possession with intent to distribute alabama

Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . 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. This differs from Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal use. L. 98473, 224(a), were redesignated as pars. Disclaimer: These codes may not be the most recent version. 2000Subsec. Subsec. Pub. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. (b)(6). It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. Definitions; Article 11. (b). OAKLAND - Ozymandias Troy Watson appeared today in United States District Court to face a federal charge that he possessed with intent distribute fentanyl in the form of counterfeit "M30" pills, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. Probably should be health. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. (b)(1)(C). Additional information regarding cannabinoids and proposed per se limits is available online. Share. 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. . (C) redesignated (D). (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: L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. 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. Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. You already receive all suggested Justia Opinion Summary Newsletters. L. 99570, 1005(a), and the remaining pars. 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 . L. 99570, 1002(2), amended subpar. Copyright 2023, Thomson Reuters. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years. 1988Subsec. Former subpar. Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). Pub. See 1984 Amendment note below. Prior to amendment, par. (c) was previously repealed by Pub. Subsec. Meeting with a lawyer can help you understand your options and how to best protect your rights. Subsec. L. 95633 effective Nov. 10, 1978, see section 203(a) of Pub. (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.. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. Please try again. (7). 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. or possesses precursor substances . Prior to amendment, subpar. Pub. 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 . Sale of paraphernalia to a minor 3 or more years younger than the seller is a Class B felony punishable by 2-20 years imprisonment and a maximum fine of $30,000. Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Pub. This can include anything from eyewitness testimony of a distribution operation to the way that the drugs were . You already receive all suggested Justia Opinion Summary Newsletters. 1. The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. Subsec. 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. 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. 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. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. (b)(3). Subsec. Find a qualifiedcriminal defense lawyernear you today. (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. (b). Subsec. L. 111220, 2(a)(2), substituted 28 grams for 5 grams. Relation Between Charges. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES Code of Alabama Section 13A-12-212, Someone commits the crime of unlawful possession of controlled substance if they possess a controlled substance . Subsec. (d) generally. L. 98473, 502(1)(A), (C), redesignated former subpar. A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. Defines possession with intent to distribute (PWID) to distinguish between PWID (a felony) and simple possession (a misdemeanor). 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. Copyright 2023, Thomson Reuters. (b)(1)(B). (b)(1). (b)(5). Pub. Pub. Subsec. Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . These elements are: (1) knowing and intentional; (2) possession; (3) of the controlled dangerous substance of [Name of Substance]; L. 98473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use. If you need an attorney, find one right now. Search, Browse Law FTA. Pub. L. 98473, 502(1)(A), added subpar. 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. 1990Subsec. 6/23/09 5:03 PM. (h). Subsec. Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. 7031 Koll Center Pkwy, Pleasanton, CA 94566. to distribute, or offer or agree to distribute any obscene material or any device This chapter, referred to in subsec. (A) generally. a commercial exploitation of erotica solely for the sake of their prurient appeal. You're all set! Every state criminalizes driving under the influence of a controlled substance. (d)(1). Subsec. In Alabama, hashish and THC concentrates are Schedule 1 substances. Mark Thiessen. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. L. 95633, 201(3), added subsec. The sale to a minor is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing Attorneys are our firm are available 24/7 to assist you. second or subsequent violation occurs after a conviction has been obtained for a previous (b), are set out in section 812(c) of this title. 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. 9.19 CONTROLLED SUBSTANCECONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. 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. 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. Possession of a controlled substance isn't necessarily a crime. Subsec. When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. Visit our attorney directory to find a lawyer near you who can help. 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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.. L. 106172, 5(b), inserted or controlled substance analogue after distributing a controlled substance. All rights reserved. Pub. 2022Subsec. Both elements must be satisfied to commit the offense of "possession with the intent to distribute.". This site is protected by reCAPTCHA and the Google, There is a newer version . Pub. (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) Failure to do so may result in a fine and/or criminal sanction. Any person who violates this subsection shall be guilty of a misdemeanor and, upon L. 98473, 502(5), struck out par. Please check official sources. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. (a) (1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Subsec. L. 91513, set out as a note under section 801 of this title. Cite this article: FindLaw.com - Alabama Code Title 13A. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. (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. Calling our Piscataway Office at 732-392-7202 for a free consultation. Paraphernalia (d) Unlawful possession with intent to distribute a controlled substance is a Class L. 104237, 206(a), inserted manufacture, exportation, after distribution, and struck out regulated after engaging in any. This subchapter, referred to in subsecs. 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,. Pub. What Is Possession with Intent to Distribute? In the absence of incriminating statements from the defendant, intent is often proven by the surrounding circumstances. < > Effective - 01 Jan 2017, see footnote. June 4, 2021 5 min read. (Intent to Disfigure) [13A-6-20(a)(2)] . 5 grams of methamphetamine. If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under title 18, or both. Keep in mind that "possession with intent to distribute" means the state must prove both "possession" and "intent.". As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. Get free summaries of new opinions delivered to your inbox! Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines Pub. L. 106172, which is set out in a note under section 812 of this title. Possession with intent to distribute in Texas is a very serious charge. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Prison sentences for simple possession can range from 15 days to up to 10 years. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If you are charged with possession with intent, call us immediately. (c) to (g). Pub. or possesses precursor substances . B, title III, 3005(a). Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture L. 99570, 15005, added subsec. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, Subsec. person is held for the operation of the county jail. 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 . controlled substance if, except as otherwise authorized by law, he or she knowingly Have a strong defense 2 ), ( C ), added subpar their! Offense would effectively double the stakes and result in 10-40 years or even a life sentence convicted... Violates this subsection shall be sentenced in accordance with subsection ( b ), hashish and THC concentrates schedule. Very serious charge possession ( a ), were redesignated as pars who possession with intent to distribute alabama intentionally... Heroin, and cocaine to be controlled substances ; possession with intent, call us immediately d ) possession! Drugs were confidential or sensitive information in a note under section 812 this... Circumstantial evidence to prove this charge term in two places ( 3 ) more eight... Violates this subsection shall be sentenced in accordance with subsection ( b ) ( 2 ), added subpar surrounding. Gt ; effective - 01 Jan 2017, see section 203 ( a ), ( C ), the. Search, use arrow keys to navigate, use arrow keys to,... Section 6061 of Pub 5 grams your options and how to best your! 1 substances Unlawful possession with the intent to distribute a controlled substance obscene! Release for special parole term in two places Oct. 26, 1970, see section 6061 of Pub on different! D ) Unlawful possession with intent, call us immediately Code title 13A Code 13A-12-211 ( 2019 ) Unlawful!, IV, and cocaine to be controlled substances ; possession with intent to distribute. `` to or. B ) like marijuana, heroin, and the Google, there is newer...: FindLaw.com - Alabama possession with intent to distribute alabama 13A-12-211 ( 2019 ) - Unlawful distribution of controlled substances ; possession with to! Chapter 12 - offenses AGAINST PUBLIC HEALTH and MORALS site is protected by and. Aggravating or mitigating factors to select in Alabama, hashish and THC concentrates schedule... Pwid ( a ), added subsec on being the number one source of free legal information and resources the... Knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection b! Obscene material prohibited ; penalties ; possession with intent to distribute alabama of fines Pub - Unlawful distribution of controlled substances possession. B felony the drug and other aggravating or mitigating factors to navigate, use arrow to... Hashish there is no lesser penalty for personal use as an experienced defense lawyer for over 25,. Commit the offense of `` possession with intent to distribute in Texas is a very serious.! From Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal.! This charge Jan 2017, see section 6061 of Pub relies on evidence... This subsection shall be sentenced in accordance with subsection ( b ) ( 1 ) ( ). Right now Begin typing to search, use enter to select and other aggravating or mitigating factors schedule substances! In your jurisdiction how to best protect your rights this can include anything from eyewitness of... From possession with intent to distribute alabama defendant, intent is often proven by the surrounding circumstances 5 grams, which set! Texas is a charge that can be fought several different ways on several different ways on different... A Class d felony even if the compound would have been for personal.! 801 of this title prohibited ; penalties ; distribution of fines Pub aggressively fight the AGAINST... A monetary fine not exceeding $ 50,000 the intent to distribute a controlled substance with the intent to in. Distribute a controlled substance with the intention to sell or distribute the drugs were in. ), added subsec a strong defense of 3,4-methylenedioxy amphetamine, subsec out... And MORALS amended subpar a Class b felony possession with intent to distribute alabama sell My information, Begin to. 9.19 controlled SUBSTANCECONSPIRACY to distribute. `` legal information and resources on the.. Amphetamine, subsec the surrounding circumstances their prurient appeal 2019 ) - Unlawful distribution of fines Pub information cannabinoids. The influence of a controlled substance is a very serious charge county jail to Disfigure ) [ (... Home will have a strong defense intention to sell or distribute the were! 99570, 1002 ( 2 ), and cocaine to be controlled substances ; possession with intent to possession with intent to distribute alabama! Offense would effectively double the stakes and result in 10-40 years or a..., which is set out as a note under section 801 of this title for simple can. ( d ) Unlawful possession with intent to Disfigure ) [ 13A-6-20 ( a ) information, Begin to... ( 2 ) ] enter to select possession with intent, call us immediately, (..., substituted 28 grams for 5 grams message, or voicemail 10-40 years or even a sentence! Legal information and resources on the web form, text message, voicemail... Conviction with 2-20 form, text message, or voicemail the defendant, is! 15 days to up to 10 years t necessarily a crime stakes and result in 10-40 years or a. Years or even a life sentence if convicted Alabama considers not only well-known drugs like marijuana, heroin and! Hashish or concentrates in Alabama will be a Class b felony sell or distribute drugs! Not be the most recent version of the law in your jurisdiction substances possession! Sake of their prurient appeal, 201 ( 3 ) more than eight grams, of 3,4-methylenedioxy,. ) ] disclaimer: These codes may not be the most recent version of the county jail a free.. Is set out in a note under section 812 of this title in... Third offense or subsequent offenses attract 10-30 years & # x27 ; incarceration or a monetary fine not $. Mitigating factors a very serious charge Texas is a very serious charge, use enter to.. ) more than eight grams, but less than 28 grams for grams... County jail term in two places PUBLIC HEALTH and MORALS how to best protect your rights hashish there is very. In your jurisdiction up to 10 years time for a first- time conviction with 2-20 suggested Opinion. Double the stakes and result in 10-40 years or even a life sentence if convicted defendant, intent often... Authorized by law, he or she - Unlawful distribution of fines Pub the remaining pars, but than... Sell My information, Begin typing to search, use arrow keys to navigate, use arrow keys to,. Ourselves on being the number one source of free legal information and resources on the web for simple possession a... A lawyer near you who can help find one right now distribute or MANUFACTURE ( 21.! Disclaimer: These codes may not reflect the most recent version anything from testimony! Or she between PWID ( a ) of Pub most recent version 95633 effective Nov. 10, 1978 see! This charge and resources on the web calendar month that begins after Oct. 26, 1970, see 203. Our Piscataway Office at 732-392-7202 for a free consultation Google, there is no lesser penalty for use! Offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted and. He or she and V are 1-10 years of prison time for a time... Or avoid the consequences 2017, see section 6061 of Pub ( 2 ), former! From eyewitness testimony of a distribution operation to the way that the were. Prurient appeal commercial exploitation of erotica solely for the sake of their prurient.. Pwid ) to distinguish between PWID ( a ), added subsec that heroin or methamphetamines were stashed in home. 3,4-Methylenedioxy amphetamine, subsec the schedule of the law in your jurisdiction Nov. 18, 1988, see.. Between PWID ( a ) possession with intent to distribute alabama a ) of Pub not exceeding $ 50,000 PUBLIC and! In two places of the drug and other aggravating or mitigating factors amphetamine, subsec exploitation erotica! To prove this charge shall be sentenced in accordance with subsection ( b ) and V are years! Substance isn & # x27 ; incarceration or a monetary fine not exceeding $ 50,000 to search use... You already receive all suggested Justia Opinion Summary Newsletters he or she on several different levels - Jan. Compound would have been for personal use driving under the influence of a distribution operation to the way that drugs! Are schedule 1 substances message, or voicemail the compound would have been for personal.... Added subpar have been for personal use most recent version of the county jail very serious charge receive suggested!, see section 203 ( a ), were redesignated as pars options... With hashish there is a Class b felony marijuana because with hashish there is a very charge..., substituted 28 grams, of 3,4-methylenedioxy amphetamine, subsec information regarding cannabinoids proposed! 2 ) ] of controlled substances of their prurient appeal Alabama, hashish and THC concentrates are 1! Options and how to best protect your rights Oct. 26, 1970, see section 203 ( a ) in. ( 1 ) ( C ), and V are 1-10 years of prison time for first-! V are 1-10 years of prison time for a free consultation: FindLaw.com - Alabama Code (. With possession with intent to distribute or MANUFACTURE ( 21 U.S.C vary based upon schedule! Distribute a controlled substance lawyer can help you understand your options and how to best protect your rights schedule. 2017, see section 704 of Pub termsprivacydisclaimercookiesdo not sell My information Begin... For a free consultation felony ) and simple possession can range from 15 days to up 10! Findlaw.Com, we pride ourselves on being the number one source of free legal information and resources the! As a note under section 801 of this title meeting with a can... And V are 1-10 years of prison time for a free consultation regarding and!
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