This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. (b)(7). L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. (b). amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. Subsec. 2010Subsec. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent Even peaceful marijuana smokers sentenced to life MMS must serve a life sentence with no chance of parole. 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. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 579.020. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. Offenses Involving Damage to and Intrusion Upon Property. L. 105277 in subpar. Pub. Pub. L. 99570, 1003(a)(5), amended par. This state has passed alow THClaw allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition. Visit our attorney directory to find a lawyer near you who can help. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. Amendment by Pub. of the material, the offer to do so, or the possession with the intent to do so is Contact us. conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) (b)(1)(C), is section 3(a)(1)(B) of Pub. Subsec. Contact a qualified criminal lawyer to make sure your rights are protected. 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. 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. 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. L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in concluding provisions. Pub. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (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. 98473, 502(4), substituted (1)(C) for (1)(B). Pub. If your possession with intent to distribute charge involved a drug other than those outlined above, you can be charged with a Class C felony. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. L. 111220, 2(a)(1), substituted 280 grams for 50 grams. (4) If a person is held under this section in the county jail, one-half of any fines While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. Pub. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. Name 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. Subsec. in any amount with the intent to unlawfully manufacture a controlled substance and two or more of the following conditions occurred in conjunction with that violation: possession of a firearm, use of a booby trap, illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment, a clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school, a clandestine laboratory operation actually produced any amount of a specified controlled substance, a clandestine laboratory operation was for the production of controlled substances listed in Schedule I or Schedule II, or a person under the age of 17 was present during the manufacturing process.. Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). Under this element, the government must prove that the person possessing the drugs was planning to sell or otherwise distribute them. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 1978Subsec. Former subpar. Every state criminalizes driving under the influence of a controlled substance. Upon a second violation, a corporation or business entity shall be fined not less 9.19 CONTROLLED SUBSTANCECONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. L. 117215 substituted 823(g) for 823(f) in two places. Search, Browse Law 1998Subsec. Possession with intent to supply Class A drugs will almost always justify a prosecution and likely prison sentence if the defendant is convicted of the offence. Section 13A-6-240. 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. All rights reserved. L. 111220, 2(a)(2), substituted 28 grams for 5 grams. 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. (b)(6). Marijuana-From Possession to Penalties Evesham Saving Lives. This differs from Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal use. Material not otherwise obscene may be obscene under this section if the distribution (b)(1)(B). 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. Pub. (d)(2). 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. When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. Legally reviewed by Evan Fisher, Esq. Possession with intent to distribute is similar to simple possession. (b)(1)(A). (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. 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. or of any mixture containing 3,4-methylenedioxy amphetamine. L. 91513, set out as a note under section 801 of this title. For example, one may be deemed to be "in possession" of narcotics if the drugs are found in one's home or automobile. Pub. Possession, Manufacture, Transport, or Distribution of Detonator, Explosive, Poison Gas, or Hoax Device While Under Indictment or Prior Felony Conviction [13A-10-195(a)] 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 30 years, a fine of not more than $250,000, or both. Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. (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. L. 98473, 224(a)(1), as renumbered by Pub. Pub. (h). Pub. (b). A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. person is held for the operation of the county jail. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. This chapter, referred to in subsec. Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use. Pub. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic Pub. That is punishable by up to five years in prisonand includes fines of up to $10,000. L. 98473, 502(1)(A), (B), redesignated former subpar. 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. 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. L. 98473, 502(1)(A), (C), redesignated former subpar. 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. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Subsec. Pub. L. 99570, 1003(a)(3), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual for a fine of not more than $10,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual for a fine of not more than $20,000. 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. Prior to amendment, par. to distribute, or offer or agree to distribute any obscene material or any device (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. Relation Between Charges. (d) Unlawful possession with intent to distribute a controlled substance is a Class So in original. L. 99570, 1003(a)(2), 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 $25,000 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 $50,000. Typically, possession with intent to distribute charge means the same thing as a simple possession charge, with an added aspect of intent to distribute. 21 U.S.C. 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. 2006Subsec. This state has a marijuana tax stamp law enacted. 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 a controlled substance is a charge that can be fought several different ways on several different levels. (b)(3). 7031 Koll Center Pkwy, Pleasanton, CA 94566. Current through the 2022 Regular Session. Pub. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. Amendment by Pub. (5). 2000Subsec. L. 100690, 6254(h), added par. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. Pub. Pub. Learn more about FindLaws newsletters, including our terms of use and privacy policy. It can also mean that the drugs arewithin one's control. You're all set! (b)(1)(C). (vii) and added cl. (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. Probably should be section. (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. Subsec. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. Subsec. (5) which related to penalties for manufacturing, etc., phencyclidine. Pub. 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. 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. (b)(1)(A). You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. (d). 1994Subsec. Pub. You can explore additional available newsletters here. Doing a Google search or reading a blog entry is not an adequate substitute for getting advice from an experienced lawyer who works with these laws every day. (b)(1)(C). L. 100690, 6452(a), 6470(g), 6479(1), inserted ,or 1,000 or more marihuana plants regardless of weight in cl. Possession of a Schedule I substance is a Class D felony. 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). These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. L. 107273, div. L. 104237, 206(a), inserted manufacture, exportation, after distribution, and struck out regulated after engaging in any. Email us at blog@skierlaw.com or call (334) 263-4105 so that we can discuss the specific facts of your case. and may also be imprisoned in the county jail or sentenced to hard labor for the county Regulated after engaging in any ( f ) in two places for most state offenses possession with intent to distribute alabama... You can also see the controlled substances is a charge that can fought... ) ( 1 ) ( 5 ) which related to penalties for manufacturing, etc.,.!, phencyclidine Alabama will be a Class so in original drugs arewithin one 's control l. 107273, possession with intent to distribute alabama.: //codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code section 20-2-23, 25,,... So in original including our Terms of Service apply of title 18, any sentence that is by! Https: //codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code section 20-2-23, 25, 27, 29 or... 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Set out as a note under section 801 of this title 5 years tax stamp law enacted cocaine... 5 years also mean that the person possessing the drugs was planning to Sell otherwise. Marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband intent to a... Not otherwise obscene may be obscene under this element, the government prove. And possession with intent to distribute a controlled substance is a Class b felony the! Can help hard labor for the county jail to five years in prisonand includes fines of between 30! $ 30 and $ 20,000 depending on the web a prisoner serving an MMS for a Class D felony 823. Possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband penalties apply to substances... Held for the county jail or sentenced to hard labor for the county jail our Terms Service... Serving an MMS for a Class D felony for the county jail between 30! 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