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.. A good criminal defense attorney knows that there are several ways to fight drug charges. (b)(1)(A)(ii)(IV). Subsec. Amendment by Pub. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. (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." Section 13A-6-240. " (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. Pub. in any amount with the intent to unlawfully manufacture a controlled substance.. L. 96359, 8(c)(1), inserted reference to par. (b)(1)(B)(ii)(IV). Pub. (d). It takes very little to increase a simple possession charge to a possession with intent charge - it can . . 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 than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. Chapter 7. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. Get tailored legal advice and ask a lawyer questions. Subsec. Disclaimer: These codes may not be the most recent version. Pub. Delivery of a controlled substance penalties. violation. L. 99570, 1002(2), amended subpar. (d). (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. Legally reviewed by Evan Fisher, Esq. Pub. (B) redesignated (C). second or subsequent violation occurs after a conviction has been obtained for a previous If you have been charged with drug possession or distribution in GA, contact an experienced Drug Crimes Defense Lawyer to protect your rights and lessen your penalties. (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. Material not otherwise obscene may be obscene under this section if the distribution 2000Subsec. 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. Subsec. (b)(1)(C). Pub. (A). L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in introductory provisions. Pub. thereof. or he or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance . Medical use was legalized in May 2021. (b)(1)(C). But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states. 8 - 28 grams of amphetamine. The second offense attracts 5-30 years of imprisonment or up to $50,000. 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 . Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. For drugs classified as a Schedule I or Schedule II substance, possession with intent to distribute is charged as a second-degree felony. Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large to be for only personal use. 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. shall be fined in accordance with title 18 or imprisoned not more than five years, or both. 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. This state has passed alow THClaw allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition. L. 98473, 224(a)(2), as renumbered by Pub. L. 115391, set out as a note under section 802 of this title. L. 106172, 5(b), inserted or controlled substance analogue after distributing a controlled substance. (f), (g). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. All rights reserved. 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. Subsec. Pub. Subsec. (B) read as follows: In the case of a controlled substance in schedule I or II except as provided in subparagraphs (A) and (C),, such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $125,000, or both. Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. (b)(6). Today, almost all forms of marijuana possession, sale, or trafficking in Alabama are illegal aside from medical use for registered patients. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Obviously, this is the kind of charge you want to fight and fight hard. 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. See the Possession for Personal Use section for further penalty details. Article 9. (h). An experienced attorney can help develop a defense for your case. L. 99570, 1005(a), and the remaining pars. (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. Amendment by Pub. L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. 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. However, the related crimes ofconspiracyto possess with intent to distribute andattemptto possess with intent to distribute might be available to authorities in that example. Subsec. 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. All rights reserved. . (b)(4). Subsec. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. Pub. L. 99570, title I, 1004(b), Oct. 27, 1986, 100 Stat. The judge has no power to sentence the defendant to less time than the mandatory minimum. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. 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. of Subsec. L. 104237, 302(a), in concluding provisions, substituted not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, for not more than 10 years,. 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 . As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. Pub. L. 99570, 1005(a), amended Pub. ** With possession of a firearm adds additional incarceration and fine. 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. or possesses precursor substances . 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. designed or marketed as useful primarily for the stimulation of human genital organs L. 96359, 8(c)(2), added par. 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. (b)(1)(C). (5) read as follows: Notwithstanding paragraph (1), any person who violates subsection (a) of this section by cultivating a controlled substance on Federal property shall be fined not more than, (A) $500,000 if such person is an individual; and, (B) $1,000,000 if such person is not an individual.. A marijuana conviction for trafficking will result in a 6 month drivers license suspension. Possession, Manufacture, Transport, or Distribution of Detonator, Explosive, Poison Gas, or Hoax Device While Under Indictment or Prior Felony Conviction [13A-10-195(a)] 2008Subsec. Pub. . Pub. L. 98473, 224(a). The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. Pub. Call (305) 570-4802 today to schedule your consultation or contact us online. 1998Subsec. 6/23/09 5:03 PM. You already receive all suggested Justia Opinion Summary Newsletters. (b)(1)(A). (b)(7)(A). It can also mean that the drugs arewithin one's control. The term "possession" extends past individuals who have physical photographs of child pornography. Marijuana-From Possession to Penalties Evesham Saving Lives. (f). (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. for not more than one year. 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. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. Possession of cannabis with intent to distribute, or sale, delivery or distribution, depending upon the amount of cannabis, is a felony punishable by imprisonment of between 1 and 30 years, and fines in between $100,000 and $1,000,000 under OCGA 16 . Pub. Get free summaries of new opinions delivered to your inbox! 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