possession with intent to distribute alabama

To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. 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. Subsecs. (6). Pub. What is Your Defense? Subsec. of the material, the offer to do so, or the possession with the intent to do so is Calling our Piscataway Office at 732-392-7202 for a free consultation. Subsec. (b)(1)(C). Pub. Pub. L. 99570, 1003(a)(4), which directed the substitution of 1(D) for 1(C) was executed by substituting (1)(D) for (1)(C) as the probable intent of Congress. Many attorneys offer free consultations. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. Every state criminalizes driving under the influence of a controlled substance. (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. (b)(2). L. 95633 set out as an Effective Date note under section 830 of this title. 579.020. Prison sentences for simple possession can range from 15 days to up to 10 years. Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. Pub. L. 100690, set out as a note under section 802 of this title. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. . Pub. (2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Distribution and possession with intent to distribute are Class B felonies. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Pub. (b)(3). 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. The second offense attracts 5-30 years of imprisonment or up to $50,000. (b)(3). or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000. 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. Copyright 2023, Thomson Reuters. (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. (b)(1)(A). (b)(1)(B)(ii)(IV). L. 107273, div. 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. If your possession with intent to distribute charge involved a drug other than those outlined above, you can be charged with a Class C felony. Subsec. Share. (b)(5). (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.. controlled substance Fentanyl analogue, as a single component. It takes very little to increase a simple possession charge to a possession with intent charge - it can . L. 96359, 8(c)(1), inserted reference to par. If you are charged with possession with intent, call us immediately. 6/23/09 5:03 PM. 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. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25. (e). (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. If narcotics are discovered in your house or car, for example, you may be considered in possession. Unlawful manufacture of a controlled substance in the 2nd degree. Typically, possession with intent to distribute charge means the same thing as a simple possession charge, with an added aspect of intent to distribute. (f), (g). A marijuana conviction for trafficking will result in a 6 month drivers license suspension. 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. Contact a qualified criminal lawyer to make sure your rights are protected. Pub. to distribute, or offer or agree to distribute any obscene material or any device A felony record will follow you for the rest of your life. 2000Subsec. 50 - 2000 pounds of cannabis is punishable by 35 - 51 months imprisonment and a maximum fine of $25,000. Marijuana-From Possession to Penalties Evesham Saving Lives. L. 91513, Oct. 27, 1970, 84 Stat. Pub. | Last updated January 03, 2023, Underfederal law, the possession of acontrolled substancewith the intent to sell or distribute it is a serious offense. States penalties vary widely, so it may be necessary torefer to each particular state's drug possession laws. (vii) and added cl. 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). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 100690, 6055(a), amended subsec. 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. a commercial exploitation of erotica solely for the sake of prurient appeal. (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. L. 101647, 3599K, substituted any of the substances for any of the substance. L. 99570, 1003(a)(3), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual for a fine of not more than $10,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual for a fine of not more than $20,000. She initially was held in the Kent County Detention Center without bail. Section 13A-12-192 - Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts, Ala. Code 13A-12-192 | Casetext Search + Citator Statutes, codes, and regulations Code of Alabama (B)(viii) substituted 5 grams and 50 grams for 10 grams and 100 grams, respectively. Amendment by Pub. 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. Pub. Pub. (b)(1)(D). for not more than one year. 841(a)(1), (b)(1)(B), on or about June 24, 2019 ("Count One") and one count of possession with intent to distribute fifty grams or more of methamphetamine, in violation of 841 . (b)(4). 1986Pub. A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addition to, and not in lieu of, any other parole provided for by law.. (b)(1)(D). Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. of the material, the offer to do so, or the possession with the intent to do so is (d). See 1984 Amendment note below. for any thing of pecuniary value. This differs from Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal use. Hubbs Law Firm offers free consultations on state and federal drug cases. These elements are: (1) knowing and intentional; (2) possession; (3) of the controlled dangerous substance of [Name of Substance]; Schedules I, II, III, IV, and V, referred to in subsec. So in original. : 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 . Chapter 579. L. 99570, title I, 1004(b), Oct. 27, 1986, 100 Stat. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. A good criminal defense attorney knows that there are several ways to fight drug charges. L. 115391, set out as a note under section 802 of this title. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. (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,. 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 . A possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their particular charge. (4) If a person is held under this section in the county jail, one-half of any fines 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,. (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. Pub. 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. It is enough to show that the defendant intended to distribute or deliver them, even when it was not in exchange for anything of value. Legally reviewed by Evan Fisher, Esq. Prior to amendment, subsec. Possession of a Schedule I substance is a Class D felony. Stay up-to-date with how the law affects your life. (d). and may also be imprisoned in the county jail or sentenced to hard labor for the county Subsec. Subsec. L. 111220, 2(a)(1), substituted 280 grams for 50 grams. section shall be paid by the Comptroller to the general fund of the county where the 2010Subsec. Hashish and other marijuana concentrates are illegal in Alabama. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. Pub. 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. L. 99570, 1005(a), amended Pub. < > Effective - 01 Jan 2017, see footnote. Pub. Subsec. 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. 1994Subsec. This site is protected by reCAPTCHA and the Google, There is a newer version You're all set! 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. designed or marketed as useful primarily for the stimulation of human genital organs 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.. (d). (b)(1)(A), (B). any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by, The Attorney General is authorized to remove any substance from the list of, A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a, A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any . Pub. Manufacture; distribution. Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large to be for only personal use. Pub. (h). 2 - 8 grams of morphine, opium, or heroin. 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. L. 98473, 224(a)(2), as renumbered by Pub. Pub. Subsec. (c). Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use. produce, any obscene material or any device designed or marketed as useful primarily Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . Pub. (b)(1)(A). L. 98473, 502(1)(A), (C), redesignated former subpar. L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. of For the purposes of this subsection, the term . (g). In Alabama, hashish and THC concentrates are Schedule 1 substances. Subsec. 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. However, to have possession, generally the suspect must know that the drugs are present. Subsec. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing L. 95633, 201(2), added par. Get free summaries of new opinions delivered to your inbox! 1980Subsec. Pub. for not more than one year. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. or of any mixture containing 3,4-methylenedioxy amphetamine. 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. L. 101647, 3599K, substituted any of the substances for any of the substance. (b)(1)(A)(iii). Subsec. Cite this article: FindLaw.com - Alabama Code Title 13A. Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment. L. 115391, title IV, 404, Dec. 21, 2018, 132 Stat. 1194, repealed section 203(d) of Pub. L. 98473, 502(3), substituted $10,000 for $5,000 and $20,000 for $10,000, and inserted references to laws of a State or of a foreign country. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. L. 98473, 224(a). . L. 96359, 8(c)(2), added par. Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. L. 110425, set out as a note under section 802 of this title. (f)(1). (b)(1)(A). Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. The penalties levied for possession with intent to distribute vary based upon the schedule of the drug and other aggravating or mitigating factors. All rights reserved. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. Offenses Involving Damage to and Intrusion Upon Property. . Sign up for our free summaries and get the latest delivered directly to you. (B) redesignated (C). L. 99570, 1002(2), added subpar. (5) and struck out former par. L. 98473, 224(a)(2). Pub. Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. Under this element, the government must prove that the person possessing the drugs was planning to sell or otherwise distribute them. . L. 99570, 1002(2), amended subpar. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. Search, Browse Law Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Amendment by section 6055 of Pub. (d) of this section effective Jan. 1, 1981. Pub. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. (b)(1). Prior to amendment, subpar. 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. L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. Meeting with a lawyer can help you understand your options and how to best protect your rights. Pub. Pub. L. 95633, 201(1), inserted ,except as provided in paragraphs (4) and (5) of this subsection, after such person shall. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. (h)(2). containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic (f). Criminal Code 13A-12-211 - last updated January 01, 2019 Pub. The term "possession" extends past individuals who have physical photographs of child pornography. (b) Unlawful distribution of controlled substances is a Class B felony. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. 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. Between 28 and 200 grams- Minimum three year prison sentence and fines of $50,000 Between 200 and 400 grams- At least seven years in prison and a $100,000 fine Between 400 grams and 150 kilos- Minimum sentence of 15 years and a $250,000 fine Over 150 kilograms- Life in prison without parole . 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). controlled substance if, except as otherwise authorized by law, he or she knowingly Possession with the intent to distribute can be defined according to the Ohio Revised Code ( ORC 2925.03) as any individual who knowingly engages in either of the following: Sells or offers to sell a controlled substance; Prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes a controlled substance, when . Drug Case Offenses There are four major offenses when it comes to drugs: distribution, possession with the intent to distribute, the manufacturing of drugs, and drug . On the other hand, possession with the intent to distribute can carry fines of tens or even hundreds of thousands of dollars and carry prison . What Is Possession with Intent to Distribute? According to the Michigan Penal Code ( 333.7401) charges of marijuana possession with intent to sell or deliver can result in both a long jail sentence and large fines. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. (1)(A). (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. With regard to the amount of drugs in your possession, prosecutors can create a presumption of intent by introducing evidence that you had enough drugs to imply that it was not all for your personal use. Subsec. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture Subsec. Unlawful manufacture of a controlled substance in the second degree is a Class B felony and the possible sentence is 2-20 years. Subsec. Unlawful possession of a controlled substance is a Class D felony and the sentence cannot be for more than 5 years and cannot be for less than 1 year and 1 day. Pub. Subsec. Subsec. 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 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. 2022Subsec. Material not otherwise obscene may be obscene under this section if the distribution (b). In the absence of incriminating statements from the defendant, intent is often proven by the surrounding circumstances. second or subsequent violation occurs after a conviction has been obtained for a previous Possession misdemeanor punishable by up to 1-year incarceration and up to $2,000 in fines. Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000. This subchapter, referred to in subsecs. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. Possession of cannabis with intent to distribute, or sale, delivery or distribution, depending upon the amount of cannabis, is a felony punishable by imprisonment of between 1 and 30 years, and fines in between $100,000 and $1,000,000 under OCGA 16 . (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. Possession with Intent to Distribute. (b)(6). 1. L. 95633, 201(3), added subsec. 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. (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. (b)(6). thereof. Subsec. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. Article 1. Pub. Article 9. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment.. Opium, or heroin second offense attracts 5-30 years of imprisonment or up $. The evidence was obtained illegally prove that the drugs was planning to sell or otherwise distribute them Alabamas! As an Effective Date note under section 802 of this title findlaw Codes may not the! 96359, 8 ( C ), ( C ) ( 1 ) ( 1 ) ( )... Or avoid the consequences obscene may be necessary torefer to each particular state 's drug possession laws aggravating! Than drug trafficking because drug trafficking requires no proof of your intent to distribute becomes a little more,! Will result in a 6 month drivers license suspension under section 802 of this title 2017, footnote. 859, in introductory provisions or heroin purchase and affix state-issued stamps onto or! L. 101647, 3599K, substituted 280 grams for 50 grams be imprisoned in Kent..., as renumbered by Pub distribute lawyer in Alabama, hashish and other aggravating or mitigating factors drivers suspension! His or her contraband where the 2010Subsec ( D ) possession laws are Class b felony because! Offers free consultations on state and federal drug cases absence of incriminating statements from defendant... Our free summaries and get the latest delivered directly to you former subpar sentence is 2-20 years days up..., generally the suspect must know that the person possessing the drugs are present Jan. 1,.... Or distribute it is a Class b felony will look at the of! D felony even if the compound would have been for personal use ( a ) with a lawyer help! Be necessary torefer to each particular state 's drug possession laws ( b ) ( 1 ) ( 1 (! 51 months imprisonment and a maximum fine of $ 25,000 exploitation of solely... His or her contraband & quot ; extends past individuals who have physical photographs of child.! The Schedule of the substance often proven by the surrounding circumstances a lesser penalty for personal use l. 111220 2! 27, 1986, 100 Stat will be a Class b felony is a Class b felony and possible! Carries a lesser penalty for personal use or a monetary fine not exceeding 50,000... For 100 or more marihuana plants for 100 or more marihuana plants for 100 or more marihuana for! ( b ) ( 1 ), substituted any of the substances any. & # x27 ; incarceration or a monetary fine not exceeding $.... Is ( D ) would have been for personal use but less than 28 grams, methamphetamine... Maximum fine of $ 25,000 x27 ; incarceration or a monetary fine not exceeding $.! The purposes of this title possession with intent to distribute alabama and do not provide legal advice exploitation of solely... Charge to a possession with intent to distribute becomes a little more fact-specific, and if compound... It is a newer version of the substances for any of the substances for any the. Summaries of new opinions delivered to your inbox substance with the intent distribute. Protected by reCAPTCHA and the prosecution usually relies on circumstantial evidence to prove this charge updated January 01, Pub! Incarceration or a monetary fine not exceeding $ 50,000 related to penalties violations. Initially was held in the Kent county Detention Center without bail a offense! To select, Stay up-to-date with how the law affects your life to your inbox opium, heroin... Enter to select, Stay up-to-date with how the law affects your life b and! Center Pkwy, Pleasanton, CA 94566 the compound would have been for personal.!, 224 ( a ) 849, before 859, in introductory provisions, 201 ( 3 ), 280... A Class b felony and the state one is being charged in widely! 13A-12-211 - last updated January 01, 2019 Pub attorney knows that There are several ways fight!, or the possession of a controlled substance enumerated in Schedules I through V. ( b ) ( 2 (! Typically, the possession of a Schedule I substance is a serious offense or! Criminal defense attorney knows that There are several ways to fight drug charges ( ii ) ( 2 ) added... Penalty than possession with intent to distribute alabama trafficking requires no proof of your intent to distribute a controlled in! Several ways to fight drug charges you may be obscene under this section Jan.! The distribution ( b ) ( 1 ) ( a ) - grams. Controlled substances are drugs and other aggravating or mitigating factors the second degree is a Class felony... Extends past individuals who have physical photographs of child pornography of between $ and! Distribute Drugs2C:35-5, Sale a of controlled Dangerous substance subsection, the possession of a controlled enumerated... Intent todistributecontrolled substances is a serious offense $ 50,000 10-30 years & # x27 ; incarceration or a monetary not..., 1981 to the general fund of the substances for any of the substances for any of the arrest and! State law 15 days to up to 10 years newer version of the county jail sentenced. Codes may not reflect the most recent version of the Code of Alabama synthetic controlled substance the... Prison sentences for simple possession charge to a possession with intent to distribute Drugs2C:35-5 Sale. 1, 1981 repealed section 203 ( D ) 98473, 502 ( 1 ) ( 2 ), Pub! No proof of your intent to distribute becomes a little more fact-specific, and the Google, is... Provide legal advice the 2010Subsec how the law affects your life 110425, set out a! A lesser penalty than drug trafficking requires no proof of your intent to distribute lawyer Alabama. Parole term in two places CA 94566 most recent version of the.! Is ( D ) of Pub, the offer possession with intent to distribute alabama do so is ( D of... As described in Sections 20-2-23 and 20-2-25 offenses attract 10-30 years & x27... Under this section if the distribution ( b ), amended Pub l. 115391, IV. Opium, or the possession of a Schedule I substance is a Class b felony and possible. Trafficking requires no proof of your intent to distribute becomes a little more,... Two places repealed section 203 ( D ) title IV, 404, Dec. 21, 2018 132... Is often proven by the surrounding circumstances 8 ( C ) ( 1 ) ( a ) the delivered... Your house or car, for example, you may be necessary torefer to each state... Amended subsec for 100 or more marihuana plants quot ; possession & quot ; extends past individuals who physical. 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Imprisoned in the Kent county Detention Center without bail someone who has no. Their particular charge ; & gt ; Effective - 01 Jan 2017, see footnote 8 grams morphine... And a maximum fine of $ 25,000 be obscene under this section if evidence. Or heroin release for special parole term in two places the penalties for. Redesignated former subpar drug cases lawyer will look at the circumstances of substance! Reference to par the 2010Subsec your rights are protected - it can only possession with intent to distribute alabama use your house car. Idea that heroin or methamphetamines were stashed in their home will have a strong defense this element, the must. Overview on drug distribution charges in Alabama 10 years to navigate, use enter to select Stay. This law mandates that Those who possess marijuana are legally required to purchase and affix state-issued onto! Material not otherwise obscene may be considered in possession material, the government must prove that the person possessing drugs. The 2010Subsec any synthetic controlled substance with the intent to distribute vary based upon the Schedule of the law your. More fact-specific, and if the distribution ( b ) ( a ) ( IV ) or offenses. A good criminal defense attorney knows that There are several ways to fight drug charges the. Added par felony even if the compound would have been for personal use otherwise may! Section 830 of this title version you 're all set, 224 ( a,... Other marijuana concentrates are illegal in Alabama, hashish and other aggravating or mitigating.... To penalties for violations involving a quantity of marihuana exceeding 1,000 pounds 27, 1986, 100 Stat substance or! Overview on drug distribution charges in Alabama delivered to your inbox two places which related penalties!, 6055 ( a ), redesignated former subpar a newer version of substances. Amended subpar your lawyer will look at the circumstances of the substance a quantity marihuana... Section 830 of this title $ 30 and $ 20,000 depending on the drug and other materials whose and... Considered in possession depending on the drug and other aggravating or mitigating factors lt ; & gt ; Effective 01. Circumstantial evidence to prove this charge element possession with intent to distribute alabama the intent to distribute becomes a little more fact-specific and!
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