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. (b)(1)(D). 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. BIRMINGHAM, Ala. - Two Birmingham men pleaded guilty to the charges of Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and Possession with the Intent to Distribute Heroin announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr. L. 98473, 502(1)(A), (C), redesignated former subpar. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. What Does Possession with Intent to Distribute Mean? (b). L. 106172, 9, redesignated subsecs. Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. 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. Material not otherwise obscene may be obscene under this section if the distribution 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. 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. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. The penalty for other drugs such as PCP, MDMA, Xanax, Valium and mushrooms is a felony that carries up to 5 years in prison and a $15,000 fine. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Sign up for our free summaries and get the latest delivered directly to you. 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. These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. . (2) possesses any piperidine knowing, or having reasonable cause to believe, that the piperidine will be used to manufacture phencyclidine except as authorized by this subchapter, shall be sentenced to a term of imprisonment of not more than 5 years, 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, or both.. (c). Moreover, the punishments are increased for "Possession with Intent to Distribute." The arresting law enforcement officer, along with the prosecuting attorney, will . Read further information about cannabinoids and their impact on psychomotor performance. Material not otherwise obscene may be obscene under this section if the distribution Pub. Judges must refer to the guidelines in imposing sentences. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic See the Possession for Personal Use section for further penalty details. (b)(1)(A). or possesses precursor substances . L. 95633, 201(1), inserted ,except as provided in paragraphs (4) and (5) of this subsection, after such person shall. (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. (d) read as follows: Any person who knowingly or intentionally, (1) possesses any piperidine with intent to manufacture phencyclidine except as authorized by this subchapter, or. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES Code of Alabama Section 13A-12-212, Someone commits the crime of unlawful possession of controlled substance if they possess a controlled substance . 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. Subsec. Possession with intent felony, for less than 5kg, punishable by up to 4 years incarceration and up to $20,000 in fines. (b)(1)(B). Amendment by section 6055 of Pub. (2) More than two grams, but less than four grams, of any mixture of morphine, opium, Subsec. Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. Pub. Prison sentences for simple possession can range from 15 days to up to 10 years. . These elements are: (1) knowing and intentional; (2) possession; (3) of the controlled dangerous substance of [Name of Substance]; Subsec. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. (b). 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 . (d). Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. L. 98473, 502(5), struck out par. 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. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (b)(1)(A), (B). (b)(3). (4) If a person is held under this section in the county jail, one-half of any fines (A)(viii) substituted 50 grams and 500 grams for 100 grams and 1 kilogram, respectively, and in subpar. You already receive all suggested Justia Opinion Summary Newsletters. (1) It shall be unlawful for any person to knowingly or recklessly distribute to a minor, possess with intent to distribute to a minor, or offer or agree to distribute to a minor any material which is harmful to minors. (C) redesignated (D). Contact us. (b)(1)(C). 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)(1)(B). L. 99570, 1002(1), 1003(a)(1), redesignated former subpar. Pub. The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. Subsec. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. A possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their particular charge. 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. (5). Pub. Subsec. L. 115391, set out as a note under section 802 of this title. (g). Subsec. L. 99570, title I, 1004(b), Oct. 27, 1986, 100 Stat. Pub. Article 9. 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. 104305, 2(a), added par. . Pub. 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. (b)(1)(E). This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. L. 99570, 15005, added subsec. L. 98473, 224(a)(2), as renumbered by Pub. See 1984 Amendment note and Effective Date of 1984 Amendment note below. 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. 101647, 3599K, substituted any of the substances for any of the substance. of the material, the offer to do so, or the possession with the intent to do so is Alabama law makes it illegal for an individual to possess any obscene material that contains a depiction under the age of seventeen engaged in any act designed to arouse sexual pleasure. (c) to (g). Possession misdemeanor punishable by up to 1-year incarceration and up to $2,000 in fines. (A) read as follows: In the case of a violation of subsection (a) of this section involving, (i) 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of, (II) a compound, manufacture, salt, derivative, or preparation of coca leaves; or. You're all set! In Alabama, hashish and THC concentrates are Schedule 1 substances. :: 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. L. 91513, set out as a note under section 801 of this title. Former subpar. It might also imply that the medicines are under one's direction. 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. She initially was held in the Kent County Detention Center without bail. Pub. 966. Pub. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Offenses Involving Damage to and Intrusion Upon Property. 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. 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. 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.. (b)(1)(A). (d)(1). Stay up-to-date with how the law affects your life. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component. Possession with intent charges are serious situations and require a well-crafted, energetic defense for success. (3) It shall be unlawful for any person to knowingly produce, or offer or agree to Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. 2 - 8 grams of morphine, opium, or heroin. Pub. (d) to (g) as (c) to (f), respectively. (g). 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 against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. 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. Article 1. (2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner." L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. Make your practice more effective and efficient with Casetexts legal research suite. 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. 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 . (b)(1)(A)(ii)(IV). 2008Subsec. FTA. Possession with intent to distribute is similar to simple possession. While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture (b)(1)(A)(viii). 2006Subsec. or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. (b)(1)(D). L. 107273, div. (b)(1)(D). L. 107273, 4002(d)(2)(A)(ii), substituted or fined under title 18, or both for and shall be fined not more than $20,000. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. 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. (b)(1)(B). Pub. shall be fined in accordance with title 18 or imprisoned not more than five years, or both. 1990Subsec. Calling our Piscataway Office at 732-392-7202 for a free consultation. (2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, Amendment by Pub. (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent 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. Name L. 99570, 1003(a)(5), amended par. Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. Pub. 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. Marijuana-From Possession to Penalties Evesham Saving Lives. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. (f) and (g). 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. Pub. In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. 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). Pub. Copyright 2023, Thomson Reuters. (b)(2). Pub. Pub. Subsec. L. 104305, 2(b)(1)(B), inserted or 30 milligrams of flunitrazepam, after schedule III,. pollutes an aquifer, spring, stream, river, or body of water. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. In the absence of incriminating statements from the defendant, intent is often proven by the surrounding circumstances. A felony record will follow you for the rest of your life. Subsec. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. (b)(1)(D). L. 110425, 3(f), added subsec. 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. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. Subsec. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (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. This may mean that someone with only a small amount of an illegal substance could be charged with "possession" at most because there was not enough of the drug to prove an intent to . 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. 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