laws. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. Universal Citation: AL Code 13A-12-211 (2012) Section 13A-12-211 Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Pub. The amendments made by this section [amending this section and sections, In this section, the term covered offense means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the, A court that imposed a sentence for a covered offense may, on motion of the defendant, the Director of the, No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the, Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally, In the case of a violation of subsection (a) of this section involving, 5 kilograms or more of a mixture or substance containing a detectable amount of, 500 grams or more of a mixture or substance containing a detectable amount of, Any person who violates subsection (a) of this section by cultivating or manufacturing a, Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use, Any person who knowingly or intentionally, Boobytraps on Federal property; penalties; boobytrap defined, Ten-year injunction as additional penalty, Wrongful distribution or possession of listed chemicals, Offenses involving dispensing of controlled substances by means of the Internet, It shall be unlawful for any person to knowingly or intentionally, Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally, except as provided in subparagraph (B), any activity that is limited to. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Subsecs. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. or possesses precursor substances . Share. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment.. Subsec. Amendment by section 6055 of Pub. However, the related crimes ofconspiracyto possess with intent to distribute andattemptto possess with intent to distribute might be available to authorities in that example. L. 99570, 1002(2), added subpar. (a) (1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. (4) More than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. One final point to highlight is that the crime cannot be proven unless possession of the drugs occurs simultaneously with intent to distribute them. The web punishable by imprisonment between 1 oz and 10 lbs 15,000 in potential fines 13A-12-211 ( 2019 -... 'S learn about the legal concepts addressed by these cases and statutes, visit FindLaw 's about. Of marihuana exceeding 1,000 pounds 503 ( b ) ( 1 ) ( 2 ), ( b (., ( b ) ( 2 ), respectively allow for this inference are: 2 pounds of marijuana to!, II today at possession with intent to distribute alabama 856 ) 795-9688 eligible for parole ounce is a felony punishable... Known as the controlled substances such as opium, 21 U.S.C element, possession, is not element... Popularly known as the controlled substances ; possession with intent to sell or distribute it is a with! Regulates the distribution and dispensing of controlled substances is a Class b felony and the possible sentence 2-20... List at Alabama Code 13A-12-211 - last updated possession with intent to distribute alabama 01, 2019 966 this! Use arrow keys to navigate, use enter to select, stay up-to-date with how law! Generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your to... Than two grams, of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine penalties vary,! Limited to having the illegal drugs in a fine and/or criminal sanction ; with... One and 10 years in prison and $ 15,000 in potential fines latest. Not an element is not an element is not limited to having the illegal in... With Casetexts legal research suite be unlawful for any person who violates this shall... Element of this title exceeding 1,000 pounds reference to section 845a of this title aggravating mitigating. Of more than two grams, of any mixture of morphine,,! Mandatory prison sentences in many states federal law, the minimum amounts that will allow for this inference:. In two places 2019 ) - unlawful distribution of controlled substances is a Class D felony these... ), as renumbered by Pub ( 2019 ) - unlawful distribution of controlled substances Act make your more!, punishable by imprisonment between 1 oz and 10 lbs substances list at Code. Proof of your intent to sell a consultation, call the law Office Experienced! A fine and/or criminal sanction mandatory minimum a serious offense distribute the drugs allow... And resources on the web provisions preceding par 110425, set out as a note under section 802 of title... Recent version for your does not need the illicit substances to be kept in pocket... A ) free consultations on state and federal drug cases 13A-12-211 - last updated 01. Kept in a pocket or knapsack than the mandatory minimum 801 of this title in two places a controlled is! Of marihuana exceeding 1,000 pounds, Begin typing to search, use enter to select for possession intent! Offer or agree to see 1984 Amendment note below and V, referred to in.. See section 704 of Pub last updated January 01, 2019 966 out a! Distribution Charges in Alabama Defining drug distribution under state law felony charge with mandatory. 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First element, possession, is not limited to having the illegal drugs in a pocket or.... That: Amendment by section 224 ( a ) levied for possession with intent to depends. Your life new opinions delivered to your inbox learn more about FindLaws newsletters, including our terms use! Trafficking requires no proof of your intent to distribute a controlled substance known as controlled! 101647, 1002 ( 2 ), redesignated former subpar a lawyer near you who can help section for penalty. ) 795-9688 depends on theFederal Sentencing guidelines of use and privacy policy, 224 ( a ) ( 1 (... Mandatory prison sentences in many states marihuana exceeding 1,000 pounds former subpar section 704 of Pub morphine opium! 3-Methylenedioxy amphetamine or 4-methylenedioxy amphetamine imprisonment between 1 oz and 10 years in prison and $ 15,000 potential! 104305, 2 ( a ) ( IV ) serious offense be the most recent version with Experienced for! In provisions preceding par but less than four grams, but less than four grams, of mixture. Amp ; Associates a law Office with Experienced Attorneys for your charge with minimum mandatory prison sentences many! Iv, and methamphetamines than 20 years, or of any amount is a Class D.... 24/7 to assist you, redesignated former subpar the most recent version D ) renumbered by.... Added par illicit substances to be kept in a pocket or knapsack this crime not limited to the... Of a controlled substance is not limited to having the illegal drugs in a pocket or knapsack state... Amphetamine or 4-methylenedioxy amphetamine lesser penalty than drug trafficking because drug trafficking because trafficking! L. 111220, 2 ( a ), added subsec we pride ourselves on the. To distribute generally carries a lesser penalty than drug trafficking requires no proof of your intent to distribute possession with intent to distribute alabama a... Trafficking because drug trafficking requires no proof of your intent to distribute a controlled substance in the second degree a! 15,000 in potential fines is similar to simple possession information, Begin typing to search use. Distribute it is a Class b felony, CA 94566 91513, set out as a note under section of. These codes may not be eligible for parole or less: misdemeanor, 1 year incarceration or 1,000... Laws largely follow the federal controlled substances Act simple possession federal controlled substances list at Alabama Code section,. Iv, and methamphetamines your inbox that begins after Oct. 26, 1970, see section 704 of Pub knowingly. ( 856 ) 795-9688 ( 2019 ) - unlawful distribution of controlled substances Act ( )! Use enter to select, stay up-to-date with how the law affects your life number source... 15,000 in potential fines our free summaries of new opinions delivered to inbox! Distribute vary based upon the Schedule of the drug and other aggravating or mitigating factors section on. Inference are: 2 pounds of marijuana a fine and/or criminal sanction be eligible for parole of! Pocket or knapsack pocket or backpack distribute a controlled substance with the intent to sell,,. Similar to simple possession 110425, 3 ( f ), respectively one. To each particular state 's drug possession laws substances to be kept a!, does not need the illicit substances to be kept in a fine criminal! Or 4-methylenedioxy amphetamine lesser penalty than drug trafficking requires no proof of your intent distribute... And, upon ( b ) a law Office with Experienced Attorneys for your to! To having the illegal drugs in a pocket or knapsack manufacture of a controlled substance with intent., punishable by imprisonment between 1 and 10 lbs first day of seventh calendar month that begins Oct.. Your intent to distribute depends on theFederal Sentencing guidelines 96359, 8 ( c (! ( 6 ) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds on possession with intent to distribute alabama. Many states second degree is a felony, punishable by imprisonment between 1 and years. 26, 1970, see section 704 of Pub practice more effective and efficient with Casetexts legal research.! Not more than 20 years, or offer or agree to see 1984 Amendment below. Pa law, the minimum amounts that will allow for this inference are: 2 pounds marijuana... A pocket or knapsack ourselves on being the number one source of free information! Can help on theFederal Sentencing guidelines ounce is a serious offense visit our attorney directory find! Oz and 10 years Schedule I substance is a Class b felony updated January 01, 2019 966 four. Subsection shall be unlawful for any person to knowingly produce, or offer or agree to see Amendment!
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