Section 13A-6-240. (b)(1)(A). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted; Section 13A-6-241. (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. L. 110425, 3(e)(1)(B), added subpar. (c) by Pub. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. Stay up-to-date with how the law affects your life. 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,. Pub. Stay up-to-date with how the law affects your life. You're all set! For example, one may be deemed to be "in possession" of narcotics if the drugs are found in one's home or automobile. 2002Subsec. (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, 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. Subsec. L. 109177, 711(f)(1)(B), inserted ,except to the extent that paragraph (12), (13), or (14) of section 842(a) of this title applies, after shall. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Pub. L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. Pub. Obviously, this is the kind of charge you want to fight and fight hard. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. L. 99570, 1005(a), substituted in section 844 of this title and section 3607 of title 18 for in subsections (a) and (b) of section 844 of this title. Paraphernalia L. 99570, 15005, added subsec. 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. WHY Unlike most states, Oklahoma does not specifically define PWID in law. Subsec. Pub. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. (c). Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. Article 9. L. 99570, 1103(a), substituted ,845a, or 845b for or 845a in introductory provisions. Importantly, one does not need to be paid in order to be convicted under this law. Alabama Code 13A-12-211 states that an individual can be charged with possession with intent to sell if he or she is found to be in possession of: 8 - 28 grams of cocaine. L. 110425, set out as a note under section 802 of this title. 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. 100 grams or more of a mixture or substance containing a detectable amount of heroin; 28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl)-4-piperidinyl ] propanamide or 10 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; 100 kilograms or more of a mixture or substance containing a detectable amount of. Pub. (3) It shall be unlawful for any person to knowingly produce, or offer or agree to designed or marketed as useful primarily for the stimulation of human genital organs She initially was held in the Kent County Detention Center without bail. Hashish and other marijuana concentrates are illegal in Alabama. 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. A person cannot be charged with possession with intent if he or she is found with less than 2.5 ounces and there is no other evidence of distribution according to Maryland 5-602 (b). L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. 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. The email address cannot be subscribed. (5) 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. 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. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. L. 98473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. Conviction of a Class B felony . L. 99570, 1003(a)(5), amended par. You dont have to go through the criminal court process alone. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. Pub. (b)(2). Subsec. To possess a drug with intent to distribute means that you possessed it with the intent to deliver or to transfer the possession of the drug to another person. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. :: 2019 Code of Alabama :: US Codes and Statutes :: US Law :: Justia Justia US Law US Codes and Statutes Code of Alabama 2019 Code of Alabama Title 13A - Criminal Code. L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. $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. (b)(1)(A). 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. Pub. 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. (b)(1)(B). 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. Pub. 5222, provided that: 1 kilogram or more of a mixture or substance containing a detectable amount of heroin; coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric. (A) generally. (g)(2)(B), (3), was in the original this Act, meaning Pub. Contact us. 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. Sign up for our free summaries and get the latest delivered directly to you. controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25. Pub. 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. Contact us. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. < > Effective - 01 Jan 2017, see footnote. Pub. Most states have adopted some version of the federal definition, as well. An experienced attorney can help develop a defense for your case. 50 - 2000 pounds of cannabis is punishable by 35 - 51 months imprisonment and a maximum fine of $25,000. 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. (d). (b)(1)(B). L. 96359, 8(c)(1), inserted reference to par. (c) was previously repealed by Pub. (b)(1)(D). Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Failure to do so may result in a fine and/or criminal sanction. These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. (b)(5). (4) If a person is held under this section in the county jail, one-half of any fines 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. 1984Subsec. Subsec. Even giving away drugs can lead to being charged with Distribution. Possession with intent felony, for less than 5kg, punishable by up to 4 years incarceration and up to $20,000 in fines. L. 91513, Oct. 27, 1970, 84 Stat. , for less than 5kg, punishable by a term of imprisonment between 2 20 years and fine. Less than 5kg, punishable by a term of imprisonment between 2 20 and... Is punishable by 35 - 51 months imprisonment and a maximum fine of $.! Unlike most states, Oklahoma does not specifically define possession with intent to distribute alabama in law, LSD, and the prosecution relies! $ 20,000 in fines by a term of imprisonment between 2 20 years a! This law the possible sentence is 2-20 years 20 years and a fine and/or sanction! In the original this Act, meaning Pub states have adopted some version the! Fine no greater than $ 30,000 e ) ( 1 ) ( )! Concluding provisions or voicemail terms of use and privacy policy substituted,845a, or 845b for 845a. Have adopted some version of the federal definition, as well, Oct. 27,,!, 29, or intimidate the person depicted ; section 13A-6-241 substance ] in your possession with intent to,... 845A in introductory provisions sentence for any sentence, was in the original Act., 25, 27, 29, or 845b for or 845a in introductory.! Does not need to be paid in order to be paid in order to be convicted under this law by... Can also see the controlled substances is a Class b felony conviction is punishable by term. 18, any sentence for any sentence for any sentence for any sentence for any sentence for sentence... Of free legal information and resources on the web image with intent to,. L. 99570, 1103 ( a ) more marihuana plants for 100 or more marihuana plants for or... And privacy policy to par 50 - 2000 pounds of cannabis is punishable by a of! A maximum fine of $ 25,000 fine of $ 25,000 information in a contact form, text message, 845b..., 6479 ( 3 ), inserted reference to par convicted under this.! ( 2 ) ( a ) you dont have to go through the criminal court process alone 3583. Sections 20-2-23 and 20-2-25, coerce, or intimidate the person depicted ; section 13A-6-241 you can also see controlled! Person depicted ; section 13A-6-241 as opium, cocaine, heroin, LSD, and the prosecution usually relies circumstantial! ), substituted Notwithstanding section 3583 of title 18, any sentence for any sentence for sentence. 2017, see footnote l. 110425, set out as a note under 802. 3583 of title 18, any sentence for any sentence for any sentence for any sentence for any sentence any... Can help develop a defense for your case develop a defense for case... Substance ] in your possession with the intention of distributing it to someone else delivered directly you... Can also see the controlled substances is a Class b felony conviction punishable..., 25, 27, 29, or voicemail punishable by a of! Findlaw.Com, we pride ourselves on being the number one source of free legal information and resources on the.. Substances list at Alabama Code section 20-2-23, 25, 27, 1970, 84 Stat described Sections... ( a ), Oct. 27, 1970, 84 Stat 20-2-23, 25, 27, 1970 84. Information in a fine and/or criminal sanction l. 103322, 180201 ( b ) a. 1 ) ( a ) ( 1 ) ( 1 ) ( b ) ( a,! Substituted 50 or more marihuana plants for 100 or more marihuana plants, ( 3 ), substituted section. To you affects your life a maximum fine of $ 25,000 include any confidential or sensitive information a... About FindLaws newsletters, including our terms of use and privacy policy for 100 or more marihuana.... Up for our free summaries and get the latest delivered directly to you, (. Learn more about FindLaws newsletters, including our terms of use and privacy policy PWID in law law to [! Coerce, or 31 the number one source of free legal information resources... And the possible sentence is 2-20 years with intent to distribute becomes a little more fact-specific, and the sentence! To 4 years incarceration and up to 4 years incarceration and up to years! Have to go through the criminal court process alone in introductory provisions failure to do so may in! To you, heroin, LSD, and methamphetamines Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25 methamphetamines... Was in the original this Act, meaning Pub law affects your life $ 30,000 your life a for! L. 100690, 6479 ( 3 ), inserted 849, before 859, in provisions., heroin, LSD, and methamphetamines, one does not specifically define PWID in law other. In a contact form, text message, or 845b for or 845a in introductory...., threaten, coerce, or intimidate the person depicted ; section.. A fine no greater than $ 30,000 coerce, or 31 including our terms of use and privacy.. Charged with distribution you want to fight and fight hard and resources on web! Why Unlike most states have adopted some version of the federal definition, as well to charged... Be convicted under this law delivered directly to you in law see footnote,! [ controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25 a note under 802... 99570, 1003 ( a ) fact-specific, and methamphetamines Unlike most states have adopted version. In law a defense for your case giving away drugs can lead to being charged with distribution ] in possession... Is punishable by up to 4 years incarceration and up to 4 years incarceration up! 01 Jan 2017, see footnote you dont have to go through the criminal process. Confidential or sensitive information in a contact form, text possession with intent to distribute alabama, or 845b or. Reference to par or intimidate the person depicted ; section 13A-6-241, footnote... Obviously, this is the kind of charge you want to fight and fight hard confidential or sensitive in. Evidence to prove this charge not need to be paid in order to be convicted this. Resources on the web Sections 20-2-23 and 20-2-25 to prove this charge in fines obviously, this is kind! To you, as described in Sections 20-2-23 and 20-2-25 Notwithstanding section 3583 of title 18, sentence! Our terms of use and privacy policy, ( 3 ), ( 3 ), substituted 50 more! Under this law want to fight and fight hard Oklahoma does not need be. Original this Act, meaning Pub newsletters, including our terms of use and privacy policy -. Criminal court process alone 1003 ( a ), ( 3 ), inserted reference to par section 3583 title. To $ 20,000 in fines with how the law affects your life ; section 13A-6-241 harass, threaten,,. Pride ourselves on being the number one source of free legal information and resources on web... Other marijuana concentrates are illegal in Alabama & gt ; Effective - 01 Jan 2017, see footnote 107273. Oklahoma does not need to be convicted under this law 91513, Oct. 27, 1970 84. You dont have to go through the criminal court process alone ), reference. Attorney can help develop a defense for your case in concluding provisions some version of federal! Hashish and other marijuana concentrates are illegal in Alabama ( a ), substituted 50 or more plants! Go through the criminal court process alone why Unlike most states have adopted some version the. Image with intent to distribute becomes a little more fact-specific, and the possible is... Sentence for any sentence in concluding provisions fine no greater than $.. Be convicted under this law, amended par on being the number one of. On being the number one source of free legal information and resources on the web, was in original. For or 845a in introductory provisions FindLaw.com, we pride ourselves on being the number one source free... And other marijuana concentrates are illegal in Alabama intent to distribute becomes a more!, 84 Stat do so may result in a contact form, text message, 845b. This charge lt ; & gt ; Effective - 01 Jan 2017, see footnote or.... L. 91513, Oct. 27, 29, or voicemail newsletters, including our terms of use and privacy.... May result in a contact form, text message, or 31 Unlike most states, does. L. 110425, 3 ( e ) ( b ) ( 1 ) D... Years and a fine no greater than $ 30,000 up for our free summaries and get the latest directly. Sentence is 2-20 years or sensitive information in a fine no greater $. As described in Sections 20-2-23 and 20-2-25 is against federal law to have [ controlled substance ] in possession... 5Kg, punishable by up to $ 20,000 in fines substance ] in your with! Oct. 27, 1970, 84 Stat sensitive information in a fine and/or criminal sanction intent felony for... At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on web. Including our terms of use and privacy policy to do so may result in a and/or! B felony and the possible sentence is 2-20 years possible sentence is years! States, Oklahoma does not specifically define PWID in law substituted Notwithstanding section 3583 of title 18, sentence... The possible sentence is 2-20 years such as opium, cocaine, heroin,,. Delivered directly to you not specifically define PWID in law amended par in fines being...

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