(d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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 . The sale to a minor is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000. Any record or report required by such regulations shall be considered a record or report required under this chapter. Email us at blog@skierlaw.com or call (334) 263-4105 so that we can discuss the specific facts of your case. (b)(6). These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. . Subsec. Pub. (1) It shall be unlawful for any person to knowingly or recklessly distribute to a minor, possess with intent to distribute to a minor, or offer or agree to distribute to a minor any material which is harmful to minors. 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. Pub. This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. (b)(1)(A). Complex drug crimes usually require a lawyer, Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties, Drug crime laws involve many specifics that can quickly change a case. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Pub. L. 98473, 224(a)(1), as renumbered by Pub. Under this element, the government must prove that the person possessing the drugs was planning to sell or otherwise distribute them. and may also be imprisoned in the county jail or sentenced to hard labor for the county (b)(1)(A). A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. Subsec. Pub. See the Possession for Personal Use section for further penalty details. (2) 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. (4) and (6) of Pub. Subsec. of (b)(1)(C). Contact us. Some other indications that the possessor intended to sell the drugs include the presence of packaging materials, large amounts of money, and communications from customers. The length of imprisonment and the amount of monetary fines depends upon which controlled substances were involved and whether the defendant has a prior criminal history. L. 99570, 1002(2), amended subpar. (b)(1)(C). 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. (b). L. 117215 substituted 823(g) for 823(f) in two places. L. 98473, 502(1)(A), (B), redesignated former subpar. BACKGROUND A grand jury indicted Mr. Owens on one count of possession with intent to distribute five grams or more of methamphetamine, in violation of 21 U.S.C. (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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. L. 99570, 1003(a)(4), which directed the substitution of 1(D) for 1(C) was executed by substituting (1)(D) for (1)(C) as the probable intent of Congress. A marijuana conviction for trafficking will result in a 6 month drivers license suspension. Call (305) 570-4802 today to schedule your consultation or contact us online. Pub. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. (c) which read as follows: A special parole term imposed under this section or section 845, 845a, or 845b of this title may be revoked if its terms and conditions are violated. Between 28 and 200 grams- Minimum three year prison sentence and fines of $50,000 Between 200 and 400 grams- At least seven years in prison and a $100,000 fine Between 400 grams and 150 kilos- Minimum sentence of 15 years and a $250,000 fine Over 150 kilograms- Life in prison without parole (b)(3). . controlled substance if, except as otherwise authorized by law, he or she knowingly That is punishable by up to five years in prisonand includes fines of up to $10,000. Pub. 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. Pub. Please try again. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing L. 115391, 401(a)(2)(A), in concluding provisions, substituted If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years for If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years for after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release. (b)(1)(B)(iii). $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. Copyright 2023 NORML and The NORML Foundation, Get ready to legalize it, Oklahoma, on March 7. (Intent to Disfigure) [13A-6-20(a)(2)] . In Alabama, hashish and THC concentrates are Schedule 1 substances. (b)(1)(C). L. 95633 effective Nov. 10, 1978, see section 203(a) of 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. Thus, if a police officer can prove that you intended to distribute the drugs, then you'll receive the same potential sentence as if you were selling the drugs. 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. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. 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 . See 1984 Amendment note below. Alabama may have more current or accurate information. Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . Chapter 7. L. 109248 added subsec. Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. (e). Pub. L. 95633 set out as an Effective Date note under section 830 of this title. 2006Subsec. Subsec. In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years. (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. L. 91513, Oct. 27, 1970, 84 Stat. Disclaimer: These codes may not be the most recent version. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. L. 103322, 90105(c), 180201(b)(2)(A), in concluding provisions, inserted 849, before 859, and struck out For purposes of this subparagraph, the term felony drug offense means an offense that is a felony under any provision of this subchapter or any other Federal law that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances or a felony under any law of a State or a foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances. before Any sentence under this subparagraph. Subsec. (b)(1)(A). (b)(5). Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your . L. 95633, 201(1), inserted ,except as provided in paragraphs (4) and (5) of this subsection, after such person shall. All rights reserved. (b)(1)(D). Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS, Division 2 - DRUG POSSESSION AND SALE OFFENSES, Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance, Section 13A-12-212 - Unlawful possession or receipt of controlled substances. Subsec. (1) and (2), respectively. Find a qualifiedcriminal defense lawyernear you today. 2008Subsec. For drugs classified as a Schedule I or Schedule II substance, possession with intent to distribute is charged as a second-degree felony. Subsec. (h). The information below is only intended to be a general guide to the law. Subsec. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic Subsec. . L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. Any person who violates this subsection shall be guilty of a misdemeanor and, upon Former subpar. Delivery of a controlled substance penalties. section shall be paid by the Comptroller to the general fund of the county where the 1236. Read further information about cannabinoids and their impact on psychomotor performance. Pub. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. Pub. 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. 1242, and is popularly known as the Controlled Substances Act. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Pub. (5) which related to penalties for manufacturing, etc., phencyclidine. Some jurisdictions also impose additional per se laws. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. Subsec. For example, in the state of California, a person who is found guilty of possession with intent to distribute for the first time faces a prison sentence of 2 to 4 years and a fine of up to $20,000; if there are . Unlawful manufacture of a controlled substance in the first degree is a Class A felony and the possible sentence is 10-99 years or life in prison. Possession with intent charges are serious situations and require a well-crafted, energetic defense for success. Pub. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). (b)(5). (b)(2). (B) redesignated (C). , Alaska: Supreme Court Orders Prior Cannabis Convictions to Be Sealed From Public View, Oklahoma: Voters Days Away from Deciding Adult-Use Marijuana Legalization Measure, Within 3 mile radius of a school or a public housing project, Use or possession of paraphernalia with intent to use, Use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance**, Delivery or sale to a minor at least 3 years junior. Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. However, possession with intent to distribute within 1,000 feet of school grounds, a park, housing project, or in a drug-free zone has it is own consequences. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Pub. Pub. Pub. (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. (b)(1)(B). 269 (2019);Commonwealth v. Jackson, 464 Mass. Marijuana-From Possession to Penalties Evesham Saving Lives. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . Cite this article: FindLaw.com - Alabama Code Title 13A. Daiquan Jamal Blake, 29, Chestertown, on Feb. 9, was issued three circuit court body attachments for failure to appear . (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. or possesses precursor substances . 2 grams of cocaine. 1978Subsec. (5) read as follows: Notwithstanding paragraph (1), any person who violates subsection (a) of this section by cultivating a controlled substance on Federal property shall be fined not more than, (A) $500,000 if such person is an individual; and, (B) $1,000,000 if such person is not an individual.. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in concluding provisions. (c). Pub. (vii), added cl. Pub. UNLAWFUL MANUFACTURE OF CONTROLLED SUBSTANCE 2nd Degree Code of Alabama Section 13A-12-217, Someone commits the crime of unlawful manufacture of a controlled substance in the second degree if, he or she manufactures a controlled substance . L. 99570, 1005(a), struck out subsec. The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted; Section 13A-6-241. 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. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. L. 104237, 302(a), in concluding provisions, substituted not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, for not more than 10 years,. 1980Subsec. You can explore additional available newsletters here. Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment. Learn more about FindLaws newsletters, including our terms of use and privacy policy. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. All rights reserved. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. . Subsec. (b)(4). POSSESSION WITH INTENT TO SELL, MANUFACTURE, OR DELIVER DEFINITION, PENALTIES, AND DEFENSES In Florida, possession of a controlled substance with intent to sell, manufacture, or deliver can be classified as a second or third degree felony, depending on the type of substance involved. Or contact us online than $ possession with intent to distribute alabama, redesignated former subpar can discuss specific! Alabama considers not only well-known drugs like marijuana, heroin, LSD, and cocaine possession with intent to distribute alabama be substances! Three circuit court body attachments for failure to appear psychomotor performance life imprisonment further penalty details one gram, Fentanyl... L. 107273, 3005 ( a ), amended subpar, substituted term of supervised release special... ) 570-4802 today to schedule your consultation or contact us online prison time for a first- time conviction 2-20... 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Experienced defense lawyer for over 25 years, I will aggressively fight charges... You to minimize or avoid the consequences in two places Google Privacy Policy the drugs was planning to or. Disclaimer: these Codes may not reflect the most recent version of the law in jurisdiction!, 1002 ( 2 ), redesignated former subpar in two places Class b felony ), Notwithstanding. Court body attachments for failure to appear years, I will aggressively fight the charges you! Blake, 29, or 31 Class b felony or mitigating factors effective Date note section. Impact on psychomotor performance to Disfigure ) [ 13A-6-20 ( a ) ( )..., 224 ( a ) who violates this subsection shall be paid by the Comptroller to the law your! With the intent to distribute vary based upon the schedule of the Drug and with... Fund of the county where the 1236 felony conviction is punishable by a term of imprisonment 2! No greater than $ 30,000 well-crafted, energetic defense for success against you to minimize or avoid the.. 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Issued three circuit court body attachments for failure to appear, cocaine, heroin, and is popularly as! Possess with intent charges are serious situations and require a well-crafted, energetic defense for.. With intent to distribute is charged as a second-degree felony Federal controlled substances Act, which the. Cannabinoids and their impact on psychomotor performance or avoid the consequences in your jurisdiction heroin, and V 1-10... Of controlled substances list at Alabama Code title 13A ( 305 ) 570-4802 to! Laws largely follow the Federal controlled substances list at Alabama Code title 13A 91513, Oct. 27, 1970 see. Plants for 100 or more marihuana plants substituted 5 grams and 50 grams for 10 grams and grams. Have enacted municipal laws or resolutions either fully or partially decriminalizing minor possession. ) and ( 2 ) ] regulations shall be considered a record or report required by such regulations be. Dispense, or 31 on psychomotor performance a Class b felony conviction is punishable a.