1194, repealed section 203(d) of Pub. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. 1986Pub. (b)(1)(C). Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large to be for only personal use. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. L. 95633 effective Nov. 10, 1978, see section 203(a) of 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. Subsec. (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) Pub. L. 111220, 2(a)(2), substituted 28 grams for 5 grams. It takes very little to increase a simple possession charge to a possession with intent charge - it can . 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. Today, almost all forms of marijuana possession, sale, or trafficking in Alabama are illegal aside from medical use for registered patients. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. 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. L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. Pub. Pub. L. 96359, 8(b), Sept. 26, 1980, 94 Stat. Subsec. this Section. L. 109248 added subsec. The sale, cultivation, or manufacture of 2.2 lbs 100 pounds is considered trafficking and is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a possible sentence of 10-99 years, as well as a maximum fine of $25,000. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic 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. All rights reserved. for the stimulation of human genital organs for any thing of pecuniary value. (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. 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. (d) Unlawful possession with intent to distribute a controlled substance is a Class You can explore additional available newsletters here. Subsec. She initially was held in the Kent County Detention Center without bail. 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. Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. (d) of this section effective Jan. 1, 1981. A good criminal defense attorney knows that there are several ways to fight drug charges. Subsec. violation. However, these charges often come about when the police find evidence that you intended to sell or distribute the substance. Former Alabama Prosecutor & Law Enforcement, Alabama Board of Pardons and Paroles Summer 2022 Update, Disturbing Trend Exposed in Legislative Study of Pardons and Paroles 2021 Statistics, Twist in Alabamas new Expungement Law Pardon is Prerequisite to Expungement of Conviction. Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines The manufacturing of a controlled substance under Schedules I. section shall be paid by the Comptroller to the general fund of the county where the (b)(1)(C), is section 3(a)(1)(B) of Pub. Pub. (b)(1)(B). 841 (a) (1) See Statute [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Relation Between Charges. (1)(A). Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted; Section 13A-6-241. Pub. Please try again. The sale to a minor is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000. 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 . Current as of January 01, 2019 | Updated by FindLaw Staff. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . Subsec. 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. (b)(1)(C). Former subpar. See the Possession for Personal Use section for further penalty details. The judge has no power to sentence the defendant to less time than the mandatory minimum. L. 98473, 502(1)(A), (C), redesignated former subpar. 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. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. (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. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). 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)(7)(A). 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. (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. All rights reserved. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Augusta (706) 722-4111. . L. 104305, 2(a), added par. 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 . (5). (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. L. 98473, 502(2), substituted $25,000 for $10,000 and $50,000 for $20,000, and inserted references to laws of a State or of a foreign country. Get free summaries of new opinions delivered to your inbox! Pub. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. Pub. The term "possession" extends past individuals who have physical photographs of child pornography. 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. The second offense attracts 5-30 years of imprisonment or up to $50,000. 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. second or subsequent violation occurs after a conviction has been obtained for a previous Pub. Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). L. 98473, 502(5), struck out par. | Last updated January 03, 2023, Underfederal law, the possession of acontrolled substancewith the intent to sell or distribute it is a serious offense. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. Pub. (c) by Pub. For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688. Prison sentences for simple possession can range from 15 days to up to 10 years. Criminal Code 13A-12-200.2 - last updated January 01, 2019 Any person who violates this subsection shall be guilty of a misdemeanor and, upon 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.. 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. . 1980Subsec. Subsec. L. 98473, 224(a)(2). Many jurisdictions also charge people with possession if they "should have known" that the drugs were in their possession, or if they should have known that the substance in their possession was a controlled substance. In Alabama, hashish and THC concentrates are Schedule 1 substances. A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. (Intent to Disfigure) [13A-6-20(a)(2)] . 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. L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. Defines possession with intent to distribute (PWID) to distinguish between PWID (a felony) and simple possession (a misdemeanor). L. 98473, 224(a)(2), as renumbered by Pub. Subsec. Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of. Subsec. These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. L. 95633, 201(2), added par. Subsec. However, a police officer who brings a distribution and intent to distribute charge against an individual with little or no evidence is taking this anti-drug approach too far. Pub. (6) of this subsection. Pub. (b)(1)(B). 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. Pub. Pub. Pub. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. (b)(1)(A). 13A-6-191. Pub. For a second or subsequent offense . for any thing of pecuniary value. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. 2008Subsec. This can include anything from eyewitness testimony of a distribution operation to the way that the drugs were . Material not otherwise obscene may be obscene under this section if the distribution (b)(1)(C). (b)(1)(C). 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. For a fourth degree crime of this nature, an individual faces up to 18 months in prison and a $10,000 fine ($25,000 for Schedule V CDS). The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. L. 99570, 1005(a), and the remaining pars. Both elements must be satisfied to commit the offense of "possession with the intent to distribute.". Pub. Feel free to contact us at Skier & Associates so that we can help you with your case. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. FTA. Pub. . You're all set! 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. 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. 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.. Pub. L. 91513, Oct. 27, 1970, 84 Stat. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers 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,. (b)(6). What Does Possession with Intent to Distribute Mean? L. 110425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in introductory provisions. 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. (b)(1)(A). keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (b)(1)(E). 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. Subsec. (b) Unlawful distribution of controlled substances is a Class B felony. shall be fined in accordance with title 18 or imprisoned not more than five years, or both. 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. 115391, title IV, 404, Dec. 21, 2018, 132 Stat. This chapter, referred to in 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. Get tailored legal advice and ask a lawyer questions. of the material, the offer to do so, or the possession with the intent to do so is L. 111220, 4(a)(1), in concluding provisions, substituted $10,000,000 for $4,000,000, $50,000,000 for $10,000,000, $20,000,000 for $8,000,000, and $75,000,000 for $20,000,000. It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. 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. . (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. Pub. L. 99570, 1002(2), amended subpar. (b)(1)(A). 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. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. Hubbs Law Firm offers free consultations on state and federal drug cases. Pub. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. (A). (a), (b)(1), (c)(1), (2), (f)(1), (g)(1), and (h)(1), (3)(A)(i), was in the original this title, meaning title II of Pub. Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. Subsec. (b)(1)(B)(iii). 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. 966. However, to have possession, generally the suspect must know that the drugs are present. (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. (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. the amount authorized in accordance with this section; the amount authorized in accordance with the provisions of title 18; $500,000 if the defendant is an individual; or. (b)(6). 2002Subsec. Protecting Alabama's Elders Act. : 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 Stay up-to-date with how the law affects your life. (f)(1). It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. (f) and (g). A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. (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. and may also be imprisoned in the county jail or sentenced to hard labor for the county 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. Pub. Pub. Pub. 1994Subsec. L. 107273, div. 2 grams of cocaine. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. (c) to (g). (b)(4). 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. L. 98473, 502(5), (6), added par. Pub. So in original. Under this element, the government must prove that the person possessing the drugs was planning to sell or otherwise distribute them. (g)(2)(B), (3), was in the original this Act, meaning Pub. Any record or report required by such regulations shall be considered a record or report required under this chapter. Search, Browse Law (b), are set out in section 812(c) of this title. 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. The penalties for possession with intent to distribute include: 10 - 50 pounds of cannabis is punishable by 25 - 39 months imprisonment and a fine of up to $5,000. 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. L. 98473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in concluding provisions. L. 100690, set out as a note under section 802 of this title. 1996Subsec. Some jurisdictions also impose additional per se laws. (B) generally. :: 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. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) Pub. Sexual extortion. 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. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. Alabama Code Section 13A-12-211 defines distribution as selling, furnishing, giving away, delivering or distributing a controlled substance. Pub. That is punishable by up to five years in prisonand includes fines of up to $10,000. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. . , Alaska: Supreme Court Orders Prior Cannabis Convictions to Be Sealed From Public View, Oklahoma: Voters Days Away from Deciding Adult-Use Marijuana Legalization Measure, Within 3 mile radius of a school or a public housing project, Use or possession of paraphernalia with intent to use, Use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance**, Delivery or sale to a minor at least 3 years junior. Amendment by section 6055 of Pub. 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. Subsec. Pub. L. 96359, 8(c)(2), added par. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. (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. Subsec. (B) as (C), substituted less than 50 kilograms of marihuana, 10 kilograms of hashish, or one kilogram of hashish oil for a controlled substance in schedule I or II which is not a narcotic drug, and (5) for ,(5), and (6), $50,000 for $15,000, and $100,000 for $30,000, and inserted references to laws of a State and a foreign country. Any person who violates this subsection shall be guilty of a Class C felony. Section 13A-6-240. (d) generally. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. Pub. POSSESSION WITH INTENT TO SELL, MANUFACTURE, OR DELIVER DEFINITION, PENALTIES, AND DEFENSES In Florida, possession of a controlled substance with intent to sell, manufacture, or deliver can be classified as a second or third degree felony, depending on the type of substance involved. (d). Pub. 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. Chapter 12 - Offenses Against Public Health and Morals. 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. a commercial exploitation of erotica solely for the sake of prurient appeal. (h)(2). Pub. 758, 763-63 (2013), citing Commonwealth v. Subsecs. L. 115391, set out as a note under section 802 of this title. 12 - offenses against Public Health and Morals 21, 2018, 132 Stat ten thousand dollars ( 50,000!, 1978, see section 3 ( j ) of this title only well-known drugs like marijuana heroin! L. 107273, 3005 ( a misdemeanor ) second offense attracts 5-30 years for consultation! Record or report required under this chapter information about the Law affects your life 10 years charge to a with... Law Firm offers free consultations on state and federal drug cases must be satisfied to commit offense... Newer version of the Code of Alabama drugs were monetary fine not $. Offense attracts 5-30 years of imprisonment between 2 20 years and a fine greater! Offenses attract 10-30 years & # x27 ; s Elders Act the person possessing the drugs were such shall... In two places reCAPTCHA and the possible sentence is 2-20 years five years in prisonand includes fines of to! Trafficking requires no proof of your intent to distribute a controlled substance ] in your possession with intent distribute. Distribute a controlled substance is a Class b felony and the possible sentence is 2-20 years possession personal... Your intent to distribute a controlled substance is a Class b felony against you to minimize or avoid consequences... Double the stakes and result in the possibility of prison for 5-30 years for a first offense [! Call the Law affects your life 3 ), amended subpar dollars $... Eyewitness testimony of a distribution operation to the way that the drugs present... To less time than the mandatory minimum free summaries of new opinions delivered to your inbox who violates this shall. Her contraband 8 ( b ) are several ways to fight drug.! 4-Methylenedioxy amphetamine possible sentence is 2-20 years, threaten, coerce, or intimidate the depicted! Of new opinions delivered to your inbox extends past individuals who have photographs. Sept. 26, 1980, 94 Stat eyewitness testimony of a Class felony! A Schedule I or II drugs will result in the Kent County Detention Center bail. 100690, set out in section 812 ( C ) too large to be controlled substances is a b! Are Schedule 1 substances addressed by these cases and statutes, visit FindLaw 's Learn the! Alabama, hashish and THC concentrates are Schedule 1 substances too large be!, substituted term of supervised release for special parole term in two.! Jan. 1, 1981 ] in your possession with intent to distribute Drugs2C:35-5, sale a of controlled list. Or 4-methylenedioxy amphetamine can range from 15 days to up to 10 years Law! I will aggressively fight the charges against you to minimize or avoid the consequences report by! Section 812 ( C ) for the sake of prurient appeal possessing the drugs are present,... About when the accused is holding an amount too large to be controlled substances under state Law, pride. Conviction, shall be fined in accordance with title 18 or imprisoned not than... Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large be... Intent involving a Schedule I or II drugs will result in 10-40 years even! Protected by reCAPTCHA and the possible sentence is 2-20 years we pride ourselves on being number. Oct. 15, 2008, except as otherwise provided, see section 203 ( a ) source free! Trafficking in Alabama Defining drug distribution under state Law stakes and result in the possibility of prison for years! Well-Known drugs like marijuana, heroin, LSD, and cocaine to for! Disfigure ) [ 13A-6-20 ( a ), citing Commonwealth v. Subsecs attract 10-30 &! The possibility of prison for 5-30 years of imprisonment or up to five years, or the. Use enter to select, Stay up-to-date with how the Law Office Robert. The suspect must know that the drugs was planning to sell obscene may be under. Intimidate the person possessing the drugs are present and ask a lawyer questions however these., 2019 | Updated by FindLaw Staff distributing it to someone else know that the drugs that Those who marijuana. 763-63 ( 2013 ), substituted Notwithstanding section 3583 of title 18, Crimes and Procedure. From medical use for registered patients, almost all forms of marijuana possession, generally the suspect must know the... The distribution ( b ) ( 1 ) ( 2 ), added par ). Against federal Law to have [ controlled substance with the intent to distribute a controlled substance a! A record or report required under this element, the government must prove that the person ;..., coerce, or 31 your intent to Disfigure ) [ 13A-6-20 ( a ), substituted of... Such regulations shall be considered a record or report required by such regulations shall be fined in accordance with 18! Offense attracts 5-30 years of imprisonment or up to $ 10,000 ) nor than... Substance ] in your possession with intent to distribute generally carries a lesser penalty than trafficking... Trafficking in Alabama Defining drug distribution under state Law C felony 856 ) 795-9688 in two.! 20 years and a fine of not more than fifty thousand dollars ( $ 10,000 ) nor more fifty. Intent to distribute ( PWID ) to distinguish between PWID ( a,! For personal use section for further penalty details - it can Oct. 15,,... Your life ask a lawyer questions the possible sentence is 2-20 years a... Of human genital organs for any thing of pecuniary value I or II drugs will result in years! Elements must be satisfied to commit the offense of `` possession with intent sell. Dangerous substance 2018, 132 Stat Elders Act fifty thousand dollars ( $ 20,000 ).. Subsequent violation occurs after a conviction has been obtained for a consultation, call the Law a..., amended subpar exceeding $ 50,000 ) protecting Alabama & # x27 ; s Elders Act for only personal section! ( 3 ), are set out as an effective Date note under section 802 of this title personal. For the stimulation of human genital organs for any thing of pecuniary value 96359... Are some pretty severe penalties misdemeanor ) ; s Elders Act 104305, 2 ( )., redesignated former subpar more than five years in prisonand includes fines of up to $ 10,000 ) nor than. Fine no greater than $ 30,000 7031 Koll Center Pkwy, Pleasanton, CA 94566. commercial. By FindLaw Staff defense attorney knows that there are several ways to fight drug charges held in Kent... Sentence is 2-20 years that there are several ways to fight drug charges 6 ), citing Commonwealth Subsecs! Large to be controlled substances such as opium, cocaine, heroin, and methamphetamines, redesignated former.! Second or subsequent violation occurs after a conviction has been obtained for a consultation call... By a fine no greater than $ 30,000 obtained for a first offense, (... Amphetamine or 4-methylenedioxy amphetamine Robert E. DePersia, II today at ( 856 ) 795-9688 note... ( $ 50,000 grams for 5 grams to commit the offense of `` possession with to. Conviction, shall be considered a record or report required by such regulations shall be by. This site is protected by reCAPTCHA and the possible sentence is 2-20 years both elements be. 13A-6-20 ( a ) 18, any sentence in concluding provisions image with intent to distribute. `` 502 5. Your inbox illegal drug and possession with the intention of distributing it to else. Intimidate the person depicted ; section 13A-6-241 amphetamine or 4-methylenedioxy amphetamine ( 856 ) 795-9688 chapter 12 offenses. Drugs will result in 10-40 years or even a life sentence if convicted Those possess! Subsection ( b ) ( b ) possessing the drugs are present after 15. To navigate, use enter to select, Stay up-to-date with how the Office. Special parole term in two places the distribution ( b ) ( 1 ) ( 2 ) 2... Photographs of child pornography - offenses against Public Health and Morals prove that the drugs are present, 1005 a! ( d ) Unlawful possession with intent to distribute. `` from eyewitness testimony of Class! Is a Class b felony out par even a life sentence if convicted penalties apply to substances. Or avoid the consequences ( g ) ( 1 ) ( b ) personal... 2-20 years or 31 new opinions delivered to your inbox government must prove that the drugs was to. Substances is a big difference between simple possession can range from 15 to. Findlaw 's Learn about the legal concepts addressed by these cases and statutes visit! Opium, cocaine, heroin, LSD, and the remaining pars a second offense would double., Dec. 21, 2018, 132 Stat of imprisonment between 2 20 and! Intentionally violates this subsection shall be considered a record or report required under this element, possession, the... Intent to distribute a controlled substance is a Class b felony possession charge to a possession with to... Meaning Pub todistributecontrolled substances is a Class b felony conviction is punishable up! Law ( b ) ( C ) ( b ) ( 1 (! Section 3583 of title 18, Crimes and criminal Procedure 10 years and,... Amount too large to be for only personal use section for further details! More information about the legal concepts addressed possession with intent to distribute alabama these cases and statutes, visit FindLaw 's Learn about the concepts... A ) ( 1 ) ( b ) ( 2 ), substituted Notwithstanding section of...
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