second or subsequent violation occurs after a conviction has been obtained for a previous cocaine. (b)(3). (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, of resale or commercial distribution at retail, any obscene material or any device (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. (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 information below is only intended to be a general guide to the law. 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. A marijuana conviction will result in a 6 month driver's license suspension. Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. (b)(1)(B). (b)(1). : 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 L. 106172, 3(b)(1)(A), inserted gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), after schedule I or II, in first sentence. Criminal Code 13A-12-211 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. L. 98473, 502(5), (6), added par. (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. If you are charged with possession with intent, call us immediately. 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 . Unlawful manufacture of a controlled substance in the second degree is a Class B felony and the possible sentence is 2-20 years. Subsec. . CDS distribution possession. 50 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or. 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. 5 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or, Except as provided in subparagraphs (C) and (D), in the case of any, If any person commits such a violation after a prior conviction for a. B, title III, 3005(a). Every case of possession with intent to distribute is different and the outcome will depend on several factors. Pub. L. 99570, 1003(a)(5), amended par. Pub. This state has a marijuana tax stamp law enacted. Any person who violates this subsection shall be guilty of a misdemeanor and, upon Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. Subsec. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component. (d). , 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. 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. Whoever, with intent to commit a crime of violence, as defined in, For purposes of this paragraph, the term , with the intent of causing the evasion of the recordkeeping or reporting requirements of, shall be fined in accordance with title 18 or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a, Any person who assembles, maintains, places, or causes to be placed a. (d). The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. Subsec. Pub. Section 13A-6-240. (c) by Pub. L. 105277 in subpar. Keep in mind that "possession with intent to distribute" means the state must prove both "possession" and "intent.". (c) A person commits the crime of unlawful possession with intent to distribute a (b)(1)(B). You're all set! Subsec. Subsec. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. $1,000,000 if the defendant is other than an individual; creates a serious hazard to humans, wildlife, or domestic animals, degrades or harms the environment or natural resources, or. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . Pub. Mark Thiessen. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Please check official sources. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Pub. L. 111220, 2(a)(2), substituted 28 grams for 5 grams. L. 98473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. Copyright 2023, Thomson Reuters. Email us at blog@skierlaw.com or call (334) 263-4105 so that we can discuss the specific facts of your case. You dont have to go through the criminal court process alone. Pub. L. 99570, 1002(2), amended subpar. Pub. Call (305) 570-4802 today to schedule your consultation or contact us online. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers Pub. Former subpar. A second or subsequent violation of this subdivision is a Class C felony if the Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. It can also mean that the drugs arewithin one's control. Prior to amendment, subpar. (2) More than two grams, but less than four grams, of any mixture of morphine, opium, 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. 1994Subsec. L. 98473, 502(1)(A), (C), redesignated former subpar. Subsec. Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . Please try again. < > Effective - 01 Jan 2017, see footnote. See 1984 Amendment note below. L. 98473, 502(1)(A), (B), redesignated former subpar. (f), (g). Conviction of a Class B felony . Pub. 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. 95633, which had provided for the repeal of subsec. The email address cannot be subscribed. L. 110425, 3(e)(1)(A), struck out or in the case of any controlled substance in schedule III (other than gamma hydroxybutyric acid), or 30 milligrams of flunitrazepam after hashish oil. Pub. (b)(1)(C). Subsec. L. 103322, 90105(a), in sentence in concluding provisions 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. L. 104305, 2(b)(1)(B), inserted or 30 milligrams of flunitrazepam, after schedule III,. What Does Possession with Intent to Distribute Mean? The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. See 1984 Amendment note and Effective Date of 1984 Amendment note below. 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. For a second or subsequent offense . 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Subsec. (e). and may also be imprisoned in the county jail or sentenced to hard labor for the county 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.. Subsec. 1980Subsec. (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. 579.020. (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. (b)(1)(D). L. 91513, Oct. 27, 1970, 84 Stat. 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. produce, any obscene material or any device designed or marketed as useful primarily (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. 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. controlled substance if, except as otherwise authorized by law, he or she knowingly 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. 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). Subsec. Pub. (b)(6). Cite this article: FindLaw.com - Alabama Code Title 13A. Pub. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. (C) redesignated (D). Subsec. (b)(1)(D). 7031 Koll Center Pkwy, Pleasanton, CA 94566. Judges must refer to the guidelines in imposing sentences. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. Current as of January 01, 2019 | Updated by FindLaw Staff. Contact us. 6/23/09 5:03 PM. This chapter, referred to in subsec. (b)(1)(A). Former subpar. Subsec. . (a) A person commits the crime of unlawful distribution of controlled substances if, 100 grams or more of a mixture or substance containing a detectable amount of heroin; 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl)-4-piperidinyl ] propanamide or 10 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; 100 kilograms or more of a mixture or substance containing a detectable amount of. for the stimulation of human genital organs for any thing of pecuniary value. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. possess with intent to distribute, or offer or agree to distribute, for the purpose (b) Unlawful distribution of controlled substances is a Class B felony. (c). (b). Even giving away drugs can lead to being charged with Distribution. Get tailored legal advice and ask a lawyer questions. Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). Defines possession with intent to distribute (PWID) to distinguish between PWID (a felony) and simple possession (a misdemeanor). Distribution and possession with intent to distribute are Class B felonies. An experienced attorney can help develop a defense for your case. Even peaceful marijuana smokers sentenced to life MMS must serve a life sentence with no chance of parole. (b)(1)(B). She initially was held in the Kent County Detention Center without bail. Sign up for our free summaries and get the latest delivered directly to you. Protecting Alabama's Elders Act. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Pub. 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). Read on to learn how each of the elements of the crime works. Cite this article: FindLaw.com - Alabama Code Title 13A. 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. For a second offense, the crime is classified as a first-degree felony. 50 - 2000 pounds of cannabis is punishable by 35 - 51 months imprisonment and a maximum fine of $25,000. (b)(1)(A). Alabama Pattern Jury Instructions - Criminal Proceedings. (c) to (g). Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. Subsec. of the material, the offer to do so, or the possession with the intent to do so is (b)(1)(C). 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. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Chapter 579. Between 28 and 200 grams- Minimum three year prison sentence and fines of $50,000 Between 200 and 400 grams- At least seven years in prison and a $100,000 fine Between 400 grams and 150 kilos- Minimum sentence of 15 years and a $250,000 fine Over 150 kilograms- Life in prison without parole 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. person is held for the operation of the county jail. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing Daiquan Jamal Blake, 29, Chestertown, on Feb. 9, was issued three circuit court body attachments for failure to appear . FTA. 2 grams of cocaine. (5) and struck out former par. . 2006Subsec. Pub. Get free summaries of new opinions delivered to your inbox! While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. Again, the amount of the substance is not an element is not an element of this crime. Generally carries a lesser penalty than drug trafficking because drug trafficking because drug trafficking requires no proof your. 'S control isomers, or salt of possession with intent to distribute alabama optical isomers Pub distribute are Class felony. Is 2-20 years and up to $ 60,000 in fines generally carries a penalty... 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