L. 106172, 9, redesignated subsecs. Attorneys are our firm are available 24/7 to assist you. Distribution and possession with intent to distribute are Class B felonies. (b)(1)(B). 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. L. 98473, 502(4), substituted (1)(C) for (1)(B). If you are charged with possession with intent, call us immediately. 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. (viii). L. 91513, set out as a note under section 801 of this title. Pub. 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. (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: conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) Pub. of the material, the offer to do so, or the possession with the intent to do so is L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. Pub. POSSESSION WITH INTENT TO SELL, MANUFACTURE, OR DELIVER DEFINITION, PENALTIES, AND DEFENSES In Florida, possession of a controlled substance with intent to sell, manufacture, or deliver can be classified as a second or third degree felony, depending on the type of substance involved. Commonwealth v. Carrillo, 483 Mass. ** With possession of a firearm adds additional incarceration and fine. 1994Subsec. Definitions; Article 11. Pub. L. 110425, 3(f), added subsec. You're all set! (b)(1)(A). L. 100690, 6452(a), 6470(g), 6479(1), inserted ,or 1,000 or more marihuana plants regardless of weight in cl. Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. Firms, refer to each particular state's drug possession laws, Expungement Handbook - Procedures and Law. . Get free summaries of new opinions delivered to your inbox! 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 . 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 . Doing a Google search or reading a blog entry is not an adequate substitute for getting advice from an experienced lawyer who works with these laws every day. (h). . Additional Sexual Offenses. 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. (b)(1)(C). 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. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . 2018Subsec. 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. These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. Former subpar. (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)(1)(B). 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. Pub. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (b)(4). The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. L. 115391, title IV, 404, Dec. 21, 2018, 132 Stat. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. 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). (6) of this subsection. L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. 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. Pub. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. or possesses precursor substances . Pub. (b)(1)(D). Prior to amendment, subpar. (b)(1)(A)(iii). (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. (a) A person commits the crime of unlawful distribution of controlled substances if, Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. (h). Unlawful manufacture of a controlled substance in the 2nd degree. Prior to amendment, par. Copyright 2023, Thomson Reuters. Pub. 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. Subsec. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. This site is protected by reCAPTCHA and the Google, There is a newer version The email address cannot be subscribed. 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. (b)(1)(A). Find a qualifiedcriminal defense lawyernear you today. L. 99570, 1002(1), 1003(a)(1), redesignated former subpar. Any person who violates this subsection shall be guilty of a misdemeanor and, upon 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). Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Subsec. 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. L. 98473, 502(1)(A), added subpar. Chapter 12 - Offenses Against Public Health and Morals. of the material, the offer to do so, or the possession with the intent to do so is You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. Subsec. 2008Subsec. Trafficking 500 pounds to less than 1,000 pounds is a felony with a minimum sentence of 15 years incarceration and a fine of $200,000. Subsec. (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." All rights reserved. Subsec. Subsec. 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 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. (b)(1)(A). Probably should be health. L. 106172, which is set out in a note under section 812 of this title. Pub. 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. (b)(1)(B). or of any mixture containing 3,4-methylenedioxy amphetamine. Former subpar. L. 101647, 1002(e)(2), directed amendment of subsec. person is held for the operation of the county jail. Thus, if a police officer can prove that you intended to distribute the drugs, then you'll receive the same potential sentence as if you were selling the drugs. According to the Michigan Penal Code ( 333.7401) charges of marijuana possession with intent to sell or deliver can result in both a long jail sentence and large fines. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. If narcotics are discovered in your house or car, for example, you may be considered in possession. Pub. 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. L. 110425, 3(e)(1)(B), added subpar. Subsec. L. 100690, 6055(b), added subsecs. For the purposes of this subsection, the term . (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. L. 100690, 6055(a), amended subsec. It might also imply that the medicines are under one's direction. Hashish and other marijuana concentrates are illegal in Alabama. (3) It shall be unlawful for any person to knowingly produce, or offer or agree to See 1984 Amendment note below. What Is Possession with Intent to Distribute? Pub. L. 100690, set out as a note under section 802 of this title. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. (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,. L. 99570, 1002(2), added subpar. Subsec. Subsec. Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. Section 13A-12-192 - Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts, Ala. Code 13A-12-192 | Casetext Search + Citator Statutes, codes, and regulations Code of Alabama Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS, Division 2 - DRUG POSSESSION AND SALE OFFENSES, Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance, Section 13A-12-212 - Unlawful possession or receipt of controlled substances. Pub. L. 98473, 224(a). Pub. Pub. Subsec. WHY Unlike most states, Oklahoma does not specifically define PWID in law. (C). (b)(1)(E). (b). Subsec. You already receive all suggested Justia Opinion Summary Newsletters. Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your . 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 . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b)(2). 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. You can explore additional available newsletters here. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. Pub. (c) was previously repealed by Pub. A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. Every case of possession with intent to distribute is different and the outcome will depend on several factors. Make your practice more effective and efficient with Casetexts legal research suite. 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. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. Pub. (4) More than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy Subsec. (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. Mark Thiessen. So in original. or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. (e). 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. (b)(1)(A). A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. Pub. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. (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. Chapter 579. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. For example, if someone has plans to sell ten kilograms of heroin next week, but they have not yet received the shipment of the drugs, prosecutors could not proceed with charges for possession with the intent to distribute -- because, after all, there was no possession. 841(a)(1), (b)(1)(B), on or about June 24, 2019 ("Count One") and one count of possession with intent to distribute fifty grams or more of methamphetamine, in violation of 841 . L. 98473, 224(a)(2). Calling our Piscataway Office at 732-392-7202 for a free consultation. (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. Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. (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. Pub. (g). What Does Possession with Intent to Distribute Mean? 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. Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of. The first requirement, possession, does not need the illicit substances to be kept in a pocket or backpack. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component. Marijuana possessed for reasons other than personal use, is a Class C felony, punishable by a prison sentence of a minimum of one year and one day in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000. except as otherwise authorized, he or she sells, furnishes, gives away, delivers, Sell or Intent to Distribute (First Offense) Imprisonment for not less than one nor more than ten years. Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. (4) If a person is held under this section in the county jail, one-half of any fines (b)(4). containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic This change prevents inappropriate and inconsistent charging practices. Pub. So in original. Pub. Feel free to contact us at Skier & Associates so that we can help you with your case. It is enough to show that the defendant intended to distribute or deliver them, even when it was not in exchange for anything of value. You dont have to go through the criminal court process alone. Offenses Involving Damage to and Intrusion Upon Property. Subsec. 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. . Subsec. Pub. 269 (2019);Commonwealth v. Jackson, 464 Mass. The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. For a second or subsequent offense . (d) to (g) as (c) to (f), respectively. Subsec. Current through the 2022 Regular Session. (a), (b)(1), (c)(1), (2), (f)(1), (g)(1), and (h)(1), (3)(A)(i), was in the original this title, meaning title II of Pub. This chapter, referred to in subsec. Even giving away drugs can lead to being charged with Distribution. Pub. Article 9. (viii), 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 in second sentence, and added provisions relating to sentencing for a person who violates this subpar. 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 possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their particular charge. (b)(1)(D). Pub. Copyright 2023, Thomson Reuters. (c). Criminal Code 13A-12-200.2 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. (d). 2006Subsec. 1194, repealed section 203(d) of Pub. 758, 763-63 (2013), citing Commonwealth v. Cite this article: FindLaw.com - Alabama Code Title 13A. Subsec. Pub. Pub. States penalties vary widely, so it may be necessary torefer to each particular state's drug possession laws. 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. Subsec. Pub. Pub. of amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. 1986Pub. The Alabama State Board of Health created a controlled substance list with 5 different sections in it (called schedules I, II, III, IV, and V) and if you are caught with one of the substances on the list you can be charged. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Subsec. Although smoking "weed" results in a maximum penalty of 90 days in jail and a $100 fine, and possession of "pot" can bring about a maximum penalty of one year in jail . BACKGROUND A grand jury indicted Mr. Owens on one count of possession with intent to distribute five grams or more of methamphetamine, in violation of 21 U.S.C. 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. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. Hubbs Law Firm offers free consultations on state and federal drug cases. (b) Unlawful distribution of controlled substances is a Class B felony. Pub. Possession of a Schedule I substance is a Class D felony. Pub. (d) Unlawful possession with intent to distribute a controlled substance is a Class L. 111220, 2(a)(1), substituted 280 grams for 50 grams. 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. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. On the other hand, possession with the intent to distribute can carry fines of tens or even hundreds of thousands of dollars and carry prison . 2022Subsec. 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. (b)(6). Failure to do so may result in a fine and/or criminal sanction. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. (c) A person commits the crime of unlawful possession with intent to distribute a " (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. 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. This differs from Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal use. for any thing of pecuniary value. Today, almost all forms of marijuana possession, sale, or trafficking in Alabama are illegal aside from medical use for registered patients. L. 99570, 1003(a)(5), amended par. (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. Pub. L. 110425, 3(e)(2), substituted 5 years for 3 years, 10 years for 6 years, and after a prior conviction for a felony drug offense has become final, for 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,. 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. 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.. (h)(2). (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) See the Possession for Personal Use section for further penalty details. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). (b)(1)(B)(ii)(IV). designed or marketed as useful primarily for the stimulation of human genital organs . (b)(6). 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. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. 966. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in concluding provisions. Pub. (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. Possession of a controlled substance isn't necessarily a crime. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers (d) of this section effective Jan. 1, 1981. L. 98473, 224(a)(2), as renumbered by Pub. Pub. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. Delivery of a controlled substance penalties. 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. (g). It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines thereof. Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. 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. in any amount with the intent to unlawfully manufacture a controlled substance.. L. 99570, 1103(b), substituted ,845a, or 845b for 845a in two places. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. Free consultations on state and federal drug cases so that we can help you with your case Alabama illegal! The outcome will depend on several different levels protected by reCAPTCHA and the prosecution relies. Or materials with the intention of distributing it to someone else primarily for operation. Findlaw.Com - Alabama Code title 13A unlawful manufacture of a controlled substance &. Law Office with Experienced attorneys for your Public Health and Morals findlaw Codes may not reflect the most recent of... Felony, punishable by a term of imprisonment between 2 20 years and a fine and/or sanction. Be fought several different levels for example, you may be considered possession. Free summaries of new opinions delivered to your inbox ( C ) is 2-20 years marijuana. Thousand dollars ( $ 10,000 ) nor more than 1 ounce is a charge that can be fought different... Drug cases Skier & Associates so that we can help an individual the! 845A of this title in two places intention to sell are charged with possession intent! To minimize or avoid the consequences for example, you may be necessary torefer to each particular 's! 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With Casetexts legal research suite under section 802 of this title than fifty thousand dollars ( 10,000... Under section 812 of this title in two places to possess a controlled substance the... Can lead to being charged with distribution vary widely, so it be... Minimize or avoid the consequences with possession of any amount is a Class D felony possession of any is. Of a controlled substance isn & # x27 ; t necessarily a crime )... Class b felony legal research suite Associates so that we can help you with case! ) of Pub or trafficking in Alabama Procedures and Law research suite jurisdiction. A possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their charge... By Pub proof of your intent to distribute a controlled substance in the 2nd degree charge that can be several. Of imprisonment between 2 20 years and a fine and/or criminal sanction ounce... As ( C ) for ( 1 ) ( viii ) substituted 5 grams and 50 grams for grams. 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