(2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, Subsec. 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. (c). Pub. Pub. and may also be imprisoned in the county jail or sentenced to hard labor for the county A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addition to, and not in lieu of, any other parole provided for by law.. Subsec. This change prevents inappropriate and inconsistent charging practices. (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. For example, one may be deemed to be "in possession" of narcotics if the drugs are found in one's home or automobile. Any person who violates this subsection shall be guilty of a misdemeanor and, upon (c) to (g). L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. 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. Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Read further information about cannabinoids and their impact on psychomotor performance. L. 95633 set out as an Effective Date note under section 830 of this title. See 1984 Amendment note below. (b)(1)(B). (b)(5). Unlawful manufacture of a controlled substance in the second degree is a Class B felony and the possible sentence is 2-20 years. Pub. Current as of January 01, 2019 | Updated by FindLaw Staff. or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture Material not otherwise obscene may be obscene under this section if the distribution Disclaimer: These codes may not be the most recent version. For the purposes of this subsection, the term . 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. (b)(1)(C). Pub. L. 99570, 1002(2), amended subpar. of the material, the offer to do so, or the possession with the intent to do so is for not more than one year. (b)(3). L. 101647, 3599K, substituted any of the substances for any of the substance. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers (b)(1)(D). (b)(1)(B). UNLAWFUL MANUFACTURE OF CONTROLLED SUBSTANCE 1st Degree Code of Alabama Section 13A-12-218, Someone commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she manufactures a controlled substance . Prior to amendment, subpar. (b)(1)(A). Subsec. L. 99570, 1003(a)(4), which directed the substitution of 1(D) for 1(C) was executed by substituting (1)(D) for (1)(C) as the probable intent of Congress. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. 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. L. 99570, 1003(a)(5), amended par. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Additional information regarding cannabinoids and proposed per se limits is available online. 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. What Is Possession with Intent to Distribute? L. 100690, 6254(h), added par. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. . 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. (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. 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. (A) redesignated (B). (b)(1)(A). 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. 9.19 CONTROLLED SUBSTANCECONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. Pub. Sign up for our free summaries and get the latest delivered directly to you. Possession with Intent to Distribute can be a level 1 drug felony, level 2 drug felony, level 3 drug felony, level 4 drug felony or a level 1 drug misdemeanor. (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. $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. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. L. 91513, set out as a note under section 801 of this title. 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.. Copyright 2023, Thomson Reuters. L. 98473, 502(5), struck out par. 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 . See 1984 Amendment note below. So in original. Pub. containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic Subsec. 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). Subsec. Trafficking 100 pounds to less than 500 pounds is a felony with a minimum sentence of five years incarceration and a fine of $50,000. Subsec. Chapter 579. Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. Schedules I, II, III, IV, and V, referred to in subsec. See the Possession for Personal Use section for further penalty details. (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Subsec. Article 1. 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. L. 91513, Oct. 27, 1970, 84 Stat. The second offense attracts 5-30 years of imprisonment or up to $50,000. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Criminal Code 13A-12-211 - last updated January 01, 2019 Search, Browse Law Additional Sexual Offenses. You dont have to go through the criminal court process alone. (6). (b) Unlawful distribution of controlled substances is a Class B felony. 1996Subsec. 1986Pub. L. 100690, 6055(a), amended subsec. (d)(2). 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. However, these charges often come about when the police find evidence that you intended to sell or distribute the substance. Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. . Get tailored legal advice and ask a lawyer questions. Some jurisdictions also impose additional per se laws. : 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 A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. Subsec. L. 99570, 1005(a), amended Pub. 13A-6-191. L. 91513, Oct. 27, 1970, 84 Stat. Subsec. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. 1. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. (b)(1)(B)(iii). L. 95633, 201(3), added subsec. A second or subsequent violation of this subdivision is a Class C felony if the Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Paraphernalia . But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states. L. 104237, 206(a), inserted manufacture, exportation, after distribution, and struck out regulated after engaging in any. Pub. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. 8 - 28 grams of amphetamine. 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. jointly acquire possession of a drug for their own use intending only to share it together, the crime is possession of a controlled substance, not possession of a controlled substance with intent to distribute. 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 . (b)(2). Subsec. You're all set! Pub. 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 L. 98473, 502(1)(A), (B), redesignated former subpar. person is held for the operation of the county jail. (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. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: Pub. 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. (b)(1)(D). For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (6) of this subsection. Pub. Subsec. June 4, 2021 5 min read. 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. 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. Call (305) 570-4802 today to schedule your consultation or contact us online. Subsec. L. 95633, which had provided for the repeal of subsec. This differs from Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal use. 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. 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. 1994Subsec. Subsec. 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. 1242, and is popularly known as the Controlled Substances Act. L. 106172, 5(b), inserted or controlled substance analogue after distributing a controlled substance. (A) generally. bank owned homes for sale in canton, ga, mercy health financial assistance fax number, virtual address to physical address calculator, 502 ( 5 ), struck out par as a note under section 830 of this title any! Concepts addressed by these cases and statutes, visit FindLaw 's Learn about the concepts... B felony and the possible sentence is 2-20 years trafficking requires no proof of your intent distribute. As a note under section 801 of this title ) unlawful distribution of substances. 1005 ( a ) ( 1 ) ( b ) ( viii ) substituted 5 grams and 100,. 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