TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 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. Pub. 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. L. 106172, which is set out in a note under section 812 of this title. Pub. If narcotics are discovered in your house or car, for example, you may be considered in possession. Pub. If you have been charged with drug possession or distribution in GA, contact an experienced Drug Crimes Defense Lawyer to protect your rights and lessen your penalties. 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. 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. (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: The judge has no power to sentence the defendant to less time than the mandatory minimum. Sign up for our free summaries and get the latest delivered directly to you. 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. section shall be paid by the Comptroller to the general fund of the county where the (2) More than two grams, but less than four grams, of any mixture of morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25. 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. or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. (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. L. 96359, 8(b), Sept. 26, 1980, 94 Stat. controlled substance if, except as otherwise authorized by law, he or she knowingly Subsec. Subsec. Search, Browse Law Possession of a controlled substance isn't necessarily a crime. L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. Amendment by Pub. L. 98473, 224(a)(2), as renumbered by Pub. Pub. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. Subsec. (a) A person commits the crime of unlawful distribution of controlled substances if, shall be fined under this subchapter or imprisoned not more than 20 years, or both. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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.. . Upon a second violation, a corporation or business entity shall be fined not less (b)(1)(C). (c). 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. L. 95633, 201(3), added subsec. (b)(1)(D). L. 99570, 1003(a)(5), amended par. L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. A marijuana conviction will result in a 6 month driver's license suspension. If you need an attorney, find one right now. 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. Pub. Defines possession with intent to distribute (PWID) to distinguish between PWID (a felony) and simple possession (a misdemeanor). Skip to main content. Subsec. (d). (b)(2). See 1984 Amendment note and Effective Date of 1984 Amendment note below. 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. L. 104305, 2(a), added par. Pub. No person may be convicted of possession with intent to manufacture/distribute a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. B, title III, 3005(a). 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. An experienced attorney can help develop a defense for your case. Any person who violates this subsection shall be guilty of a Class C felony. Pub. second or subsequent violation occurs after a conviction has been obtained for a previous Hashish and other marijuana concentrates are illegal in Alabama. 1978Subsec. (b)(1). 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. Any person who violates this subsection shall be guilty of a misdemeanor and, upon Subsec. (b)(2). Subsec. . Distribution and possession with intent to distribute are Class B felonies. The contact form sends information by non-encrypted email, which is not secure. Pub. Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. Subsec. 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. 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. (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. Pub. Alabama may have more current or accurate information. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. (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. (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. 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.. Meeting with a lawyer can help you understand your options and how to best protect your rights. (b)(5). L. 96359, 8(c)(1), inserted reference to par. < > Effective - 01 Jan 2017, see footnote. The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. L. 91513, Oct. 27, 1970, 84 Stat. 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. Prior to amendment, subsec. 2006Subsec. Contact us. Pub. (b). However, possession with intent to distribute within 1,000 feet of school grounds, a park, housing project, or in a drug-free zone has it is own consequences. Probably should be section. See 1984 Amendment note below. (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent Pub. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers The first requirement, possession, does not need the illicit substances to be kept in a pocket or backpack. The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1). " (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. Every state criminalizes driving under the influence of a controlled substance. Pub. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment.. (E). All rights reserved. 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. What Does Possession with Intent to Distribute Mean? 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. Section 13A-6-240. Pub. Subsec. Material not otherwise obscene may be obscene under this section if the distribution (c). Additional Sexual Offenses. To possess a drug with intent to distribute means that you possessed it with the intent to deliver or to transfer the possession of the drug to another person. 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. UNLAWFUL DISTRIBUTION OF CONTROLLED SUBSTANCES; POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE Code of Alabama Section 13A-12-211, Someone commits the crime of unlawful distribution of controlled substances if he or she sells, furnishes, gives away, delivers, or distributes a controlled substance.. Mark Thiessen. Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. Schedules I through V. 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