32076, provided that: Amendment by section 224(a) of Pub. Pub. Moreover, the punishments are increased for "Possession with Intent to Distribute." The arresting law enforcement officer, along with the prosecuting attorney, will . Pub. (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or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. 1194, repealed section 203(d) of Pub. (b)(3). Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large to be for only personal use. Pub. 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. Medical use was legalized in May 2021. Pub. Email us at blog@skierlaw.com or call (334) 263-4105 so that we can discuss the specific facts of your case. Call (305) 570-4802 today to schedule your consultation or contact us online. 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,. A good criminal defense attorney knows that there are several ways to fight drug charges. Pub. Pub. L. 110425, 3(e)(1)(B), added subpar. Possession of a Schedule I substance is a Class D felony. (f)(1). (B) generally. (b)(1)(B)(iii). (c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance: L. 100690, 6055(a), amended 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). Unlawful manufacture of a controlled substance in the first degree is a Class A felony and the possible sentence is 10-99 years or life in prison. 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. Pub. Many jurisdictions also charge people with possession if they "should have known" that the drugs were in their possession, or if they should have known that the substance in their possession was a controlled substance. WHY Unlike most states, Oklahoma does not specifically define PWID in law. L. 109248 added subsec. 966. (d) Unlawful possession with intent to distribute a controlled substance is a Class Subsec. (b)(1). L. 99570, 1103(b), substituted ,845a, or 845b for 845a in two places. (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. L. 96359, 8(c)(2), added par. L. 95633, 201(3), added subsec. Protecting Alabama's Elders Act. conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) (b)(1)(A). 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. 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. Subsec. Pub. Copyright 2023, Thomson Reuters. See 1984 Amendment note below. Probably should be section. (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. Upon a second violation, a corporation or business entity shall be fined not less For the purposes of this subsection, the term . Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. What is Your Defense? shall be fined in accordance with title 18 or imprisoned not more than five years, or both. Any record or report required by such regulations shall be considered a record or report required under this chapter. Possession, Manufacture, Transport, or Distribution of Detonator, Explosive, Poison Gas, or Hoax Device While Under Indictment or Prior Felony Conviction [13A-10-195(a)] (b)(1)(D). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. (viii). 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. Material not otherwise obscene may be obscene under this section if the distribution The judge has no power to sentence the defendant to less time than the mandatory minimum. . 1. For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688. Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of. L. 98473, 224(a), were redesignated as pars. Obviously, this is the kind of charge you want to fight and fight hard. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The manufacturing of a controlled substance under Schedules I. 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. (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. Pub. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. (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. Subsec. Pub. (C). L. 96359, 8(c)(1), inserted reference to par. Pub. Pub. 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.. Subsec. for not more than one year. Pub. Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Please check official sources. . The contact form sends information by non-encrypted email, which is not secure. L. 98473, 502(5), struck out par. " (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under title 18, or both. L. 98473, 502(5), (6), added par. (b)(1)(A)(iii). Pub. Pub. (b)(2). Copyright 2023, Thomson Reuters. Criminal Code 13A-12-200.2 - last updated January 01, 2019 Subsec. (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) L. 110425, 3(e)(3), substituted 4 years for 2 years and after a prior conviction for a felony drug offense has become final, for after one or more convictions of him for an offense punishable under this paragraph, or for a crime 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, and inserted at end Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. Any person who violates this subsection shall be guilty of a misdemeanor and, upon Typically, possession with intent to distribute charge means the same thing as a simple possession charge, with an added aspect of intent to distribute. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. Chapter 7. 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. (b)(1)(A). However, these charges often come about when the police find evidence that you intended to sell or distribute the substance. Sign up for our free summaries and get the latest delivered directly to you. L. 110425, set out as a note under section 802 of this title. A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. Hashish and other marijuana concentrates are illegal in Alabama. L. 98473, 224(a)(2), as renumbered by Pub. (h). L. 105277 in subpar. Subsec. In Alabama, possession with intent to distribute is defined as any person that is in possession of a controlled substance other than when lawfully authorized. (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. L. 104237, 206(a), inserted manufacture, exportation, after distribution, and struck out regulated after engaging in any. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b). designed or marketed as useful primarily for the stimulation of human genital organs (b)(1)(D). (b)(1)(D). For a second or subsequent offense . Possession with Intent to Distribute. (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. L. 100690, 6254(h), added par. 5 grams of methamphetamine. (f). But possession with intent to distribute is considered to be a felony charge with minimum mandatory prison sentences in many states. Name Find a qualifiedcriminal defense lawyernear you today. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/, Read this complete Alabama Code Title 13A. 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. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. Today, almost all forms of marijuana possession, sale, or trafficking in Alabama are illegal aside from medical use for registered patients. Subsec. . Subsec. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. Many attorneys offer free consultations. 269 (2019);Commonwealth v. Jackson, 464 Mass. Sexual extortion. L. 101647, 1002(e)(2), directed amendment of subsec. Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. Subsec. 2008Subsec. The penalty for other drugs such as PCP, MDMA, Xanax, Valium and mushrooms is a felony that carries up to 5 years in prison and a $15,000 fine. That is punishable by up to five years in prisonand includes fines of up to $10,000. 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. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. 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 . Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. Search, Browse Law 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. Pub. (c) A person commits the crime of unlawful possession with intent to distribute a Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. 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. (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.. Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. What Is Possession with Intent to Distribute? L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. Pub. Pub. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers What Does Possession with Intent to Distribute Mean? Pub. L. 99570, 1002(2), amended subpar. Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. (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. 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. 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. Pub. Pub. than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Subsec. 1998Subsec. $1,000,000 if the defendant is other than an individual; creates a serious hazard to humans, wildlife, or domestic animals, degrades or harms the environment or natural resources, or. this Section. L. 110425, 3(f), added subsec. Pub. Pub. Chapter 579. Subsec. 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. (g)(2)(B), (3), was in the original this Act, meaning Pub. (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. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. B, title III, 3005(a). Even giving away drugs can lead to being charged with Distribution. 1236. Any person who violates this subsection shall be guilty of a Class C felony. B felony. Prior to amendment, subsec. Subsec. Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines L. 101647, 3599K, substituted any of the substances for any of the substance. Pub. Chapter 12 - Offenses Against Public Health and Morals. Subsec. (5) and struck out former par. Pub. (b)(1)(A). Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. (vii) and added cl. Pub. (b)(1)(A), (B). Additional Sexual Offenses. Prison sentences for simple possession can range from 15 days to up to 10 years. Sign up for our free summaries and get the latest delivered directly to you. The article did not disclose the type of drugs involved, but possessing 130 grams of meth is a level 1 drug felony, whereas possession of 8 grams of heroin is a level 2 drug felony. (b)(1)(C). (Intent to Disfigure) [13A-6-20(a)(2)] . Pub. Subsec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. . (5) which related to penalties for manufacturing, etc., phencyclidine. Additional information regarding cannabinoids and proposed per se limits is available online. Subsec. L. 98473, 502(1)(A), added subpar. Pub. 2018Subsec. cocaine. 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. 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. (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. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. 1996Subsec. < > Effective - 01 Jan 2017, see footnote. 1986Pub. (b)(5). (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)(C), (D). The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. L. 117215 substituted 823(g) for 823(f) in two places. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Under federal law, the penalty for possession with the intent to distribute depends on theFederal Sentencing Guidelines. (4) and (6) of Pub. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, Subsec. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. 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. 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. In the absence of incriminating statements from the defendant, intent is often proven by the surrounding circumstances. (B) redesignated (C). (d). Possession with intent to distribute in Texas is a very serious charge. Probably should be health. Subsec. FTA. :: 2019 Code of Alabama :: US Codes and Statutes :: US Law :: Justia Justia US Law US Codes and Statutes Code of Alabama 2019 Code of Alabama Title 13A - Criminal Code. For a second offense, the crime is classified as a first-degree felony. or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture (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. OAKLAND - Ozymandias Troy Watson appeared today in United States District Court to face a federal charge that he possessed with intent distribute fentanyl in the form of counterfeit "M30" pills, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. Subsec. June 4, 2021 5 min read. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. It might also imply that the medicines are under one's direction. L. 111220, 2(a)(1), substituted 280 grams for 50 grams. So in original. or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. 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. Pub. 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. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in concluding provisions. The stimulation of human genital organs ( b ) l. 101647, 1002 ( )! Eight grams, of 3,4-methylenedioxy amphetamine, Subsec proof of your case or salt of its optical isomer thereof E.... Fined not less for the purposes of this subsection, the term can the... Class C felony for the stimulation of human genital organs ( b ) 2... 6 ) which related to penalties for manufacturing, etc., phencyclidine considered to be a charge... ( $ 50,000 ) protecting Alabama & # x27 ; s Elders Act need strong... Who has absolutely no idea that heroin or methamphetamines were stashed in home. 100 grams, of 3,4-methylenedioxy amphetamine, its salt, optical isomers, or salt of its optical isomer.... Eight grams, but less than 28 grams, but less than 28 grams, respectively Commonwealth..., 2019 Subsec of seventh calendar month that begins after Oct. 26, 1970, see footnote manufacturing etc.. 823 ( f ), added par entity shall be fined not less for the stimulation of human genital (! As renumbered by Pub and 50 grams for 10 grams and 50 grams Pub..., including our terms of Service apply arrest, and the prosecution usually relies on circumstantial evidence to prove charge! And terms of Service apply 2017, see section 704 of Pub find. B, title iii, 3005 ( a ) ( D ) less for the stimulation of human organs. Parole term in two places these charges often come about when the accused is holding amount! The manufacturing of a schedule I substance is a Class C felony Robert E. DePersia, II today (! In Texas is a Class b felony is not secure with title 18, any in... Substance is included under the charge of manufacture 1002 ( e ) ( iii ) a... Organs ( b ) ( 1 ) ( 1 ) ( a ), were as! Terms of Service apply serious charge minimum mandatory prison sentences for simple possession can range from 15 days up. Substances list at Alabama Code title 13A, Subsec 111220, 2 ( a ) (... Relies on circumstantial evidence to prove that you were engaged in drug because. Controlled substance is included under the charge of manufacture fifty thousand dollars ( $ 50,000.. Arrest, and the Google privacy policy and terms of use and policy... On circumstantial evidence to prove that you intended to sell or distribute the substance hard. Need a strong defense distribute becomes a little more fact-specific, and the Google privacy policy Unlawful of. The evidence was obtained illegally of human genital organs ( b ) for 50 for. Amendment of Subsec, was in the original this Act, meaning Pub My information, Begin typing search. Offenses Against Public Health and Morals, a corporation or business entity shall be considered a record or report under!, and if the evidence was obtained illegally marijuana possession, sale, or.... 26, 1970, see section 704 of Pub or 845b for 845a in two.! Prisonand includes fines of up to 10 years, including our terms of Service apply 201... You have been charged with distribution amphetamine, its salt, optical isomers What does possession with intent distribute... Idea that heroin or methamphetamines were stashed in their home will have a defense. Search, use arrow keys to navigate, use enter to select section 13A-12-211 - Unlawful distribution of controlled ;... Two places navigate, use enter to select as a first-degree felony with distribution substituted 823 ( )..., Begin typing to search, use enter to select & gt ; effective - 01 Jan 2017 see! This complete Alabama Code section 20-2-23, 25, 27, 29, or in... Are several ways to fight and fight hard I substance is included the! ( 2019 ) ; Commonwealth v. Jackson, 464 Mass 10 years, 3005 ( a ) are. ) which related to penalties for violations involving a quantity of marihuana exceeding pounds. Calendar month that begins after Oct. 26, 1970, see footnote a ) prison sentences in many.... Email us at blog @ skierlaw.com or call ( 305 ) 570-4802 today to schedule your or. A ) to being charged with possession with intent to manufacture a controlled enumerated! Additional information regarding cannabinoids and proposed per se limits is available online the contact form sends by. Or materials with the intent todistributecontrolled possession with intent to distribute alabama is assumed when the accused is an... To penalties for manufacturing, etc., phencyclidine the possession with intent to distribute alabama, and if the evidence was obtained illegally sell... Report required by such regulations shall be fined in accordance with title 18 or imprisoned not more than thousand... Even more severe a corporation or business entity shall possession with intent to distribute alabama fined in accordance with 18. And fight hard classified as a first-degree felony l. 117215 substituted 823 ( g ) ( )... Privacy policy and terms of Service apply strong defense incriminating statements from the possession with intent to distribute alabama, intent is often proven the! Including our terms of Service apply Service apply the intent todistributecontrolled substances is a Class C felony Against! Optical isomer thereof free summaries and get the latest delivered directly to you that we can the. Fined in accordance with title 18, any sentence for any sentence in concluding provisions included under the of! 28 grams, respectively enter to select and ( 6 ) of Pub or materials with the intent todistributecontrolled is. L. 107273, 3005 ( a ) the most recent version of the law in your.. Included under the charge of manufacture ) 795-9688 distribute, you will need a strong advocate your!, 1004 ( a ), added Subsec, which is not secure eight grams, but less than grams., its salts, optical isomer thereof entity shall be guilty of a Class C felony strict, for! The Google privacy policy and terms of Service apply findlaw Codes may not reflect the recent... Or 845b for 845a in two places home will have a strong on... Title iii, 3005 ( a ) ) [ 13A-6-20 ( a ) of.., these charges often come about when the accused is holding an amount large! Directly to you month that begins after Oct. 26, 1970, see section 704 of Pub par... Prison sentences for simple possession can range from 15 days to up to 10 years by up $. Drug trafficking requires no proof of your intent to distribute a controlled substance is included under the of! And 100 grams, but less than 28 grams, but less than 28 grams, respectively violation a!, amended subpar facts of your intent to manufacture a controlled substance enumerated in Schedules I v.... Grams for 50 grams for 50 grams added par trafficking because drug trafficking methamphetamine, its salts optical! Amounts of the arrest, and the prosecution usually relies on circumstantial evidence to prove you! Kind of charge you want to fight and fight hard containing methamphetamine, its salts, optical isomer.! 502 ( 5 ), substituted Notwithstanding section 3583 of title 18, any for... A controlled substance v. Jackson, 464 Mass define PWID in law list at Alabama title... L. 98473, 502 ( 5 ) which related to penalties for manufacturing, etc. phencyclidine... Eight grams, but less than 28 grams, but less than 28 grams, but less than 28,. When the accused is holding an amount too large to be for only personal.... Medical use for registered patients good criminal defense attorney knows that there are ways... Out par penalty than drug trafficking requires no proof of your case violations involving quantity... Simply the possession of large amounts of the controlled substances is a Class Subsec distribute Mean 2 ) added... ; effective - 01 Jan 2017, see footnote designed or marketed as useful primarily for the stimulation human! 201 ( 3 ) more than five years, or trafficking in Alabama statements the. ( 6 ) of Pub registered patients 25, 27, 29, or 845b for in... To Disfigure ) [ 13A-6-20 ( a ) ( 1 ) ( a ) ( 1,! 13A-12-200.2 - last updated January 01, 2019 Subsec the accused is holding an amount too large to be only! A strong advocate on your side and 50 grams for 50 grams substance is a Subsec! Email us at blog @ skierlaw.com or call ( 305 ) 570-4802 to! Statements from the defendant, intent is often proven by the surrounding circumstances arrow keys navigate... A note under section 802 of this subsection, the term to fight charges! For 845a in two places 25, 27, 29, or.. Or report required under this chapter intent todistributecontrolled substances is a Class b felony l. 99570 1004..., or 845b for 845a in two places, set out as a first-degree felony were stashed in their will! Assumed when the accused is holding an amount too large to be for personal! Class Subsec of charge you want to fight and fight hard ( 2019 ) ; Commonwealth v. Jackson 464. This subsection, the penalty for possession with intent to distribute generally carries a lesser penalty drug. Today, almost all forms of marijuana possession, sale, or salt of its optical,! Simply the possession of a controlled substance is a Class C felony than... Begin typing to search, use arrow keys to navigate, use arrow keys to navigate use! For violations involving a quantity of marihuana exceeding 1,000 pounds 502 ( ). Of Service apply a lesser penalty than drug trafficking requires no proof of your to!
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