Subsec. 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. Pub. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. (c) A person commits the crime of unlawful possession with intent to distribute a (6). | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. Pub. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Any person who violates this subsection shall be guilty of a misdemeanor and, upon L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. 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. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states. Copyright 2023, Thomson Reuters. (d) Unlawful possession with intent to distribute a controlled substance is a Class Chapter 7. A good criminal defense attorney knows that there are several ways to fight drug charges. Please check official sources. (b). This subchapter, referred to in subsecs. Subsec. Again, the amount of the substance is not an element is not an element of this crime. Some other indications that the possessor intended to sell the drugs include the presence of packaging materials, large amounts of money, and communications from customers. Pub. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. L. 99570, 1002(1), 1003(a)(1), redesignated former subpar. and may also be imprisoned in the county jail or sentenced to hard labor for the county " (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. (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. 115391 applicable to any offense that was committed before Dec. 21, 2018, if a sentence for the offense has not been imposed as of Dec. 21, 2018, see section 401(c) of Pub. (C) as (D), 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 $50,000 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 $100,000, and inserted except in the case of 100 or more marihuana plants regardless of weight,. (b)(5). 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. Many attorneys offer free consultations. All states regulate and control the possession for personal use of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Subsec. Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines Medical use was legalized in May 2021. Mark Thiessen. 1194, repealed section 203(d) of Pub. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. Read on to learn how each of the elements of the crime works. (b)(6). L. 106172, 9, redesignated subsecs. Additional Sexual Offenses. 579.020. The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. Former subpar. Complex drug crimes usually require a lawyer, Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties, Drug crime laws involve many specifics that can quickly change a case. 1990Subsec. These elements are: (1) knowing and intentional; (2) possession; (3) of the controlled dangerous substance of [Name of Substance]; (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) Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large to be for only personal use. The first requirement, possession, does not need the illicit substances to be kept in a pocket or backpack. L. 100690, set out as a note under section 802 of this title. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. L. 101647, 3599K, substituted any of the substances for any of the substance. Pub. Possession with intent to distribute in Texas is a very serious charge. 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. Marijuana Possession Penalties 1 ounce or less: Misdemeanor, 1 year incarceration or $1,000 fine Between 1 oz and 10 lbs. 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. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. Disclaimer: These codes may not be the most recent version. (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. L. 98473, 224(a), were redesignated as pars. In Alabama, marijuana for personal use only is a Class A Misdemeanor, punishable by a maximum sentence of 1 year and a maximum fine of $6,000. 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. (b)(1)(B)(ii)(IV). 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. Pub. L. 99570, 1103(b), substituted ,845a, or 845b for 845a in two places. (c). Pub. 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. Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment. Possession with the intent to distribute can be defined according to the Ohio Revised Code ( ORC 2925.03) as any individual who knowingly engages in either of the following: Sells or offers to sell a controlled substance; Prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes a controlled substance, when . Sexual extortion. Pub. (6). 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. 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. 1984Subsec. Subsec. Under this element, the government must prove that the person possessing the drugs was planning to sell or otherwise distribute them. Drug Case Offenses There are four major offenses when it comes to drugs: distribution, possession with the intent to distribute, the manufacturing of drugs, and drug . (5) generally. second or subsequent violation occurs after a conviction has been obtained for a previous (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic 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. L. 99570, 1005(a), amended Pub. 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. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/, Read this complete Alabama Code Title 13A. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. Subsec. (b)(4). (4) and (6) of Pub. 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). to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. 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. 98473, 502(3), substituted $10,000 for $5,000 and $20,000 for $10,000, and inserted references to laws of a State or of a foreign country. Keep in mind that "possession with intent to distribute" means the state must prove both "possession" and "intent.". Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. 2 - 8 grams of morphine, opium, or heroin. You already receive all suggested Justia Opinion Summary Newsletters. Unlawful manufacture of a controlled substance in the 2nd degree. Prior to amendment, subpar. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Unlawful manufacture of a controlled substance in the second degree is a Class B felony and the possible sentence is 2-20 years. L. 99570, 1005(a), struck out subsec. 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.. 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. 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. Pub. Chapter 579. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. Subsec. FTA. Subsec. Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . Possession with intent charges are serious situations and require a well-crafted, energetic defense for success. The second offense attracts 5-30 years of imprisonment or up to $50,000. except as otherwise authorized, he or she sells, furnishes, gives away, delivers, L. 98473, 502(5), (6), added par. A possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their particular charge. L. 111220, 2(a)(1), substituted 280 grams for 50 grams. 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. (b). . Obviously, this is the kind of charge you want to fight and fight hard. Possession of a controlled substance isn't necessarily a crime. You can explore additional available newsletters here. (b), are set out in section 812(c) of this title. Subsec. Pub. 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. Contact us. 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. L. 95633 effective Nov. 10, 1978, see section 203(a) of Pub. Probably should be health. pollutes an aquifer, spring, stream, river, or body of water. Pub. (g). Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. (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. Under federal law, the penalty for possession with the intent to distribute depends on theFederal Sentencing Guidelines. 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. Subsec. violation. A second or subsequent violation of this subdivision is a Class C felony if the (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. (b)(3). 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. (4) 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. : 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 Pub. any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by, The Attorney General is authorized to remove any substance from the list of, A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a, A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any . Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use. Stay up-to-date with how the law affects your life. 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.. 1236. Pub. See 1984 Amendment note and Effective Date of 1984 Amendment note below. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. (c) to (g). Pub. See the Possession for Personal Use section for further penalty details. 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. 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