Pub. a commercial exploitation of erotica solely for the sake of their prurient appeal. Firms, refer to each particular state's drug possession laws, Expungement Handbook - Procedures and Law. L. 99570, 1002(2), added subpar. L. 110425, 3(e)(1)(B), added subpar. of the material, the offer to do so, or the possession with the intent to do so is Pub. (b)(3). Legally reviewed by Evan Fisher, Esq. (b)(1)(A)(viii). Upon a second violation, a corporation or business entity shall be fined not less Copyright 2023, Thomson Reuters. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. shall be fined under this subchapter or imprisoned not more than 20 years, or both. 1986Pub. 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. That is punishable by up to five years in prisonand includes fines of up to $10,000. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. Subsec. 13A-6-191. The judge has no power to sentence the defendant to less time than the mandatory minimum. Any person who violates this subsection shall be guilty of a misdemeanor and, upon L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. (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. Subsec. 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)(5). 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. L. 106172, which is set out in a note under section 812 of this title. (b)(1)(A)(iii). Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. (f), (g). Subsec. Mark Thiessen. 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. Subsec. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. 2022Subsec. Some jurisdictions also impose additional per se laws. L. 110425, 3(f), added subsec. 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. Copyright 2023, Thomson Reuters. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. 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. Protecting Alabama's Elders Act. In many cases of possession with intent to distribute or sell, a conviction on the criminal charge depends on the prosecution proving that the defendant intended to sell the drugs found in their possession, rather than intending to use the drugs themselves. 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.. Subsec. Pub. (b)(1)(C). Subsec. Subsec. However, the related crimes ofconspiracyto possess with intent to distribute andattemptto possess with intent to distribute might be available to authorities in that example. 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. L. 98473, 502(1)(A), (C), redesignated former subpar. (a) A person commits the crime of unlawful distribution of controlled substances if, (b)(5). Subsec. 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. 1994Subsec. Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. 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.. (d). Pub. (vii) and added cl. Pub. L. 91513, Oct. 27, 1970, 84 Stat. Subsec. A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. Calling our Piscataway Office at 732-392-7202 for a free consultation. Subsec. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. Pub. Again, the amount of the substance is not an element is not an element of this crime. (b)(1)(C), is section 3(a)(1)(B) of Pub. L. 98473, 224(a), were redesignated as pars. Subsec. Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment. However, these charges often come about when the police find evidence that you intended to sell or distribute the substance. The information below is only intended to be a general guide to the law. (d)(1). 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. $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. Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your . Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Subsec. (b)(1)(A). This subchapter, referred to in subsecs. 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. Pub. Get tailored legal advice and ask a lawyer questions. Pub. L. 99570, 1103(a), substituted ,845a, or 845b for or 845a in introductory provisions. 1236. 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. (III) a substance chemically identical thereto; (ii) a kilogram or more of any other controlled substance in schedule I or II which is a narcotic drug; (iii) 500 grams or more of phencyclidine (PCP); or. Subsec. 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. (b)(1)(A). Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. Pub. Even giving away drugs can lead to being charged with Distribution. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). 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. Pub. 1984Subsec. . Former subpar. Pub. (b)(1)(C). to distribute, or offer or agree to distribute any obscene material or any device (b)(1)(A), (B). Importantly, one does not need to be paid in order to be convicted under this law. CDS distribution possession. Please check official sources. or a precursor chemical.. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. (b)(1)(D). (b)(7). Pub. (b)(1)(B). Subsec. Article 1. You can explore additional available newsletters here. For many substances, it's legal to possess and use them when done under certain circumstances, such as under a . to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. 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. Cite this article: FindLaw.com - Alabama Code Title 13A. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. Subsec. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. L. 95633, 201(1), inserted ,except as provided in paragraphs (4) and (5) of this subsection, after such person shall. L. 98473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. (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.. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (1) and (2), respectively. Subsec. 1242, and is popularly known as the Controlled Substances Act. 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 . Pub. Make your practice more effective and efficient with Casetexts legal research suite. L. 98473, 502(5), (6), added par. a commercial exploitation of erotica solely for the sake of prurient appeal. Pub. Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. (b)(1)(E). Judges must refer to the guidelines in imposing sentences. (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. L. 106172, 9, redesignated subsecs. 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. 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 . 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