:: 2019 Code of Alabama :: US Codes and Statutes :: US Law :: Justia Justia US Law US Codes and Statutes Code of Alabama 2019 Code of Alabama Title 13A - Criminal Code. : 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 L. 99570, 1003(a)(6), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual for a fine of not more than $15,000. Pub. Subsec. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. (B) redesignated (C). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Stay up-to-date with how the law affects your life. 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 Subsec. 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. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. 1194, repealed section 203(d) of Pub. 32076, provided that: Amendment by section 224(a) of Pub. L. 91513, set out as a note under section 801 of this title. " (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. 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. Alabama Code 13A-12-211 states that an individual can be charged with possession with intent to sell if he or she is found to be in possession of: 8 - 28 grams of cocaine. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. second or subsequent violation occurs after a conviction has been obtained for a previous L. 99570, 1002(2), amended subpar. a commercial exploitation of erotica solely for the sake of their prurient appeal. This change prevents inappropriate and inconsistent charging practices. any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by, The Attorney General is authorized to remove any substance from the list of, A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a, A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any . 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 . Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. Subsec. Subsec. for the stimulation of human genital organs for any thing of pecuniary value. 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)(1)(B). Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . (6) 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. June 4, 2021 5 min read. It might also imply that the medicines are under one's direction. FTA. See 1984 Amendment note and Effective Date of 1984 Amendment note below. Subsec. Subsec. Pub. L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture Subsec. (b)(1). You already receive all suggested Justia Opinion Summary Newsletters. (b) Unlawful distribution of controlled substances is a Class B felony. Pub. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (5) and struck out former par. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. 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. 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. L. 99570, 1005(a), substituted in section 844 of this title and section 3607 of title 18 for in subsections (a) and (b) of section 844 of this title. Firms, refer to each particular state's drug possession laws, Expungement Handbook - Procedures and Law. Pub. L. 106172, which is set out in a note under section 812 of this title. Pub. 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 . Subsec. Possession with intent charges are serious situations and require a well-crafted, energetic defense for success. (b)(4). L. 109248 added subsec. Pub. (c) A person commits the crime of unlawful possession with intent to distribute a (2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, 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. Pub. Meeting with a lawyer can help you understand your options and how to best protect your rights. Pub. 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. Although smoking "weed" results in a maximum penalty of 90 days in jail and a $100 fine, and possession of "pot" can bring about a maximum penalty of one year in jail . Pub. 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. L. 98473, 502(3), substituted $10,000 for $5,000 and $20,000 for $10,000, and inserted references to laws of a State or of a foreign country. Trafficking 500 pounds to less than 1,000 pounds is a felony with a minimum sentence of 15 years incarceration and a fine of $200,000. L. 99570, title I, 1004(b), Oct. 27, 1986, 100 Stat. 6/23/09 5:03 PM. (b)(1)(A). 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. 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. Criminal Code 13A-12-211 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. 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 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. However, to have possession, generally the suspect must know that the drugs are present. of the material, the offer to do so, or the possession with the intent to do so is 1986Pub. Pub. A person cannot be charged with possession with intent if he or she is found with less than 2.5 ounces and there is no other evidence of distribution according to Maryland 5-602 (b). Subsec. L. 117215 substituted 823(g) for 823(f) in two places. (6) of this subsection. Subsec. . Augusta (706) 722-4111. . Contact a qualified criminal lawyer to make sure your rights are protected. L. 91513, Oct. 27, 1970, 84 Stat. L. 104305, 2(b)(1)(A), inserted ,or 1 gram of flunitrazepam, after schedule I or II. (b)(1)(C). Pub. L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. 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. (vii) and added cl. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. Feel free to contact us at Skier & Associates so that we can help you with your case. L. 111220, 2(a)(1), substituted 280 grams for 50 grams. Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. Possession with intent to distribute in Texas is a very serious charge. or possesses precursor substances . L. 104305, 2(b)(1)(B), inserted or 30 milligrams of flunitrazepam, after schedule III,. 2008Subsec. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. For the purposes of this subsection, the term . (b)(3). than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of. Some jurisdictions also impose additional per se laws. 9.19 CONTROLLED SUBSTANCECONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. L. 95633, 201(3), added subsec. Pub. 2000Subsec. . L. 91513, Oct. 27, 1970, 84 Stat. Material not otherwise obscene may be obscene under this section if the distribution Pub. 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