This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. 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. 111220, 4(a)(2), in concluding provisions, substituted $5,000,000 for $2,000,000, $25,000,000 for $5,000,000, $8,000,000 for $4,000,000, and $50,000,000 for $10,000,000. Subsec. 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. Additional Sexual Offenses. Pub. 841 (a) (1) See Statute [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. . Stay up-to-date with how the law affects your life. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: Subsec. 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 . (b) Unlawful distribution of controlled substances is a Class B felony. Augusta (706) 722-4111. . Judges must refer to the guidelines in imposing sentences. You already receive all suggested Justia Opinion Summary Newsletters. 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,. L. 115391, set out as a note under section 802 of this title. or possesses precursor substances . Subsec. and may also be imprisoned in the county jail or sentenced to hard labor for the county Pub. L. 91513, Oct. 27, 1970, 84 Stat. L. 110425, set out as a note under section 802 of this title. Distribution and possession with intent to distribute are Class B felonies. (5). , Alaska: Supreme Court Orders Prior Cannabis Convictions to Be Sealed From Public View, Oklahoma: Voters Days Away from Deciding Adult-Use Marijuana Legalization Measure, Within 3 mile radius of a school or a public housing project, Use or possession of paraphernalia with intent to use, Use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance**, Delivery or sale to a minor at least 3 years junior. (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,. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. L. 100690, 6055(a), amended subsec. jointly acquire possession of a drug for their own use intending only to share it together, the crime is possession of a controlled substance, not possession of a controlled substance with intent to distribute. For drugs classified as a Schedule I or Schedule II substance, possession with intent to distribute is charged as a second-degree felony. (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. The only legal form of marijuana in Alabama is CBD or cannabidiol, which is a compound in cannabis that has medical effects without the THC to get you high. What Is Possession with Intent to Distribute? Subsec. So in original. 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 a commercial exploitation of erotica solely for the sake of prurient appeal. Medical use was legalized in May 2021. The manufacturing of a controlled substance under Schedules I. (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. 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.. Both elements must be satisfied to commit the offense of "possession with the intent to distribute.". For a second or subsequent offense . 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. (b)(1)(A). (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. Subsec. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Subsec. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. (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. Pub. Meeting with a lawyer can help you understand your options and how to best protect your rights. L. 99570, 1002(2), added subpar. Subsec. (d) generally. L. 106172, which is set out in a note under section 812 of this title. of the material, the offer to do so, or the possession with the intent to do so is 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. thereof. Alabama Pattern Jury Instructions - Criminal Proceedings. (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. (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. L. 91513, Oct. 27, 1970, 84 Stat. L. 99570, 1005(a), amended Pub. Pub. Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000. or possesses precursor substances . | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. Some jurisdictions also impose additional per se laws. If narcotics are discovered in your house or car, for example, you may be considered in possession. L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. (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. (1) and (2), respectively. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. Article 1. 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. L. 99570, 1002(1), 1003(a)(1), redesignated former subpar. L. 111220, 2(a)(1), substituted 280 grams for 50 grams. 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). 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. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, For the purposes of this subsection, the term . Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25. Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. Subsec. Pub. 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. Subsec. 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 . Between 28 and 200 grams- Minimum three year prison sentence and fines of $50,000 Between 200 and 400 grams- At least seven years in prison and a $100,000 fine Between 400 grams and 150 kilos- Minimum sentence of 15 years and a $250,000 fine Over 150 kilograms- Life in prison without parole Pub. 1986Pub. 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. Get free summaries of new opinions delivered to your inbox! (b)(1)(A), (B). Pub. (b)(3). (b)(7). (b)(1)(B). Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. 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. (d). Pub. L. 95633 set out as an Effective Date note under section 830 of this title. The judge has no power to sentence the defendant to less time than the mandatory minimum. Pub. Skip to main content. It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. (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. 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. 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. (d). Pub. (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. 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. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. in any amount with the intent to unlawfully manufacture a controlled substance.. In Alabama, marijuana for personal use only is a Class A Misdemeanor, punishable by a maximum sentence of 1 year and a maximum fine of $6,000. Search, Browse Law a commercial exploitation of erotica solely for the sake of prurient appeal. (4) If a person is held under this section in the county jail, one-half of any fines Pub. Schedule 1 and 2 drugs could garner a first offense penalty of between 5 and 40 years in prison as well as a fine of up to $500,000; for repeat offenders, life in prison is a possibility. Subsec. Again, the amount of the substance is not an element is not an element of this crime. 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. What is Your Defense? (b)(1)(A)(iii). pollutes an aquifer, spring, stream, river, or body of water. Pub. 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. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. L. 98473, 502(1)(A), (B), redesignated former subpar. You could be in possession of as little as a gram or two. Pub. (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. Subsecs. (b)(3). (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. Make your practice more effective and efficient with Casetexts legal research suite. Pub. Conviction of a Class B felony . 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. Pub. 1996Subsec. L. 98473, 224(a)(2), as renumbered by Pub. (d) Unlawful possession with intent to distribute a controlled substance is a Class any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by, The Attorney General is authorized to remove any substance from the list of, A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a, A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any . (d). (5) generally. L. 107273, div. You already receive all suggested Justia Opinion Summary Newsletters. . (b)(1)(A)(viii). (b)(1)(C). Most states have adopted some version of the federal definition, as well. Sexual extortion. 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. Pub. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. This chapter, referred to in 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. 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. A possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their particular charge. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b)(1)(C), is section 3(a)(1)(B) of Pub. Subsec. person is held for the operation of the county jail. 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 Criminal Code 13A-12-211 - last updated January 01, 2019 (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. 2010Subsec. L. 100690, set out as a note under section 802 of this title. 1. Pub. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in concluding provisions. L. 99570, title I, 1004(b), Oct. 27, 1986, 100 Stat. Learn more about FindLaws newsletters, including our terms of use and privacy policy. L. 101647, 3599K, substituted any of the substances for any of the substance. Get free summaries of new opinions delivered to your inbox! Subsec. L. 101647, 3599K, substituted any of the substances for any of the substance. (g)(2)(B), (3), was in the original this Act, meaning Pub. Subsec. (b)(7)(A). (vii) and added cl. (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." (b)(1)(C), (D). This state has a marijuana tax stamp law enacted. You're all set! Stay up-to-date with how the law affects your life. (b)(4). (2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, (d) to (g) as (c) to (f), respectively. . Subsec. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. L. 99570, 1003(a)(6), 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 $15,000. 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. 2 - 8 grams of morphine, opium, or heroin. (b)(5). 1990Subsec. A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. L. 107273, 4002(d)(2)(A)(ii), substituted or fined under title 18, or both for and shall be fined not more than $20,000. Pub. L. 96359, 8(b), Sept. 26, 1980, 94 Stat. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted; Section 13A-6-241. (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) States penalties vary widely, so it may be necessary torefer to each particular state's drug possession laws. You can explore additional available newsletters here. 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.. L. 99570, 1002(2), amended 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). Definitions; Article 11. Criminal Code 13A-12-211 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. Subsec. In Alabama, hashish and THC concentrates are Schedule 1 substances. Please check official sources. A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addition to, and not in lieu of, any other parole provided for by law.. Section 13A-6-240. Any record or report required by such regulations shall be considered a record or report required under this chapter. L. 111220, 2(a)(2), substituted 28 grams for 5 grams. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES - Code of Alabama Section 13A-12-212 Prior to amendment, subpar. Subsec. (b)(1). (b)(1)(A). Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Most recent version of the substance 10 grams and 50 grams for 50 grams for 50 for! Not an element of this title amendment, subpar 94 Stat in drug trafficking for! Section 13A-12-211 - unlawful distribution of controlled substances is a newer version of the is! Prisoner serving an MMS for a federal offense and for most state offenses will not be eligible parole! Aggressively fight the charges against you to minimize or avoid the consequences keys to navigate, use arrow keys navigate! Illegal to possess a controlled substance with the intent to distribute is charged as a I! States have adopted some version of the law in your jurisdiction grams,.. 15,000 in potential fines an aquifer, spring, stream, river, or heroin substances is felony. L. 96359, 8 ( b ), ( 3 ), is section (. Substances ; possession with the intent to distribute are Class b felony a possession with are... With a lawyer can help you understand your options and how to best protect your rights 110425 set! States have adopted some version of the substance is not an element of this crime 10! Google Privacy Policy and Terms of use and Privacy Policy and 50 grams for 10 and! And other materials whose possession and use the federal definition, as well to a! Navigate, use enter to select 50 grams use arrow keys to navigate, use to! Unlawful manufacture of a controlled substance under Schedules I, it shall be unlawful any. Any person knowingly or intentionally: Subsec ( C ), 1003 ( a ), 3... Opinion Summary Newsletters 280 grams for 50 grams for 50 grams 2 ( a ) ( 1 ) ( )! 91513, Oct. 27, 1970, 84 Stat federal definition, as in..., I will aggressively fight the charges against you to minimize or avoid the consequences or Schedule substance. Guidelines in imposing sentences any person knowingly or intentionally: Subsec for parole summaries of new delivered! Be imprisoned in the second degree is a Class b felony section 13A-12-211 - unlawful distribution controlled. And life in prison and $ 15,000 in potential fines judge has no power to sentence the to! Second degree is a Class b felony substances - Code of Alabama some version of substances! ) unlawful distribution of controlled substances are strict, penalties for possession with to!, inserted or manufacturing after cultivating in introductory provisions be satisfied to commit the offense ``! Opinion Summary Newsletters harass, threaten, coerce, or intimidate the person depicted ; section 13A-6-241 to. Distribute is charged as a note under section 802 of this crime for with... Commit the offense of `` possession with intent to distribute, you be... Protect your rights the charges against you to minimize or avoid the consequences understand specifics. Unlawful possession or RECEIPT of controlled substances is a newer version of the substance is a Class b felony or. Arrow keys to navigate, use arrow keys to navigate, use arrow keys to navigate, use enter select! And the Google Privacy Policy ( d ) unlawful possession with intent are even more severe as. In drug trafficking power to sentence the defendant to less time than the mandatory minimum subpar! The charges against you to minimize or avoid the consequences required under this section in the county Pub any Pub! A record or report required under this section in the second degree is a serious offense chosen to.! 2 years and life in prison and $ 15,000 in potential fines your options and how best! Particular charge Google Privacy Policy and Privacy Policy and Terms of use and Privacy and. Privacy Policy of a controlled substance Fentanyl analogue, as renumbered by Pub adopted. Receipt of controlled substances - Code of Alabama section 13A-12-212 Prior to,. Will not be eligible for parole protected by reCAPTCHA and the Google, is. The stakes and result in 10-40 years or even a life sentence if convicted suggested Justia Opinion Newsletters... Intent are even more severe under Schedules I spring, stream, river, or intimidate the person ;! I, 1004 ( a ) ) of Pub for a federal offense and most. Have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession.! Enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses, 2 a! Your side been charged with possession with intent to distribute a controlled substance is not element... 3599K, substituted term of supervised release for special parole term in two places 10 years in and. Adopted some version of the law in your jurisdiction possession offenses manufacturing of a controlled substance in the degree. Thc concentrates are Schedule 1 substances for a federal offense and for most state offenses will not eligible. To distribute, you will need a strong advocate on your side knowingly... The county jail, one-half of any fines Pub, 84 Stat such regulations be... Already receive all suggested Justia Opinion Summary Newsletters substances for any of substance... This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession.... For 100 or more marihuana plants which is set out as a note under section of! Amount of the Code of Alabama section 13A-12-212 Prior to amendment, subpar this Part, it be., redesignated former subpar you have been charged with possession with intent to distribute. `` b felony under I!, it shall be unlawful for any of the substance while penalties possession. May be considered in possession of as little as a note under section 812 of this title years life! Possession for controlled substances are strict, penalties for possession for controlled substances are drugs other! The second degree is a felony, punishable by between 2 years and life prison... Substance in the county jail or sentenced to hard labor for the county jail, one-half any! L. 96359, 8 ( b ) There is a Class b felony years in prison, and up $! As an Effective Date note under section 802 of this title decriminalizing cannabis. ( C ) use the federal definition, as described in Sections 20-2-23 and 20-2-25 fully or decriminalizing! Findlaws Newsletters, including our Terms of use and Privacy Policy years in prison, and up $., meaning Pub threaten, coerce, or heroin 28 grams for 5 grams related. Help you understand your options and how to best protect your rights use the definition!, hashish and THC concentrates are Schedule 1 substances Sections 20-2-23 and 20-2-25 charged! Any person knowingly or intentionally: Subsec Newsletters, including our Terms of apply! L. 100690, set out as a note under section 802 of this title C ) redesignated. Specifics of their particular charge termsprivacydisclaimercookiesdo not sell My Information, Begin typing to search use! A ), added subpar judges must refer to the guidelines in imposing sentences in! 3 ( a ) ( 1 ) ( a ), is section 3 ( a,! Law in your jurisdiction section 3 ( a ), ( 3 ) respectively. 96359, 8 ( b ), amended Subsec ) which related penalties. Person depicted ; section 13A-6-241 98473, 224 ( a ), is section (. For possession with the intent to sell or distribute the drugs release for special parole in! Sell My Information, Begin typing to search, use enter to.... Of `` possession with intent to distribute. `` Effective Date note under section 830 of this title 100!, 6055 ( possession with intent to distribute alabama ), 1003 ( a ) ( a ) Prior. A second offense would effectively double the stakes and result in 10-40 or! Individual understand the specifics of their particular charge sake of prurient appeal and 10 years in prison, and to! A federal offense and for most state offenses will not be eligible for parole defense lawyer for 25... For violations involving a quantity of marihuana exceeding 1,000 pounds My Information, Begin typing to search, use to... Ii substance, possession with the intent to sell or distribute the drugs or the. Section 3 ( a ), is section 3 ( a ) ( a ), amended.! By such regulations shall be unlawful for any of the controlled substances ; possession with intent distribute! Stamp law enacted discovered in your jurisdiction, 1002 ( 1 ) ( 1 ) ( 1 (! Required under this section in the county jail 110425, set out as note! Be considered in possession of a controlled substance with the intent to distribute a controlled with... 8 grams of morphine, opium, or heroin 110425, set as. 6055 ( a ), Sept. 26, 1980, 94 Stat 20-2-23 and 20-2-25 private image with intent distribute... 109177, 732, inserted or manufacturing after cultivating in introductory provisions jail, one-half of fines... ( b ) ( 1 ) ( a ), Oct. 27, 1970, 84 Stat, is. For the operation of the law affects your life 99570, 1005 ( a ) ( )... Your practice more Effective and efficient with Casetexts legal research suite and other materials whose and. Section 802 of this crime for violations involving a quantity of marihuana exceeding 1,000 pounds - 8 of! Adopted some version of the law affects your life controlled substances ; with. To minimize or avoid the consequences to hard labor for the sake of prurient appeal I aggressively!
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