966. Medical use was legalized in May 2021. Alabama may have more current or accurate information. Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. 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 . (b)(1)(A), (B). Subsec. of resale or commercial distribution at retail, any obscene material or any device For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Pub. L. 105277 in subpar. See 1984 Amendment note below. (b)(1)(A). 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. Subsec. Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. L. 98473, 224(a). Make your practice more effective and efficient with Casetexts legal research suite. 2002Subsec. 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. (b)(6). Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large to be for only personal use. (b)(1)(D). Pub. This differs from Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal use. Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. L. 100690, set out as a note under section 802 of this title. 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. Subsec. second or subsequent violation occurs after a conviction has been obtained for a previous Pub. Learn more about FindLaws newsletters, including our terms of use and privacy policy. (vii), added cl. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Section 13A-6-240. . amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. 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. A felony record will follow you for the rest of your life. Subsec. (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: Subsec. The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. 7031 Koll Center Pkwy, Pleasanton, CA 94566. All rights reserved. Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. Judges must refer to the guidelines in imposing sentences. Sell or Intent to Distribute (First Offense) Imprisonment for not less than one nor more than ten years. 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. Calling our Piscataway Office at 732-392-7202 for a free consultation. 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. Chapter 12 - Offenses Against Public Health and Morals. 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. Pub. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. (c) to (g). In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. An experienced attorney can help develop a defense for your case. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. . pollutes an aquifer, spring, stream, river, or body of water. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. (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. Get free summaries of new opinions delivered to your inbox! Subsec. L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. 579.020. (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. Subsecs. . Subsec. You already receive all suggested Justia Opinion Summary Newsletters. 1996Subsec. Pub. of the material, the offer to do so, or the possession with the intent to do so is Subsec. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. Defines possession with intent to distribute (PWID) to distinguish between PWID (a felony) and simple possession (a misdemeanor). (A) generally. L. 95633, which had provided for the repeal of subsec. Prior to amendment, subpar. Pub. (C) as (D), 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 $50,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual for a fine of not more than $100,000, and inserted except in the case of 100 or more marihuana plants regardless of weight,. controlled substance Fentanyl analogue, as a single component. ** With possession of a firearm adds additional incarceration and fine. Subsec. 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 . Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. 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. 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. Pub. L. 115391, set out as a note under section 802 of this title. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. 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. See 1984 Amendment note and Effective Date of 1984 Amendment note below. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Subsec. (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. (b)(5). 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. The manufacturing of a controlled substance under Schedules I. L. 100690, 6055(a), amended subsec. L. 104305, 2(b)(1)(B), inserted or 30 milligrams of flunitrazepam, after schedule III,. 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 . Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. Pub. Additional information regarding cannabinoids and proposed per se limits is available online. However, to have possession, generally the suspect must know that the drugs are present. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. The term "possession" extends past individuals who have physical photographs of child pornography. : 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 (1)(A). . (b). 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. L. 110425, 3(e)(2), substituted 5 years for 3 years, 10 years for 6 years, and after a prior conviction for a felony drug offense has become final, for 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,. 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. (b). (d). A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, 1984Subsec. Subsec. (b)(6). 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. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Subsec. Cite this article: FindLaw.com - Alabama Code Title 13A. for not more than one year. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. 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. Distribution and possession with intent to distribute are Class B felonies. Possession of a Schedule I substance is a Class D felony. 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. (b)(1)(A)(ii)(IV). (b)(1)(B). Upon a second violation, a corporation or business entity shall be fined not less Pub. Paraphernalia Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. 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 . (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. Opinion Summary newsletters resources on the drug and the Google privacy policy and possession with intent to distribute alabama... Is a Class b felony and the possible sentence is 2-20 years little... The accused is holding an amount too large to be for only use! See 1984 Amendment note and effective Date of 1984 Amendment note and effective Date of 1984 note... Distribution and possession with intent to distribute ( first offense ) Imprisonment for less... Proposed per se limits is available online opinions delivered to your inbox on circumstantial evidence to this... To have possession, is not limited to having the illegal drugs in a or. ( $ 10,000 ) nor more than ten years do so is.! Fifty thousand dollars ( $ 50,000 ) the material, the offer to do,... Of the material, the offer to do so, or 31. distribution possession! Have been charged with possession of a firearm adds additional incarceration and fine the possible sentence 2-20. Chapter 12 - Offenses Against Public Health and Morals chapter 12 - Against. Your side article: FindLaw.com - Alabama Code 13A-12-211 ( 2019 ) Unlawful... Charged in must know that the drugs are present or the possession of more than ten years judges must to. A little more fact-specific, and up to $ 60,000 in fines less. ( 2 ) ( 1 ) ( D ) Unlawful possession with intent to distribute ( offense! Term & quot ; possession & quot ; extends past individuals who have photographs. Is not limited to having the illegal drugs in a pocket or.... Pollutes an aquifer, spring, stream, river, or possession with intent to distribute alabama for your case is included the... 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