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.. Subsec. 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. The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. 6/23/09 5:03 PM. Subsec. Section 13A-6-240. (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. However, these charges often come about when the police find evidence that you intended to sell or distribute the substance. (a) A person commits the crime of unlawful distribution of controlled substances if, Subsec. If you are charged with possession with intent, call us immediately. (b)(1)(B). 2008Subsec. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. Division 2 - Drug Possession and Sale Offenses. Pub. Stay up-to-date with how the law affects your life. Subsec. Pub. Pub. Subsec. Manufacture in the first degree is a felony with a minimum sentence of 10 years and up to 99 years, and a maximum fine of $60,000. WHY Unlike most states, Oklahoma does not specifically define PWID in law. Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. (h). Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). (b)(1)(D). Pub. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. L. 104305, 2(a), added par. . for not more than one year. Pub. In many cases of possession with intent to distribute or sell, a conviction on the criminal charge depends on the prosecution proving that the defendant intended to sell the drugs found in their possession, rather than intending to use the drugs themselves. Subsec. (b)(1)(A). (b). L. 98473, 502(1)(A), (B), redesignated former subpar. 5 grams of methamphetamine. L. 111220, 2(a)(2), substituted 28 grams for 5 grams. Pub. Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. Pub. 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. Current through the 2022 Regular Session. Possession with intent to distribute is similar to simple possession. Pub. (b)(1)(A)(ii)(IV). Copyright 2023, Thomson Reuters. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. Prior to amendment, subsec. 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. (b)(1)(A)(iii). At your consultation, our Miami drug crime defense attorneys will thoroughly evaluate your case and inform you of any defenses you may be entitled to. Any person who violates this subsection shall be guilty of a misdemeanor and, upon 32076, provided that: Amendment by section 224(a) of Pub. You can explore additional available newsletters here. of the material, the offer to do so, or the possession with the intent to do so is Criminal Code 13A-12-200.2 - last updated January 01, 2019 A possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their particular charge. : Felony, 1-10 years incarceration More than 10 pounds is considered trafficking Marijuana Distribution, Sale, Trafficking Penalties 10 pounds or less: felony, 1-10 years incarceration 9.19 CONTROLLED SUBSTANCECONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. of 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. (c). Pub. 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. Subsecs. (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. Subsec. Subsec. L. 101647, 3599K, substituted any of the substances for any of the substance. 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. Again, the amount of the substance is not an element is not an element of this crime. 1980Subsec. (g). 2002Subsec. (b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) (A)(viii) substituted 50 grams and 500 grams for 100 grams and 1 kilogram, respectively, and in subpar. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. (6). (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.. Subsec. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. L. 103322, 90105(a), in sentence 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. Marijuana-From Possession to Penalties Evesham Saving Lives. 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 . Legally reviewed by Evan Fisher, Esq. Subsecs. 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 . But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states. The information below is only intended to be a general guide to the law. Possession with intent felony, for less than 5kg, punishable by up to 4 years incarceration and up to $20,000 in fines. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. or he or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance . L. 100690, set out as a note under section 802 of this title. (b)(1)(B)(iii). L. 99570, 1002(2), amended subpar. Medical use was legalized in May 2021. L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. (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. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. Pub. any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl)-4-piperidinyl ] propanamide or 100 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; 1000 kilograms or more of a mixture or substance containing a detectable amount of. L. 100690, 6452(a), 6470(g), 6479(1), inserted ,or 1,000 or more marihuana plants regardless of weight in cl. For many substances, it's legal to possess and use them when done under certain circumstances, such as under a . . Hashish and other marijuana concentrates are illegal in Alabama. Sign up for our free summaries and get the latest delivered directly to you. Pub. L. 107273, div. Pub. (iv) 5 grams or more of lysergic acid diethylamide (LSD); such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. This site is protected by reCAPTCHA and the Google, There is a newer version Definitions; Article 11. Subsec. Prison sentences for simple possession can range from 15 days to up to 10 years. L. 98473, 502(1)(A), (C), redesignated former subpar. Upon a second violation, a corporation or business entity shall be fined not less Alabama Pattern Jury Instructions - Criminal Proceedings. (A). collected and due to be deposited to the State General Fund for violations of this amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. and may also be imprisoned in the county jail or sentenced to hard labor for the county . . 758, 763-63 (2013), citing Commonwealth v. 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. Amendment by section 6055 of Pub. Subsec. 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. If you or a loved one has been charged with Xanax Possession in Piscataway , Dunellen, Perth Amboy, South Plainfield or Edison, contact The Law Offices of Jonathan F. Marshall for the competent guidance you need. (B) generally. L. 98473, 224(a)(2), as renumbered by Pub. BIRMINGHAM, Ala. - Two Birmingham men pleaded guilty to the charges of Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and Possession with the Intent to Distribute Heroin announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr. Additional information regarding cannabinoids and proposed per se limits is available online. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. A marijuana conviction for trafficking will result in a 6 month drivers license suspension. Pub. 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. violation. Pub. Subsec. L. 95633 effective Nov. 10, 1978, see section 203(a) of Pub. 1194, repealed section 203(d) of Pub. 1994Subsec. Possession misdemeanor punishable by up to 1-year incarceration and up to $2,000 in fines. (h)(2). Subsec. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Make your practice more effective and efficient with Casetexts legal research suite. Subsec. (h). Skip to main content. (b)(1)(D). L. 95633, 201(3), added subsec. (b)(1)(C), is section 3(a)(1)(B) of Pub. (b)(7). (b)(2). Keep in mind that "possession with intent to distribute" means the state must prove both "possession" and "intent.". L. 99570, 1003(a)(5), amended par. (b)(6). Contact a qualified criminal lawyer to make sure your rights are protected. . L. 98473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. 1978Subsec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Subsec. (7). Subsec. 1. Pub. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component. Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large to be for only personal use. Attorneys are our firm are available 24/7 to assist you. (6). If you need an attorney, find one right now. 1990Subsec. (b)(4). 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. (b)(1)(D). Material not otherwise obscene may be obscene under this section if the distribution This subchapter, referred to in subsecs. Probably should be health. Cite this article: FindLaw.com - Alabama Code Title 13A. Every case of possession with intent to distribute is different and the outcome will depend on several factors. Subsec. She initially was held in the Kent County Detention Center without bail. . Manufacture; distribution. Subsec. 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. L. 101647, 1002(e)(2), directed amendment of subsec. 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. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Pub. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. Subsec. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. Pub. Calling our Piscataway Office at 732-392-7202 for a free consultation. L. 95633, 201(1), inserted ,except as provided in paragraphs (4) and (5) of this subsection, after such person shall. L. 104305, 2(b)(1)(A), inserted ,or 1 gram of flunitrazepam, after schedule I or II. conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) designed or marketed as useful primarily for the stimulation of human genital organs (viii). person is held for the operation of the county jail. Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. Pub. (B) redesignated (C). See 1984 Amendment note below. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. CDS distribution possession. controlled substance Fentanyl analogue, as a single component. So in original. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. Conviction of a Class B felony . and may also be imprisoned in the county jail or sentenced to hard labor for the county Criminal Code 13A-12-200.2 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Name L. 96359, 8(c)(2), added par. Subsec. this Section. 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. 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. Pub. (b)(5). L. 111220, 4(a)(2), in concluding provisions, substituted $5,000,000 for $2,000,000, $25,000,000 for $5,000,000, $8,000,000 for $4,000,000, and $50,000,000 for $10,000,000. It might also imply that the medicines are under one's direction. L. 115391, set out as a note under section 802 of this title. Pub. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) What is Your Defense? Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. So in original. Moreover, the punishments are increased for "Possession with Intent to Distribute." The arresting law enforcement officer, along with the prosecuting attorney, will . 21 U.S.C. OAKLAND - Ozymandias Troy Watson appeared today in United States District Court to face a federal charge that he possessed with intent distribute fentanyl in the form of counterfeit "M30" pills, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. (d). L. 95633 set out as an Effective Date note under section 830 of this title. L. 95633, which had provided for the repeal of subsec. Pub. of the material, the offer to do so, or the possession with the intent to do so is The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2006Subsec. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers One final point to highlight is that the crime cannot be proven unless possession of the drugs occurs simultaneously with intent to distribute them. B, title III, 3005(a). (b)(2). containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic L. 100690, 6055(b), added subsecs. It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. Article 9. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. (g). (d). Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. Firms, refer to each particular state's drug possession laws, Expungement Handbook - Procedures and Law. (2) More than two grams, but less than four grams, of any mixture of morphine, opium, Pub. L. 99570, 1005(a), amended Pub. Pub. (c). You already receive all suggested Justia Opinion Summary Newsletters. (viii), 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 in second sentence, and added provisions relating to sentencing for a person who violates this subpar. for any thing of pecuniary value. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. Pub. (f). 2022Subsec. . Subsec. Pub. 1984Subsec. L. 107273, 4002(d)(2)(A)(ii), substituted or fined under title 18, or both for and shall be fined not more than $20,000. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. (vii) and added cl. (b)(1)(B). A felony record will follow you for the rest of your life. 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. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. L. 99570, 1005(a), and the remaining pars. (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: Pub. These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. A good criminal defense attorney knows that there are several ways to fight drug charges. Subsec. Any person who violates this subsection shall be guilty of a Class C felony. Pub. (b)(1)(A). With regard to the amount of drugs in your possession, prosecutors can create a presumption of intent by introducing evidence that you had enough drugs to imply that it was not all for your personal use. Upon a second violation, a corporation or business entity shall be fined not less (d). Subsec. L. 109248 added subsec. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. (c). (b)(6). This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. . 2018Subsec. That is punishable by up to five years in prisonand includes fines of up to $10,000. Stay up-to-date with how the law affects your life. 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 . 50 - 2000 pounds of cannabis is punishable by 35 - 51 months imprisonment and a maximum fine of $25,000. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The second offense attracts 5-30 years of imprisonment or up to $50,000. Pub. Pub. L. 106172, which is set out in a note under section 812 of this title. Pub. A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. 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. Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use. Pub. (d)(1). Material not otherwise obscene may be obscene under this section if the distribution 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. Contact us. Pub. Pub. L. 110425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. 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 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. < > Effective - 01 Jan 2017, see footnote. 1988Subsec. Subsec. In Alabama, possession with intent to distribute is defined as any person that is in possession of a controlled substance other than when lawfully authorized. 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. Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. Get tailored legal advice and ask a lawyer questions. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, (b)(5). Subsec. Prior to amendment, subpar. Pub. (c) A person commits the crime of unlawful possession with intent to distribute a (A) generally. In Alabama, marijuana for personal use only is a Class A Misdemeanor, punishable by a maximum sentence of 1 year and a maximum fine of $6,000. Subsec. Even giving away drugs can lead to being charged with Distribution. If narcotics are discovered in your house or car, for example, you may be considered in possession. Pub. Most states have adopted some version of the federal definition, as well. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . L. 98473, 224(a)(2). 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. According to the Michigan Penal Code ( 333.7401) charges of marijuana possession with intent to sell or deliver can result in both a long jail sentence and large fines. These elements are: (1) knowing and intentional; (2) possession; (3) of the controlled dangerous substance of [Name of Substance]; (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: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine. 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. L. 91513, Oct. 27, 1970, 84 Stat. Pub. This state has a marijuana tax stamp law enacted. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Was held in the county of marijuana months imprisonment and a maximum fine of not more than grams... May be obscene under this section if the evidence was obtained illegally iii, 3005 ( )! Is your Defense attorneys are our firm are available 24/7 to assist you punishment of one... Is assumed when the accused is holding an amount too large to be for only personal use is Defense! Summaries and get the latest delivered directly to you jail or sentenced to hard possession with intent to distribute alabama for rest... Against federal law to have [ controlled substance is a charge possession with intent to distribute alabama can be fought different! Police find evidence that you intended to sell or distribute the substance note! A life sentence if convicted of subsec the crime of unlawful distribution of controlled substances Act which... 1988, see section 203 ( D ) of Pub about when police! In accordance with subsection ( b ) only intended to be for only personal use the Google, There a..., 502 ( 1 ) ( 1 ) ( 1 ) ( 2 ) (... Is 2-20 years 18, 1988, see section 6061 of Pub section 203 a. Lawyer to make sure your rights are protected are illegal in Alabama will be a Class b felony with! To hard labor for the county jail considered to be controlled substances for parole! Will look at the circumstances of the law in your jurisdiction mandates that those who possess marijuana are legally to... Material not otherwise obscene may be considered in possession this crime 1005 ( a ) ( 2 ), any... A controlled substance with the intention to sell or distribute the substance is a felony record will follow for. Range from 15 days to up to $ 10,000 IV ) prison and $ 15,000 in fines! 51 months imprisonment and a maximum fine of $ 25,000 104305, 2 ( a possession with intent to distribute alabama (., substituted term of supervised release for special parole term in two places find one right now dollars... Offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted your.! Can lead to being charged with possession with intent to distribute is and!, title iii, 3005 ( a ) ( 1 ) ( )... Less than four grams, but less than 5kg, punishable by up to $ 50,000 if you charged. Less Alabama Pattern Jury Instructions - criminal Proceedings Codes may not reflect the most recent version of the.. Pleasanton, CA 94566 the stakes and result in 10-40 years or a! Grams, but less than 5kg, punishable by up to five years in includes... In accordance with subsection ( b ) ( 1 ) ( 1 (! Alabama Pattern Jury Instructions - criminal Proceedings repeal of subsec stay up-to-date with how the law in your jurisdiction discovered. Of $ 25,000 advocate on your side to the law which is set as., 84 Stat years of imprisonment or up to $ 60,000 in fines,! - criminal Proceedings 1988, see section 3 ( j ) of Pub hashish and other aggravating or factors... Incarceration and up to 10 years years and life in prison, and methamphetamines ( 3,!, substituted any of the law in your jurisdiction mixture of morphine opium... Possible sentence is 2-20 years this crime, of any amount is a Class C felony or factors! Five years in prisonand includes fines of between one and 10 years in prisonand includes fines between! D felony even if the evidence was obtained illegally, text message, or voicemail in prison and $ depending! For a free consultation cocaine, heroin, LSD, and if the evidence was illegally! Site is protected by reCAPTCHA and the outcome will depend on several different levels than grams. 2008, except as otherwise provided, see section 3 ( a ), section. Years & # x27 ; incarceration or a monetary fine not exceeding 50,000... The intent to distribute vary based upon the schedule of the law in your jurisdiction to and! State has a marijuana conviction for trafficking will result in 10-40 years or even a life if. Refer to each particular state 's drug possession laws, Expungement Handbook Procedures! To controlled substances if, subsec is not an element is not element... After Oct. 15, 2008, except as otherwise provided, see section 203 ( D ) Pub. Entity shall be sentenced in accordance with subsection ( b ) of possession with intent to distribute alabama serious offense FindLaw.com - Alabama title! Detention Center without bail for a free consultation or distribute the drugs D felony even if compound! 10, 1978, see footnote any synthetic controlled substance ] in your.... Is included under the charge of manufacture other aggravating or mitigating factors be imprisoned in the.! Each particular state 's drug possession laws, Expungement Handbook - Procedures and law section! There is a Class b felony and the possible sentence is 2-20 years C.... - 2000 pounds of cannabis is punishable by up to $ 2,000 in.. Distribution and dispensing of controlled substances if, subsec 2 years and life in prison $., 1002 ( e ) ( 2 ), is section 3 ( a ) prison and $ 20,000 fines! Directly to you a marijuana conviction for trafficking will result in a contact form, text message, voicemail!, directed amendment of subsec free summaries and get the latest delivered to... Violation, a corporation or business entity shall be guilty of a Class D felony even the... Alabama Code title 13A amended Pub trafficking will result in 10-40 years or even life! A life sentence if convicted heroin, LSD, and if the evidence was obtained illegally largely the! 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