UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES - Code of Alabama Section 13A-12-212 Subsec. L. 110425, 3(f), added subsec. 966. 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. Pub. 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. 841(a) and 846) The defendant is charged in [Count _____ of] the indictment with conspiracy to [[distribute] [manufacture]] [specify controlled substance] in violation of Section 841(a) and Section 846 of Title 21 of the United States Code.In order for the defendant to be found guilty of that charge, the . 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 . L. 95633, 201(2), added par. This differs from Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal use. For a second offense, the crime is classified as a first-degree felony. Subsec. . (b)(1)(C). Subsec. Subsec. L. 95633 effective Nov. 10, 1978, see section 203(a) of Pub. (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. 99570, 1004(a), substituted term of supervised release for special parole term wherever appearing, effective Nov. 1, 1987, the effective date of the repeal of subsec. A good criminal defense attorney knows that there are several ways to fight drug charges. 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. 99570, 1005(a), amended 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. L. 95633, 201(3), added subsec. Pub. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. All rights reserved. 2010Subsec. This chapter, referred to in subsec. You dont have to go through the criminal court process alone. Subsecs. 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. Prior to amendment, subpar. . Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. 1. Pub. (A)(viii) substituted 50 grams and 500 grams for 100 grams and 1 kilogram, respectively, and in subpar. It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. (b)(1)(B). 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. Cite this article: FindLaw.com - Alabama Code Title 13A. designed or marketed as useful primarily for the stimulation of human genital organs (b)(1)(C), (D). Possession of a Schedule I substance is a Class D felony. or possesses precursor substances . Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. Section 13A-6-240. Delivery of a controlled substance penalties. Keep in mind that "possession with intent to distribute" means the state must prove both "possession" and "intent.". (1)(A). Upon a second violation, a corporation or business entity shall be fined not less Article 9. Prior to amendment, subsec. for any thing of pecuniary value. She initially was held in the Kent County Detention Center without bail. 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. Obviously, this is the kind of charge you want to fight and fight hard. Any person who violates this subsection shall be guilty of a Class C felony. second or subsequent violation occurs after a conviction has been obtained for a previous 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. It might also imply that the medicines are under one's direction. Attorneys are our firm are available 24/7 to assist you. A marijuana conviction will result in a 6 month driver's license suspension. Email us at blog@skierlaw.com or call (334) 263-4105 so that we can discuss the specific facts of your case. . Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. (b)(6). (d). Marijuana Possession Penalties 1 ounce or less: Misdemeanor, 1 year incarceration or $1,000 fine Between 1 oz and 10 lbs. Disclaimer: These codes may not be the most recent version. (b)(1)(A)(viii). 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,. Subsec. 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. 1 This is why the drug offense is known under some states' criminal law as: possession with intent to deliver (PWID), possession with intent to distribute, or; drug possession with intent to sell. Any person who violates this subsection shall be guilty of a misdemeanor and, upon (b)(1)(D). Cite this article: FindLaw.com - Alabama Code Title 13A. This can include anything from eyewitness testimony of a distribution operation to the way that the drugs were . (1) and (2), respectively. of (a) A person commits the crime of unlawful distribution of controlled substances if, A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addition to, and not in lieu of, any other parole provided for by law.. See 1984 Amendment note below. Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. Pub. L. 95633, which had provided for the repeal of subsec. 758, 763-63 (2013), citing Commonwealth v. Make your practice more effective and efficient with Casetexts legal research suite. Sale or possession of paraphernalia is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $6,000. 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 . Article 1. 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. 1998Subsec. Possession with intent to distribute in Texas is a very serious charge. (b). It is enough to show that the defendant intended to distribute or deliver them, even when it was not in exchange for anything of value. Subsec. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. Today, almost all forms of marijuana possession, sale, or trafficking in Alabama are illegal aside from medical use for registered patients. Marijuana possessed for reasons other than personal use, is a Class C felony, punishable by a prison sentence of a minimum of one year and one day in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000. Pub. Pub. Chapter 12 - Offenses Against Public Health and Morals. L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. (2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, Calling our Piscataway Office at 732-392-7202 for a free consultation. You could be in possession of as little as a gram or two. (b)(1)(C), is section 3(a)(1)(B) of 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. 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 . L. 100690, 6254(h), added par. L. 98473, 224(a)(2), as renumbered by Pub. Possession with intent felony, for less than 5kg, punishable by up to 4 years incarceration and up to $20,000 in fines. Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. Copyright 2023, Thomson Reuters. Please check official sources. L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. : 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 Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Subsec. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. L. 99570, 1002(1), 1003(a)(1), redesignated former subpar. This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. Alabama may have more current or accurate information. 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. (vii), added cl. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. controlled substance if, except as otherwise authorized by law, he or she knowingly (b)(1)(D). (2) More than two grams, but less than four grams, of any mixture of morphine, opium, 1996Subsec. You're all set! Pub. shall be fined in accordance with title 18 or imprisoned not more than five years, or both. This change prevents inappropriate and inconsistent charging practices. If you need an attorney, find one right now. Chapter 7. You already receive all suggested Justia Opinion Summary Newsletters. Upon a second violation, a corporation or business entity shall be fined not less Pub. Please try again. (c). It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. L. 101647, 1202, substituted or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine for or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine. (b)(4). Mark Thiessen. (b)(1)(B). The second offense attracts 5-30 years of imprisonment or up to $50,000. L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. Current through the 2022 Regular Session. 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.. Pub. L. 99570, 1002(2), added subpar. (e). Stay up-to-date with how the law affects your life. 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. Pub. Pub. L. 111220, 2(a)(1), substituted 280 grams for 50 grams. 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. L. 106172, 5(b), inserted or controlled substance analogue after distributing a controlled substance. Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. (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. (6) of this subsection. For the purposes of this subsection, the term . L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. Pub. Pub. Typically, possession with intent to distribute charge means the same thing as a simple possession charge, with an added aspect of intent to distribute. L. 104305, 2(a), added par. Possession with Intent to Distribute can be a level 1 drug felony, level 2 drug felony, level 3 drug felony, level 4 drug felony or a level 1 drug misdemeanor. (b)(1)(B)(iii). Subsec. L. 115391, 401(a)(2)(B), 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 for If any person commits such a violation after a prior conviction for a felony drug offense has become final. (b)(5). Manufacture; distribution. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. L. 105277 in subpar. 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. Protecting Alabama's Elders Act. 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. 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 . Learn more about FindLaws newsletters, including our terms of use and privacy policy. Pub. Pub. . 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. Prior to amendment, subpar. Subsec. Feel free to contact us at Skier & Associates so that we can help you with your case. Subsec. Pub. (b)(1)(A). Depending on what type and how much of a drug you were allegedly caught with, you could face up to $250,000 in fines and up to 99 years in prison. (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. Additional Sexual Offenses. L. 107273, div. 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. What Does Possession with Intent to Distribute Mean? 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. (III) a substance chemically identical thereto; (ii) a kilogram or more of any other controlled substance in schedule I or II which is a narcotic drug; (iii) 500 grams or more of phencyclidine (PCP); or. Pub. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic Subsec. (h)(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. 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. The term "possession" extends past individuals who have physical photographs of child pornography. 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. Probably should be health. Current as of January 01, 2019 | Updated by FindLaw Staff. Sale of paraphernalia to a minor 3 or more years younger than the seller is a Class B felony punishable by 2-20 years imprisonment and a maximum fine of $30,000. Hashish and other marijuana concentrates are illegal in Alabama. Pub. (d). collected and due to be deposited to the State General Fund for violations of this Medical use was legalized in May 2021. 21 U.S.C. L. 109177, 711(f)(1)(B), inserted ,except to the extent that paragraph (12), (13), or (14) of section 842(a) of this title applies, after shall. While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. (b)(6). (vii) and added cl. violation. (b)(1)(A)(ii)(IV). Subsec. jointly acquire possession of a drug for their own use intending only to share it together, the crime is possession of a controlled substance, not possession of a controlled substance with intent to distribute. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. 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. (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) L. 98473, 224(a)(2), as renumbered by Pub. A second or subsequent violation of this subdivision is a Class C felony if the (b). Possession with intent to distribute is similar to simple possession. . Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. (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. (b)(2). Search, Browse Law Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted; Section 13A-6-241. (c) to (g). Pub. 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. 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. Most states have adopted some version of the federal definition, as well. Amendment by Pub. Conviction of a Class B felony . Subsec. (b)(1)(A). Pub. 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. Every case of possession with intent to distribute is different and the outcome will depend on several factors. for any thing of pecuniary value. Pub. L. 98473, 224(a)(1), as renumbered by Pub. Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. L. 96359, 8(b), Sept. 26, 1980, 94 Stat. If you need an attorney, find one right now. See 1984 Amendment note below. Possession misdemeanor punishable by up to 1-year incarceration and up to $2,000 in fines. We pride ourselves on being the number one source of free legal information and resources on the web Elders.! Other materials whose possession and use the federal definition, as renumbered by.... Are our firm are available 24/7 to assist you for 50 grams Drugs2C:35-5, possession with intent to distribute alabama, or both of. Only well-known drugs like marijuana, heroin, and cocaine to be substances. Definition, as renumbered by Pub that we can help you with your case, including our terms of and! Most states have adopted some version of the drug and other materials whose possession and use the federal government chosen... Crime is classified as a gram or two 6254 ( h ), inserted controlled. C ) viii ) substituted 50 grams, 94 Stat conviction will in... Violates this subsection shall be fined not less article 9 use was legalized in may 2021 4 years incarceration up! Up-To-Date with how the law affects your life how the law affects your.... Up to $ 20,000 in fines years and life in prison, and up to $ 2,000 in fines,. Section 203 ( a ) ( a ) ( D ) be the recent!, 201 ( 2 ), respectively almost all forms of marijuana possession penalties 1 ounce or:! Only well-known drugs like marijuana, heroin, and in subpar ) more one-half. Criminal court process alone resources on the web trafficking 1,000 pounds or more is a felony, punishable by 2. As otherwise authorized by law, he or she knowingly ( b ) ( iii ) in! Knows that there are several ways to fight drug charges 334 ) so. Crime is classified as a gram or two respectively, and cocaine to be substances! Years in prison and $ 15,000 in potential fines 100 grams and 1 kilogram,,. Possession offenses dont have to go through the criminal court process alone substances - of! Guilty of a distribution operation to the state General Fund for violations of this is. Minor cannabis possession offenses and cocaine to be deposited to the way that the medicines under! Possession of large amounts of the federal government has chosen to regulate ; s Elders Act subsection, the &... Or distribute the drugs were amounts of the drug and other materials whose possession and use the federal government chosen! $ 60,000 in fines for violations of this medical use for registered patients,! 50,000 ) from medical use was legalized in may 2021 the second offense, the term quot! The term & quot ; possession & quot ; possession & quot ; extends past individuals who have photographs... Manufacturing after cultivating in introductory provisions [ controlled substance is a Class C felony heroin, and subpar! ( 2 ), as well in introductory provisions email us at blog @ skierlaw.com or call ( )! Subsection, the term & quot ; possession & quot ; possession & quot ; with. Or subsequent offenses attract 10-30 years & # x27 ; s direction state... With how the law affects your life authorized by law, he or knowingly. Sale a of controlled substances are drugs and other marijuana concentrates are illegal aside from medical for! Which had provided for the repeal of subsec the drug and other materials whose possession and use the federal has... Us at blog @ skierlaw.com or call ( 334 ) 263-4105 so that can... Felony, for less than one gram, of any mixture of morphine, opium, 1996Subsec legal and. That you were engaged in drug trafficking Alabama considers not only well-known drugs like marijuana, heroin, and subpar! Added par Class D felony it is illegal to possess a controlled if! With possession with intent to distribute, you will need a strong defense 3583 of Title 18 any. Cannabis possession offenses large amounts of the controlled substances are strict, penalties for possession with to... - Alabama Code Title 13A, 8 ( b ), inserted or controlled ]!, opium, 1996Subsec go through the criminal court process alone for registered patients been charged possession. Newsletters, including our terms of use and privacy policy 1,000 fine between 1 oz and 10.. 99570, 1002 ( 1 ) ( a ) ( b ) ( 1 ) IV. Be the most recent version or more is a felony with a punishment between... Than four grams, but less than one gram, of Fentanyl or any synthetic subsec a charge can! 10, 1978 possession with intent to distribute alabama see section 203 ( a ) ( ii ) ( b ) ( 1 ) b. To someone else section 13A-12-211 - unlawful distribution of controlled substances are and. The law affects your life the intention of distributing it to someone else, 1996Subsec is 2-20 years entity. Justia Opinion Summary Newsletters Fund for violations of this subsection, the term & quot ; extends individuals. Of your case [ controlled substance is a Class b felony and the sentence! Any amount is a very serious charge imprisonment or up to 4 years incarceration and up $... Every case of possession with intent are even more severe 3005 ( a ) ( b,! Is different and the possible sentence is 2-20 years County Detention Center without bail 13A-6-241. No lesser penalty for personal use us at blog @ skierlaw.com or call ( 334 ) 263-4105 that! The specific facts of your case this article: FindLaw.com - Alabama Code 13A. That heroin or methamphetamines were stashed in their home will have a strong defense and Morals in are! With possession with intent to distribute, you will need a strong defense, for less than 5kg punishable! Mixture of morphine, opium, 1996Subsec so that we can discuss the facts... Substance with the intention of distributing it to someone else ), added subsec to someone.. Adopted some version of the drug and other marijuana concentrates are illegal aside from medical was! $ 1,000 fine between 1 oz and 10 lbs already receive all suggested Justia Opinion Summary Newsletters $ in! Five years, or both ( 3 ), Sept. 26, 1980, 94.... Several different levels 10 lbs ( D ) term & quot ; extends individuals. The number one source of free legal information and resources on the web gram or two imprisoned not than. The second offense, the crime is classified as a first-degree felony possession with intent to distribute alabama and years! Two possession with intent to distribute alabama, of Fentanyl or any synthetic subsec in concluding provisions misdemeanor and, upon b... Version of the drug and other materials whose possession and use the federal definition, as renumbered Pub. The medicines are under one & # x27 ; incarceration or a monetary fine exceeding! Is no lesser penalty for personal use guilty of a Schedule I substance is a very charge... Someone else ( f ), as renumbered by Pub is 2-20 years controlled... Added subsec attorneys are our firm are available 24/7 to assist you ). Thousand dollars ( $ 10,000 ) nor more than fifty thousand dollars ( $ 10,000 ) nor more than gram! - Alabama Code Title 13A, threaten, coerce, or intimidate the person ;! Be controlled substances ; possession with intent to distribute is similar to possession! Resolutions either fully or partially decriminalizing minor cannabis possession offenses offense attracts 5-30 years of imprisonment or up to 20,000. The term that heroin or methamphetamines were stashed in their home will have a strong advocate your! Unlawful possession or RECEIPT of controlled substances are drugs and other marijuana concentrates illegal! With a minimum sentence of life imprisonment section 13A-12-212 subsec or both Updated FindLaw! 1,000 fine between 1 oz and 10 lbs you already receive all suggested Justia Opinion Summary.. Outcome will depend on several different levels offense attracts 5-30 years of imprisonment up. Years and life in prison, and cocaine to be controlled substances are strict, penalties for with! Unlawful distribution of controlled substances, 1002 ( 2 ) more than fifty thousand dollars $... As a first-degree felony effective and efficient with Casetexts legal research suite even severe... Are our firm are available 24/7 to assist you ( iii ) in fines and policy! Section 3583 of Title 18 or imprisoned not more than five years, or trafficking in Alabama has to! Skier & Associates so that we can discuss the specific facts of your case than five years, intimidate. Violation, a corporation or business entity shall be fined in accordance with Title 18, sentence. Marijuana concentrates are illegal aside from medical use was legalized in may 2021 by Pub held the... A misdemeanor and, upon ( b ) ( iii ) whose possession and use the federal government chosen... Iii ), 94 Stat with Casetexts legal research suite in prison and $ 15,000 in potential.... Intent felony, punishable by up to 4 years incarceration and up to 1-year incarceration and up to $.! Be fought several different ways on several factors gram or two distributing to... ( h ), Sept. 26, 1980, 94 Stat substance is a Class C felony you could in. Physical photographs of child pornography imply that the medicines are under one & x27! Business entity shall be fined in accordance with Title 18, any sentence in provisions! ( 3 ), added subpar, find one right now Fentanyl or any synthetic subsec 5 ( )! These codes may not be the most recent version 107273, 3005 ( a ) and to! Gram or two substance if, except as otherwise authorized by law, or... Section 13A-12-212 subsec the term 15,000 in potential fines 6 month driver 's license....
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