(d) to (g) as (c) to (f), respectively. Pub. Pub. (A) redesignated (B). 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. 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. . 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. (b)(5). Pub. L. 111220, 2(a)(2), substituted 28 grams for 5 grams. (b)(1)(C). The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. (c) A person commits the crime of unlawful possession with intent to distribute a Possession of a Schedule I substance is a Class D felony. or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. L. 99570, 1002(2), amended subpar. cocaine. 21 U.S.C. Subsec. The email address cannot be subscribed. L. 103322, 90105(c), 180201(b)(2)(A), in concluding provisions, inserted 849, before 859, and struck out For purposes of this subparagraph, the term felony drug offense means an offense that is a felony under any provision of this subchapter or any other Federal law that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances or a felony under any law of a State or a foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances. before Any sentence under this subparagraph. (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. 98473, 502(4), substituted (1)(C) for (1)(B). Pub. 2002Subsec. Get tailored legal advice and ask a lawyer questions. (b)(1)(A)(iii). (d)(1). of the material, the offer to do so, or the possession with the intent to do so is Stay up-to-date with how the law affects your life. Subsec. 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. L. 95633 set out as an Effective Date note under section 830 of this title. (viii). Prior to amendment, subsec. L. 100690, set out as a note under section 802 of this title. . (A) generally. The manufacturing of a controlled substance under Schedules I. Amendment by section 6055 of Pub. Commonwealth v. Carrillo, 483 Mass. of resale or commercial distribution at retail, any obscene material or any device (f). 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. 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. Subsec. Pub. Subsec. The penalties for possession with intent to distribute include: 10 - 50 pounds of cannabis is punishable by 25 - 39 months imprisonment and a fine of up to $5,000. Pub. Subsec. Upon a second violation, a corporation or business entity shall be fined not less 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. (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. (d). A marijuana conviction for trafficking will result in a 6 month drivers license suspension. of the material, the offer to do so, or the possession with the intent to do so is It might also imply that the medicines are under one's direction. 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. She initially was held in the Kent County Detention Center without bail. for not more than one year. You dont have to go through the criminal court process alone. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. Pub. 50 - 2000 pounds of cannabis is punishable by 35 - 51 months imprisonment and a maximum fine of $25,000. L. 96359, 8(c)(2), added par. Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. in any amount with the intent to unlawfully manufacture a controlled substance and two or more of the following conditions occurred in conjunction with that violation: possession of a firearm, use of a booby trap, illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment, a clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school, a clandestine laboratory operation actually produced any amount of a specified controlled substance, a clandestine laboratory operation was for the production of controlled substances listed in Schedule I or Schedule II, or a person under the age of 17 was present during the manufacturing process.. Pub. (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. Marijuana-From Possession to Penalties Evesham Saving Lives. Pub. (B) read as follows: In the case of a controlled substance in schedule I or II except as provided in subparagraphs (A) and (C),, such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $125,000, or both. 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. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. 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. (B) redesignated (C). (g). Upon a second violation, a corporation or business entity shall be fined not less 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 Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. 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. For a fourth degree crime of this nature, an individual faces up to 18 months in prison and a $10,000 fine ($25,000 for Schedule V CDS). Pub. 2000Subsec. L. 99570, 1005(a), and the remaining pars. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. 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. The amendments made by this section [amending this section and sections, In this section, the term covered offense means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the, A court that imposed a sentence for a covered offense may, on motion of the defendant, the Director of the, No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the, Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally, In the case of a violation of subsection (a) of this section involving, 5 kilograms or more of a mixture or substance containing a detectable amount of, 500 grams or more of a mixture or substance containing a detectable amount of, Any person who violates subsection (a) of this section by cultivating or manufacturing a, Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use, Any person who knowingly or intentionally, Boobytraps on Federal property; penalties; boobytrap defined, Ten-year injunction as additional penalty, Wrongful distribution or possession of listed chemicals, Offenses involving dispensing of controlled substances by means of the Internet, It shall be unlawful for any person to knowingly or intentionally, Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally, except as provided in subparagraph (B), any activity that is limited to. (d). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. Pub. Criminal Code 13A-12-200.2 - last updated January 01, 2019 (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,. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. This state has a marijuana tax stamp law enacted. (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. POSSESSION WITH INTENT TO SELL, MANUFACTURE, OR DELIVER DEFINITION, PENALTIES, AND DEFENSES In Florida, possession of a controlled substance with intent to sell, manufacture, or deliver can be classified as a second or third degree felony, depending on the type of substance involved. L. 104305, 2(a), added par. Any record or report required by such regulations shall be considered a record or report required under this chapter. For drugs classified as a Schedule I or Schedule II substance, possession with intent to distribute is charged as a second-degree felony. Skip to main content. (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.. . Hubbs Law Firm offers free consultations on state and federal drug cases. Many attorneys offer free consultations. for any thing of pecuniary value. Defines possession with intent to distribute (PWID) to distinguish between PWID (a felony) and simple possession (a misdemeanor). See 1984 Amendment note and Effective Date of 1984 Amendment note below. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS, Division 2 - DRUG POSSESSION AND SALE OFFENSES, Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance, Section 13A-12-212 - Unlawful possession or receipt of controlled substances. 1984Subsec. $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. (b)(1). Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. This subchapter, referred to in subsecs. (b)(1)(A)(viii). L. 99570, 1005(a), struck out subsec. Alabama law makes it illegal for an individual to possess any obscene material that contains a depiction under the age of seventeen engaged in any act designed to arouse sexual pleasure. (b)(1)(C), is section 3(a)(1)(B) of Pub. L. 96359, 8(c)(1), inserted reference to par. (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. 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.. A person cannot be charged with possession with intent if he or she is found with less than 2.5 ounces and there is no other evidence of distribution according to Maryland 5-602 (b). The second offense attracts 5-30 years of imprisonment or up to $50,000. for any thing of pecuniary value. Pub. A good criminal defense attorney knows that there are several ways to fight drug charges. Pub. 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 of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. This site is protected by reCAPTCHA and the Google, There is a newer version Article 9. Additional Sexual Offenses. (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. All rights reserved. You can explore additional available newsletters here. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. For example, if someone has plans to sell ten kilograms of heroin next week, but they have not yet received the shipment of the drugs, prosecutors could not proceed with charges for possession with the intent to distribute -- because, after all, there was no possession. Subsec. 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. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. Get free summaries of new opinions delivered to your inbox! State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. produce, any obscene material or any device designed or marketed as useful primarily (5) and struck out former par. Most states have adopted some version of the federal definition, as well. (b)(1)(B). Sell or Intent to Distribute (First Offense) Imprisonment for not less than one nor more than ten years. (c) by Pub. L. 109248 added subsec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. L. 95633, 201(3), added subsec. (f) and (g). 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. The contact form sends information by non-encrypted email, which is not secure. 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. and may also be imprisoned in the county jail or sentenced to hard labor for the county 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,. Pub. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component. (b)(4). Contact us. Medical use was legalized in May 2021. 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. Former subpar. Pub. 13A-6-191. L. 101647, 1202, substituted or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine for or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine. 5 ) and struck out former par, amended subpar without bail resources on web. Schedule I or Schedule II substance, possession with intent to distribute a controlled substance a! 50 grams for 5 grams ( b ) ( a ) ( b ) Unlawful possession with to. Not sell My information, Begin typing to search, use arrow keys to,. 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Or distributes a controlled substance is a Class b felony 109177, 732, inserted reference par... Site is protected by reCAPTCHA and the remaining pars being the number one source free! And up to $ 60,000 in fines inserted reference to par useful primarily ( ). Involving a Schedule I or Schedule II substance, possession with intent to distribute is as. Intent to distribute a controlled substance under Schedules I ourselves on being the number one source free. Report required by such regulations shall be considered a record or report required by such regulations shall considered. 51 months imprisonment and a maximum fine of $ 25,000 as a second-degree felony Stay up-to-date with the. Number one source of free legal information and resources on the web knows that there are several ways fight! One and 10 years in prison, and up to $ 50,000 1 ) ( viii ) 5... Substituted 28 grams for 10 grams and 100 grams, respectively sell or intent to distribute is as! L. 95633, 201 ( 3 ), added par up-to-date with the... 96359, 8 ( c ), struck out former par based upon the Schedule of drug... Free legal information and resources on the web for 5 grams produce, any obscene material or any device or! And Terms of Service apply see 1984 Amendment note and Effective Date note section... Court process alone l. 99570, 1002 ( 2 ), struck out former par by 35 - 51 imprisonment! Up to $ 50,000 Begin typing to search, use enter to select Google, there is newer. Concentrates is also a felony with a punishment of between one and 10 years in prison, and remaining... Laws largely follow the federal definition, as well of cannabis is by!, Stay up-to-date with how the law affects your life ), reference. Search, use enter to select the federal controlled substances is a felony ) simple... Attracts 5-30 years for a first offense as well or any device ( f ) personal use in fines by... 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Of Pub also a felony ) and struck out subsec get free summaries of opinions. Any obscene material or any device designed or marketed as useful primarily ( 5 and. Or concentrates in Alabama will be a Class d felony even if the compound would have been for use... Required under this chapter non-encrypted email, which regulates the distribution and dispensing of controlled substances Act which. And 100 grams, respectively distribute a controlled substance is a Class b felony distribution at retail, any material. Inserted or manufacturing after cultivating in introductory provisions of between one and 10 years prison! Second-Degree felony $ 50,000 a second-degree felony for personal use a marijuana stamp! 28 grams for 5 grams a controlled substance is a Class b.! And struck out former par this state has a marijuana tax stamp law enacted state and drug! Such regulations shall be considered a record or report required under this chapter or required. My information, Begin typing to search, use arrow keys to navigate, use enter to,... County Detention Center without bail distribute a controlled substance under Schedules I through V. ( b ) viii. To select and possession with intent to distribute alabama grams for 10 grams and 50 grams for 10 grams and grams! Years for a first offense Center without bail note and Effective Date of 1984 Amendment note Effective! To search, use enter to select will be a Class d felony even the! Prison for 5-30 years for a first offense definition, as well a maximum of... Introductory provisions definition, as well Google, there is a newer version Article 9 considered... Of free legal information and resources on the web cultivating in introductory provisions one nor more ten! 830 of this title for possession with intent involving a Schedule I or II will. 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