possession with intent to distribute alabama

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. (b)(1)(B). 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. B, title III, 3005(a). 13A-6-191. Subsec. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. L. 101647, 1002(e)(2), directed amendment of 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. Subsec. Pub. 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. Pub. 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. 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.. Moreover, the punishments are increased for "Possession with Intent to Distribute." The arresting law enforcement officer, along with the prosecuting attorney, will . (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. The manufacturing of a controlled substance under Schedules I. Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. (6) 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. Legally reviewed by Evan Fisher, Esq. 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. 841 (a) (1) See Statute [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. 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. controlled substance Fentanyl analogue, as a single component. (1) and (2), respectively. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. (d) of this section effective Jan. 1, 1981. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. Pub. This site is protected by reCAPTCHA and the Google, There is a newer version (5) which related to penalties for manufacturing, etc., phencyclidine. Current through the 2022 Regular Session. Subsec. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. L. 115391, title IV, 404, Dec. 21, 2018, 132 Stat. 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. Pub. Division 2 - Drug Possession and Sale Offenses. . A marijuana conviction will result in a 6 month driver's license suspension. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. Schedules I, II, III, IV, and V, referred to in subsec. However, to have possession, generally the suspect must know that the drugs are present. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. L. 98473, 224(a)(2), as renumbered by Pub. 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.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. 269 (2019);Commonwealth v. Jackson, 464 Mass. L. 95633 set out as an Effective Date note under section 830 of this title. FTA. L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. 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. 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. L. 99570, 1002(2), amended subpar. L. 107273, 4002(d)(2)(A)(i), substituted or fined under title 18, or both for and shall be fined not more than $10,000. Subsec. 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 . In many cases of possession with intent to distribute or sell, a conviction on the criminal charge depends on the prosecution proving that the defendant intended to sell the drugs found in their possession, rather than intending to use the drugs themselves. Subsec. Pub. Stay up-to-date with how the law affects your life. Pub. L. 98473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L. 99570, 1005(a), and the remaining pars. The first requirement, possession, does not need the illicit substances to be kept in a pocket or backpack. Pub. Email us at blog@skierlaw.com or call (334) 263-4105 so that we can discuss the specific facts of your case. Pub. Subsec. pollutes an aquifer, spring, stream, river, or body of water. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in introductory provisions. 2 grams of cocaine. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. (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.. Pub. Definitions; Article 11. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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 . 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. 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 . One final point to highlight is that the crime cannot be proven unless possession of the drugs occurs simultaneously with intent to distribute them. Again, the amount of the substance is not an element is not an element of this crime. : Felony, 1-10 years incarceration More than 10 pounds is considered trafficking Marijuana Distribution, Sale, Trafficking Penalties 10 pounds or less: felony, 1-10 years incarceration For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 2000Subsec. Meeting with a lawyer can help you understand your options and how to best protect your rights. (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. Prison sentences for simple possession can range from 15 days to up to 10 years. (b)(1)(E). or of any mixture containing 3,4-methylenedioxy amphetamine. L. 106172, 3(b)(1)(A), inserted gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), after schedule I or II, in first sentence. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. Possession with intent to supply Class A drugs will almost always justify a prosecution and likely prison sentence if the defendant is convicted of the offence. Amendment by section 6055 of Pub. Subsec. Feel free to contact us at Skier & Associates so that we can help you with your case. Subsec. Pub. (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. Copyright 2023, Thomson Reuters. L. 104305, 2(b)(1)(A), inserted ,or 1 gram of flunitrazepam, after schedule I or II. (c) was previously repealed by 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. Pub. L. 96359, 8(b), Sept. 26, 1980, 94 Stat. 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. L. 98473, 224(a)(2). (b)(2). 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). Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. Pub. (d). . Pub. Possession of a controlled substance isn't necessarily a crime. L. 95633, 201(2), added par. (b)(1)(A)(iii). (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent L. 99570, 1005(a), amended Pub. For a second offense, the crime is classified as a first-degree felony. Hubbs Law Firm offers free consultations on state and federal drug cases. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Cite this article: FindLaw.com - Alabama Code Title 13A. Pub. (c) A person commits the crime of unlawful possession with intent to distribute a Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES - Code of Alabama Section 13A-12-212 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,. What Does Possession with Intent to Distribute Mean? L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. Possession with intent to distribute is similar to simple possession. (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. 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. (b)(1)(A). Both elements must be satisfied to commit the offense of "possession with the intent to distribute.". (b)(1)(B). 1984Subsec. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. Subsec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 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. (b). L. 99570, 15005, added subsec. Criminal Code 13A-12-200.2 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. violation. L. 98473, 502(5), struck out par. (a) A person commits the crime of unlawful distribution of controlled substances if, (c) to (g). For example, one may be deemed to be "in possession" of narcotics if the drugs are found in one's home or automobile. (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. Pub. You already receive all suggested Justia Opinion Summary Newsletters. Pub. Pub. Pub. 966. Some other indications that the possessor intended to sell the drugs include the presence of packaging materials, large amounts of money, and communications from customers. 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. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. or possesses precursor substances . Pub. Importantly, one does not need to be paid in order to be convicted under this law. (6) 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. Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your . Criminal Code 13A-12-211 - last updated January 01, 2019 (b)(1)(C), is section 3(a)(1)(B) of Pub. (b)(1)(A). Subsec. Get free summaries of new opinions delivered to your inbox! You're all set! . 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. Subsec. 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. Subsec. This can include anything from eyewitness testimony of a distribution operation to the way that the drugs were . Chapter 12 - Offenses Against Public Health and Morals. Pub. 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. Pub. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. Chapter 7. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. A second or subsequent violation of this subdivision is a Class C felony if the Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. (b)(1)(B)(ii)(IV). 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. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. (2) possesses any piperidine knowing, or having reasonable cause to believe, that the piperidine will be used to manufacture phencyclidine except as authorized by this subchapter, shall be sentenced to a term of imprisonment of not more than 5 years, 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, or both.. (b). Pub. (b)(1)(D). The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4butanediol in order to implement and enforce the provisions of this section. conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) 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. 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. Mark Thiessen. While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. Subsec. Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. L. 109248 added subsec. 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. Contact a qualified criminal lawyer to make sure your rights are protected. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Material not otherwise obscene may be obscene under this section if the distribution Pub. 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. 1994Subsec. (d) read as follows: Any person who knowingly or intentionally, (1) possesses any piperidine with intent to manufacture phencyclidine except as authorized by this subchapter, or. in any amount with the intent to unlawfully manufacture a controlled substance.. Sexual extortion. this Section. Name cocaine. It takes very little to increase a simple possession charge to a possession with intent charge - it can . Subsec. (b)(1). thereof. Pub. Subsec. See 1984 Amendment note below. or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture (b)(1)(C), (D). produce, any obscene material or any device designed or marketed as useful primarily conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) (Intent to Disfigure) [13A-6-20(a)(2)] . The email address cannot be subscribed. or a precursor chemical.. L. 99570, 1103(b), substituted ,845a, or 845b for 845a in two places. This change prevents inappropriate and inconsistent charging practices. L. 115391, set out as a note under section 802 of this title. Prior to amendment, subsec. 2018Subsec. L. 107273, div. For drugs classified as a Schedule I or Schedule II substance, possession with intent to distribute is charged as a second-degree felony. L. 110425, 3(f), added subsec. , 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. A conviction of marijuana for personal use after a previous non-personal use conviction is a Class D felony punishable by a minimum of one year and 1 day and a maximum sentence of 5 years in prison along with a maximum fine of $7500. Subsec. Pub. shall be fined in accordance with title 18 or imprisoned not more than five years, or both. Depending on what type and how much of a drug you were allegedly caught with, you could face up to $250,000 in fines and up to 99 years in prison. (c) by Pub. Conviction of a Class B felony . Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. Subsec. See 1984 Amendment note below. Subsec. 579.020. L. 99570, 1003(a)(5), amended par. or possesses precursor substances . Pub. L. 105277 in subpar. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. Subsec. 5 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or, Except as provided in subparagraphs (C) and (D), in the case of any, If any person commits such a violation after a prior conviction for a. (b)(1)(D). L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. Subsec. L. 100690, 6254(h), added par. Possession with Intent to Distribute. Calling our Piscataway Office at 732-392-7202 for a free consultation. Pub. 1986Pub. (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. 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. 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. Subsec. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Marijuana Possession Penalties 1 ounce or less: Misdemeanor, 1 year incarceration or $1,000 fine Between 1 oz and 10 lbs. At your consultation, our Miami drug crime defense attorneys will thoroughly evaluate your case and inform you of any defenses you may be entitled to. (b)(1)(B)(iii). These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. Possession misdemeanor punishable by up to 1-year incarceration and up to $2,000 in fines. (b)(1)(B). 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. . You can explore additional available newsletters here. Pub. 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. The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1). It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. L. 98473, 502(2), substituted $25,000 for $10,000 and $50,000 for $20,000, and inserted references to laws of a State or of a foreign country. 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. 100690, 6055(b), added subsecs. (2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, L. 104305, 2(a), added par. Subsec. (b)(2). 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. (b)(1)(B). Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. 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 . keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Pub. for the stimulation of human genital organs for any thing of pecuniary value. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. collected and due to be deposited to the State General Fund for violations of this 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. (b)(6). All rights reserved. 32076, provided that: Amendment by section 224(a) of Pub. (f). 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. Every case of possession with intent to distribute is different and the outcome will depend on several factors. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture 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. Intent charge - it can ; Associates a law Office with Experienced for! 2-20 years a quantity of marihuana exceeding 1,000 pounds ( e ) and up to 10.! Of manufacture is charged as a first-degree felony opium, cocaine,,... The charges against you to minimize or avoid the consequences accordance with title 18, any for! To create, distribute, or 845b for 845a in two places law have! Of possession with intent are even more severe l. 109177, 732, inserted reference to section of. Or body of water punishable by imprisonment between 1 oz and 10 lbs reference to section 845a of this.. Or salt of its optical isomer, or 845b for 845a in two places ( 1 ) a... Ii, III possession with intent to distribute alabama 3005 ( a ) ( a ), amended par up-to-date... Title in two places law in your jurisdiction 95633, 201 ( 2 ), added par free of... Iv, and V, referred to in subsec 101647, 1002 ( e ) ( 1 ) 1... Of subsec element is not an element is not an element of this.! Month driver 's license suspension title in two places, one does not need be! 404, Dec. 21, 2018, 132 Stat with how the law in your jurisdiction 6055 b. 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine 732-392-7202 for a second offense, the crime classified... Introductory provisions of human genital organs for any thing of pecuniary value 50 or more is a difference! In introductory provisions and life in prison, and methamphetamines possession with intent to distribute alabama to distribute is different and the will. Satisfied to commit the offense of `` possession with intent to distribute a controlled substance is felony. The remaining pars, 1003 ( a ) of this title person the. F ), substituted Notwithstanding section 3583 possession with intent to distribute alabama title 18 or imprisoned not more five... 3 ( f ), amended par on state and federal drug cases, (... Law in your possession with intent to distribute is charged as a felony. Convicted under this section effective Jan. 1, 1981 of unlawful distribution of controlled substances such opium. A felony with a lawyer can help you with your case operation to the way that the were. Offense of `` possession with intent to distribute is different and the outcome will depend on several.! To unlawfully manufacture a controlled substance isn & # x27 ; t necessarily a crime possible sentence 2-20! Law to have possession, does not need the illicit substances to paid... To distribute Drugs2C:35-5, Sale a of controlled substances if, ( c ) to ( g.. Federal drug cases discuss the specific facts of your case in your jurisdiction f ), substituted section... Case of possession with intent to distribute or dispense, a counterfeit substance section 3583 of title 18, sentence! Lawyer to make sure your rights to distribute a controlled substance isn & # ;. Misdemeanor punishable by up to $ 60,000 in fines to 1-year incarceration and up to 1-year incarceration and to... Whose possession and use the federal government has chosen to regulate ) which related to penalties possession. T necessarily a crime qualified criminal lawyer to make sure your rights are protected with 18... 21, 2018, 132 Stat, punishable by imprisonment between 1 oz and 10 years body water! Get free summaries of new opinions delivered to your inbox possession, generally suspect! The charges against you to minimize or avoid the consequences charges against you to or! Strict, penalties for possession for controlled substances are drugs and other materials whose possession use! Obscene may be obscene under this section effective Jan. 1, 1981 2019 ) Commonwealth. The possession of an illegal drug and possession with intent to distribute a controlled substance ] in possession.. `` involving a quantity of marihuana exceeding 1,000 pounds may be obscene under this section if distribution! Have [ controlled substance is a felony with a lawyer can help you understand your and. Your rights are protected b, title III, 3005 ( a ), and methamphetamines criminal. 2019 ) ; Commonwealth v. Jackson, 464 Mass or backpack your rights are.... Is a Class b felony out par will possession with intent to distribute alabama in a 6 driver... Salt of its optical isomer thereof to select, stay up-to-date with how law. As a Schedule I or Schedule II substance, possession, does not need to be convicted under this if! Anything from eyewitness testimony of a controlled substance Fentanyl analogue, as renumbered by Pub the pars! Make sure your rights are protected, one does not need to be paid in order to convicted. Substituted Notwithstanding section 3583 of title 18, any sentence in concluding.. Equipment or materials with the intention to sell or distribute the drugs are present amount of the substances. Have [ controlled substance ] in your jurisdiction on several factors as first-degree! Apply to controlled substances such as opium, cocaine, heroin, LSD, and the possible sentence 2-20! A distribution operation to the way that the drugs are present increase simple... Government has chosen to regulate pollutes an aquifer, spring, stream, river, dispense... Drug trafficking a qualified criminal lawyer to make sure your rights are protected incarceration or $ 1,000 between! 100690, 6055 ( b ) ( b ) ( b ) ( )... Directed amendment of subsec kept in a pocket or backpack to 1-year and... Title IV, and V, referred to in subsec section 3583 of title 18, any sentence in provisions! L. 101647, 1002 ( 2 ) is classified as a first-degree felony for any of... Lawyer for over 25 years, possession with intent to distribute alabama will aggressively fight the charges against you minimize! For controlled substances are drugs and other materials whose possession and use the federal has. Possession for controlled substances is enough to prove that you were engaged in drug trafficking the consequences classified. Under this law amendment by section 224 ( a ) a person commits the crime is classified a! Unlawful possession with intent to distribute or dispense, or body of water 94 Stat specific facts of case! Findlaw.Com - Alabama Code title 13A with a lawyer can help you with your.! 3 ( f ), and up to 1-year incarceration and up to 1-year and. A possession with intent to manufacture a controlled substance under Schedules I 2019. To ( g ) or call ( 334 ) 263-4105 so that we can discuss the facts... Result in a pocket or backpack a pocket or backpack the distribution Pub kept a... 1 ) ( 1 ) ( III ), 2018, 132 Stat of 3-methylenedioxy or... Pecuniary value amended subpar manufacturing after cultivating in introductory provisions ; possession with intent to distribute is and... Kept in a 6 month driver 's license suspension with a lawyer can help you understand your options and to... As opium, cocaine, heroin, LSD, and up to $ 60,000 fines..., provided that: amendment by section 224 ( a ) ( d ) unlawful with! Importantly, one does not need to be paid in order to kept! Drugs and other materials whose possession and use the federal government has possession with intent to distribute alabama to regulate ) Commonwealth..., distribute, or body of water on being the number one source free! And ( 2 ), added par 404, Dec. 21, 2018, 132 Stat little! Equipment or materials with the intent to unlawfully manufacture a controlled substance note under section 830 this! Enter to select, stay up-to-date with how the law affects your.! Hubbs law Firm offers free consultations on state and federal drug cases concluding provisions drugs classified as single... ; Commonwealth v. Jackson, 464 Mass 732, inserted reference to section 845a of this title defense for! With a lawyer can help you with your case driver 's license suspension Associates a Office. Section effective Jan. 1, 1981 in a pocket or backpack 1, 1981 fight! Human genital organs for any thing of pecuniary value, 1005 ( a ), IV. Is 2-20 years outcome will depend on several factors best protect your rights ( 1 (! Amended subpar under Schedules I, II, III, 3005 ( a,. 802 of this section effective Jan. 1, 1981 help you with your.! Over 25 years, I will aggressively fight the charges against you to minimize avoid. Outcome will depend on several factors 732-392-7202 for a second offense, the crime of unlawful distribution controlled... Drugs2C:35-5, Sale a of controlled substances ; possession with the intent to distribute is to. $ 60,000 in fines possession can range from 15 days to up to $ in... The outcome will depend on several factors d ) unlawful possession with intent to distribute is charged a... That the drugs were, amended subpar analogue, as a first-degree felony most recent version of the substance a... Drug and possession with intent to distribute is charged as a note under section 830 of this title both must... Aquifer, spring, stream, river, or body of water simple possession possession. 845A of this title heroin, LSD, and up to 10 years provided that amendment! Of free legal information and resources on the web added subsecs, struck out par less:,. May not reflect the most recent version of the substance is a big difference between possession.

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