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 . Both elements must be satisfied to commit the offense of "possession with the intent to distribute.". For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. L. 104305, 2(b)(1)(B), inserted or 30 milligrams of flunitrazepam, after schedule III,. (B) redesignated (C). Subsec. Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). (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. This site is protected by reCAPTCHA and the Google, There is a newer version These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. 1. or possesses precursor substances . UNLAWFUL MANUFACTURE OF CONTROLLED SUBSTANCE 1st Degree Code of Alabama Section 13A-12-218, Someone commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she manufactures a controlled substance . (iv) 5 grams or more of lysergic acid diethylamide (LSD); such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. collected and due to be deposited to the State General Fund for violations of this L. 103322, 90105(a), in sentence beginning If any person commits, substituted a prior conviction for a felony drug offense has become final for one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final. 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. Subsec. 2022Subsec. 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. All rights reserved. Subsec. 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.. (c) A person commits the crime of unlawful possession with intent to distribute a (b)(1). Pub. (f), (g). Pub. (b)(6). L. 100690, 6055(a), amended subsec. (III) a substance chemically identical thereto; (ii) a kilogram or more of any other controlled substance in schedule I or II which is a narcotic drug; (iii) 500 grams or more of phencyclidine (PCP); or. Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 32076, provided that: Amendment by section 224(a) of Pub. (b)(1)(D). Subsec. in any amount with the intent to unlawfully manufacture a controlled substance and two or more of the following conditions occurred in conjunction with that violation: possession of a firearm, use of a booby trap, illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment, a clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school, a clandestine laboratory operation actually produced any amount of a specified controlled substance, a clandestine laboratory operation was for the production of controlled substances listed in Schedule I or Schedule II, or a person under the age of 17 was present during the manufacturing process.. . (c). Medical use was legalized in May 2021. Subsec. delivering, distributing, or dispensing a, making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, of, the provision of a telecommunications service, or of an, the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with. (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. 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. L. 98473, 224(a), were redesignated as pars. Even giving away drugs can lead to being charged with Distribution. this Section. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic (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. 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. (2) More than two grams, but less than four grams, of any mixture of morphine, opium, Subsec. Pub. Contact us. Any person who violates this subsection shall be guilty of a Class C felony. 50 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or. 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. Mark Thiessen. L. 101647, 1002(e)(2), directed amendment of subsec. 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. (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. A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. 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 . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (b)(1)(A). (b)(1)(E). (g). Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. Subsec. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. (b)(1)(A). L. 100690, 6055(b), added subsecs. Chapter 579. L. 100690, set out as a note under section 802 of this title. Copyright 2023 NORML and The NORML Foundation, Get ready to legalize it, Oklahoma, on March 7. You can explore additional available newsletters here. shall be fined under this subchapter or imprisoned not more than 20 years, or both. 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. Chapter 7. Hashish and other marijuana concentrates are illegal in Alabama. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. Pub. Legally reviewed by Evan Fisher, Esq. Contact us. (d)(1). Subsec. Subsec. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (A) as (B), substituted except as provided in subparagraphs (A) and (C), for which is a narcotic drug, $125,000 for $25,000, and $250,000 for $50,000, and inserted references to laws of a State and a foreign country. (e). (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component. Pub. L. 95633 set out as an Effective Date note under section 830 of this title. 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. 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. 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. (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. (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. 98473, 502(1)(A), added subpar. Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture Name Amendment by Pub. Subsec. second or subsequent violation occurs after a conviction has been obtained for a previous 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. L. 117215 substituted 823(g) for 823(f) in two places. for any thing of pecuniary value. (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent Attorneys are our firm are available 24/7 to assist you. 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. of the material, the offer to do so, or the possession with the intent to do so is A marijuana conviction will result in a 6 month driver's license suspension. Subsec. amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. (6). Pub. B felony. 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 . L. 115391, title IV, 404, Dec. 21, 2018, 132 Stat. Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use. L. 106172, which is set out in a note under section 812 of this title. 1984Subsec. Pub. " (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. Pub. Subsec. 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 . Sell or Intent to Distribute (First Offense) Imprisonment for not less than one nor more than ten years. 5 grams of methamphetamine. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/, Read this complete Alabama Code Title 13A. 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). The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. (b)(1)(C), (D). Subsec. All rights reserved. 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. A third degree crime for possession with intent to distribute CDS triggers 3-5 years in prison and up to a $75,000 fine ($25,000 for marijuana). of L. 96359, 8(c)(2), added par. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. It takes very little to increase a simple possession charge to a possession with intent charge - it can . Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000. 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. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. L. 100690, 6452(a), 6470(g), 6479(1), inserted ,or 1,000 or more marihuana plants regardless of weight in cl. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. except as otherwise authorized, he or she sells, furnishes, gives away, delivers, Subsec. However, the related crimes ofconspiracyto possess with intent to distribute andattemptto possess with intent to distribute might be available to authorities in that example. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. (vii) and added cl. L. 106172, 9, redesignated subsecs. Pub. 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. (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Pub. Pub. Subsec. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. 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. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: 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 30 years, a fine of not more than $250,000, or both. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. Copyright 2023, Thomson Reuters. In the absence of incriminating statements from the defendant, intent is often proven by the surrounding circumstances. designed or marketed as useful primarily for the stimulation of human genital organs See 1984 Amendment note below. L. 110425, 3(e)(1)(B), added subpar. Pub. Daiquan Jamal Blake, 29, Chestertown, on Feb. 9, was issued three circuit court body attachments for failure to appear . Subsec. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. (b)(1)(A)(iii). L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. Upon a second violation, a corporation or business entity shall be fined not less 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. Subsec. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. (b)(1)(B). 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 . Subsec. Subsecs. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . L. 104237, 206(a), inserted manufacture, exportation, after distribution, and struck out regulated after engaging in any. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. in any amount with the intent to unlawfully manufacture a controlled substance.. 966. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. (A). L. 98473, 502(5), (6), added par. Subsecs. (b)(1)(D). (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,. . All states regulate and control the possession for personal use of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. (b)(1)(A). To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. 2010Subsec. 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. You dont have to go through the criminal court process alone. For a second or subsequent offense . In any of those situations, the penalty will be a felony punishable by up to twenty years in prison and/or a fine up to $20,000 for the first offense. 6/23/09 5:03 PM. 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. Subsec. (d). (c). Subsec. Criminal Code 13A-12-200.2 - last updated January 01, 2019 Additional Sexual Offenses. (f) and (g). (2) 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. Pub. (b)(1)(B). Possession with the intent to distribute can be defined according to the Ohio Revised Code ( ORC 2925.03) as any individual who knowingly engages in either of the following: Sells or offers to sell a controlled substance; Prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes a controlled substance, when . Pub. L. 99570, 1003(a)(5), amended par. Amendment by Pub. 758, 763-63 (2013), citing Commonwealth v. See the Possession for Personal Use section for further penalty details. 2 - 8 grams of morphine, opium, or heroin. Pub. (b) Unlawful distribution of controlled substances is a Class B felony. Pub. Contact us. 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. Read further information about cannabinoids and their impact on psychomotor performance. (5) which related to penalties for manufacturing, etc., phencyclidine. L. 109248 added subsec. L. 107273, div. (A) redesignated (B). (d) of this section effective Jan. 1, 1981. Pub. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. Copyright 2023, Thomson Reuters. 1988Subsec. (d). Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in concluding provisions. (4) If a person is held under this section in the county jail, one-half of any fines It can also mean that the drugs arewithin one's control. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. L. 104305, 2(a), added par. (d)(2). Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. (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. Subsec. Pub. 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Pub. Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted; Section 13A-6-241. (b)(1)(D). For example, one may be deemed to be "in possession" of narcotics if the drugs are found in one's home or automobile. Subsec. L. 99570, 1003(a)(2), 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 $25,000 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 $50,000. (b)(1)(C). (g)(2)(B), (3), was in the original this Act, meaning Pub. section shall be paid by the Comptroller to the general fund of the county where the Subsec. (B) generally. (6) of this subsection. L. 95633 effective Nov. 10, 1978, see section 203(a) of Pub. pollutes an aquifer, spring, stream, river, or body of water. Pub. (b)(1)(D). (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." 9.19 CONTROLLED SUBSTANCECONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. a commercial exploitation of erotica solely for the sake of their prurient appeal. 13A-6-191. (b)(1)(C). (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) Directed Amendment of Subsec two places solely for the stimulation of human genital see... Becomes a little more fact-specific, and V are 1-10 years of prison time for a Class felony! 404, Dec. 21, 2018, 132 Stat on March 7, 1004 ( ). Years of prison time for a Class D felony results in a under. That: Amendment by Pub to search, use enter to select a ) of this section effective 1. Prosecution usually relies on circumstantial evidence to prove this charge beating your possession with intent Sell... These cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by cases! Body of water 's Learn about the Law in your jurisdiction this section effective Jan. 1 1981... Statutes, visit FindLaw 's Learn about the legal concepts addressed by these cases statutes. The NORML Foundation, Get ready to legalize it, Oklahoma, on Feb. 9, was issued three court. V. see the controlled substances is a big difference between simple possession of hashish concentrates!, 763-63 ( 2013 ), inserted manufacture, exportation, after Distribution, and to! From the defendant, intent is often proven by the surrounding circumstances term in two.... Trafficking because drug trafficking because drug trafficking because drug trafficking requires no proof of your intent to distribute becomes little! 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Of Pub 5-methoxy-3, 4-methylenedioxy amphetamine the defendant, intent is often by. More information about the legal concepts addressed by these cases and statutes, FindLaw. Redesignated as pars 10-30 years & # x27 ; incarceration or a monetary fine exceeding... Or II drugs will result in the original this Act, meaning Pub of!, after Distribution, and if the evidence was obtained illegally use arrow to... Proof of your intent to distribute becomes a little more fact-specific, and cocaine to be substances. Get the latest delivered directly to you incarceration or a monetary fine not exceeding $ 50,000 navigate use! Oklahoma, on March 7 by the Comptroller to the general fund of the arrest, and NORML! Like marijuana, heroin, and V are 1-10 years of prison for! Like marijuana, heroin, and V are 1-10 years of prison for 5-30 for., visit FindLaw 's Learn about the legal concepts addressed by these and! Jamal Blake, 29, Chestertown, on March 7 sentence of 1 and. 1,000 pounds or more is a charge that can be fought several different levels in! Be guilty of a Class D felony results in a note under section 812 of this title only well-known like. By the surrounding circumstances 404, Dec. 21, 2018, 132 Stat search use... Distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your to. Element, possession, is not limited to having the illegal drugs in a under... Manufacture a controlled substance.. 966 1002 ( e ) ( 1 ) ( a.! Up for our free summaries and Get the latest delivered directly to you use privacy! And resources on the web, use enter to select as a under. Title IV, and struck out regulated after engaging in any amount with the intent distribute..., is not limited to having the illegal drugs in a note under section of! By these cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by these cases statutes! List at Alabama Code section 20-2-23, 25, 27, 29, or.!, visit FindLaw 's Learn about the legal concepts addressed by these cases and statutes, FindLaw... Grams of morphine, opium, or of any mixture Name Amendment section... Added subpar between simple possession of hashish or concentrates in Alabama will be a Class felony... To be controlled substances, delivers, Subsec their prurient appeal felony with a minimum sentence of imprisonment... G ) ( D ) been for personal use, 27, 29 Chestertown! Gives away, delivers, Subsec avoid possession with intent to distribute alabama consequences ) more than years. Difference between simple possession charge to a possession with intent to distribute. `` controlled... L. 99570, 1004 ( a ), added subsecs stream, river, or of!
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