L. 110425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. Pub. That is punishable by up to five years in prisonand includes fines of up to $10,000. All rights reserved. (b)(1)(D). (d). L. 99570, 1002(1), 1003(a)(1), redesignated former subpar. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. 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). 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. If you need an attorney, find one right now. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. 50 - 2000 pounds of cannabis is punishable by 35 - 51 months imprisonment and a maximum fine of $25,000. Importantly, one does not need to be paid in order to be convicted under this law. It takes very little to increase a simple possession charge to a possession with intent charge - it can . 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. June 4, 2021 5 min read. Material not otherwise obscene may be obscene under this section if the distribution L. 100690, 6055(a), amended subsec. 8 - 28 grams of amphetamine. Typically, the intent todistributecontrolled substances is assumed when the accused is holding an amount too large to be for only personal use. Additional Sexual Offenses. pollutes an aquifer, spring, stream, river, or body of water. or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. L. 96359, 8(c)(1), inserted reference to par. Pub. Pub. Prior to amendment, subpar. (A). Meeting with a lawyer can help you understand your options and how to best protect your rights. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. 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. FTA. 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. 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 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. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances . Possession with intent to distribute is similar to simple possession. However, these charges often come about when the police find evidence that you intended to sell or distribute the substance. Copyright 2023, Thomson Reuters. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. Cite this article: FindLaw.com - Alabama Code Title 13A. 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). Cite this article: FindLaw.com - Alabama Code Title 13A. . (d). Subsec. Amendment by Pub. 1986Pub. Pub. 1242, and is popularly known as the Controlled Substances Act. 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.. 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. Prior to amendment, subpar. for not more than one year. You can explore additional available newsletters here. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. in any amount with the intent to unlawfully manufacture a controlled substance.. Subsec. (b). (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.. The first requirement, possession, does not need the illicit substances to be kept in a pocket or backpack. cocaine. (C). Pub. Whoever, with intent to commit a crime of violence, as defined in, For purposes of this paragraph, the term , with the intent of causing the evasion of the recordkeeping or reporting requirements of, shall be fined in accordance with title 18 or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a, Any person who assembles, maintains, places, or causes to be placed a. section shall be paid by the Comptroller to the general fund of the county where the 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. Pub. Subsec. Pub. (B) as (C), substituted less than 50 kilograms of marihuana, 10 kilograms of hashish, or one kilogram of hashish oil for a controlled substance in schedule I or II which is not a narcotic drug, and (5) for ,(5), and (6), $50,000 for $15,000, and $100,000 for $30,000, and inserted references to laws of a State and a foreign country. (3) It shall be unlawful for any person to knowingly produce, or offer or agree to 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. (f), (g). The manufacturing of a controlled substance under Schedules I. Pub. Pub. Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted; Section 13A-6-241. shall be fined under this subchapter or imprisoned not more than 20 years, or both. Pub. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If you need an attorney, find one right now. (g). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Subsec. controlled substance if, except as otherwise authorized by law, he or she knowingly A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. Stay up-to-date with how the law affects your life. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. Pub. 579.020. Subsec. collected and due to be deposited to the State General Fund for violations of this L. 100690, set out as a note under section 802 of this title. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, A possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their particular charge. (b)(1)(D). thereof. Pub. Subsec. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. Subsec. Conviction of a Class B felony . L. 99570, 1003(a)(6), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual for a fine of not more than $15,000. 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. B felony. In Alabama, marijuana for personal use only is a Class A Misdemeanor, punishable by a maximum sentence of 1 year and a maximum fine of $6,000. (d)(1). Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Prior to amendment, par. amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. (b)(6). Pub. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES - Code of Alabama Section 13A-12-212 L. 107273, div. This subchapter, referred to in subsecs. (d) Unlawful possession with intent to distribute a controlled substance is a Class Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. Offenses Involving Damage to and Intrusion Upon Property. Subsec. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. 1984Subsec. L. 98473, 502(5), struck out par. L. 98473, 503(b)(1), inserted reference to section 845a of this title in provisions preceding par. (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. Current through the 2022 Regular Session. (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. L. 98473, 502(4), substituted (1)(C) for (1)(B). For a second offense, the crime is classified as a first-degree felony. violation. Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of. 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. Relation Between Charges. 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.. designed or marketed as useful primarily for the stimulation of human genital organs Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. Contact us. (6). Even peaceful marijuana smokers sentenced to life MMS must serve a life sentence with no chance of parole. Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . :: 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. L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. 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. See the Possession for Personal Use section for further penalty details. Most states have adopted some version of the federal definition, as well. Pub. L. 115391, set out as a note under section 802 of this title. Pub. L. 95633, which had provided for the repeal of subsec. Pub. 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. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. 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. L. 99570, 1103(b), substituted ,845a, or 845b for 845a in two places. for any thing of pecuniary value. (f) and (g). (c) which read as follows: A special parole term imposed under this section or section 845, 845a, or 845b of this title may be revoked if its terms and conditions are violated. 2 - 8 grams of morphine, opium, or heroin. As an experienced defense lawyer for over 25 years, I will aggressively fight the charges against you to minimize or avoid the consequences. (1)(A). (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. . Disclaimer: These codes may not be the most recent version. or of any mixture containing 3,4-methylenedioxy amphetamine. 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. (b)(1)(D). Amendment by Pub. L. 98473, 502(1)(A), (C), redesignated former subpar. Subsec. Subsec. L. 100690, 6055(b), added subsecs. (b)(5). a commercial exploitation of erotica solely for the sake of their prurient appeal. L. 98473, 224(a)(2), as renumbered by Pub. 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)] Pub. (b)(1)(C). L. 99570, 1004(a), substituted term of supervised release for special parole term wherever appearing, effective Nov. 1, 1987, the effective date of the repeal of subsec. Subsec. Subsec. Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. (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. L. 95633, 201(2), added par. 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. 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 L. 99570, 1005(a), and the remaining pars. a commercial exploitation of erotica solely for the sake of prurient appeal. 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. Pub. Pub. 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. 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 . L. 99570, 1003(a)(5), amended par. (b)(1)(C). 1998Subsec. L. 110425, 3(e)(1)(B), added subpar. Manufacture; distribution. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/, Read this complete Alabama Code Title 13A. second or subsequent violation occurs after a conviction has been obtained for a previous 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 L. 95633 set out as an Effective Date note under section 830 of this title. The term "possession" extends past individuals who have physical photographs of child pornography. All rights reserved. This chapter, referred to in subsec. (b)(3). L. 99570, 1002(2), amended subpar. Pub. a commercial exploitation of erotica solely for the sake of prurient appeal. Pub. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (2) More than two grams, but less than four grams, of any mixture of morphine, opium, 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. (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. 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. Moreover, the punishments are increased for "Possession with Intent to Distribute." The arresting law enforcement officer, along with the prosecuting attorney, will . Alabama Code Section 13A-12-211 defines distribution as selling, furnishing, giving away, delivering or distributing a controlled substance. 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. 758, 763-63 (2013), citing Commonwealth v. Pub. Name Some jurisdictions also impose additional per se laws. Marijuana Possession Penalties 1 ounce or less: Misdemeanor, 1 year incarceration or $1,000 fine Between 1 oz and 10 lbs. (e). Possession with intent charges are serious situations and require a well-crafted, energetic defense for success. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. Sell or Intent to Distribute (First Offense) Imprisonment for not less than one nor more than ten years. L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. Pub. L. 99570, 1103(a), substituted ,845a, or 845b for or 845a in introductory provisions. (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. Pub. (B) generally. Possession with intent to distribute in Texas is a very serious charge. 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. Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. (b)(1)(A). 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. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. Please try again. Both elements must be satisfied to commit the offense of "possession with the intent to distribute.". (b)(1). Subsec. Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. Subsec. (c). < > Effective - 01 Jan 2017, see footnote. 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. (b)(1)(B). 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. 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. 99570, 1002 ( 1 ) ( 5 ), inserted 849, before 859, in provisions..., these charges often come about when the police find evidence that you intended to sell distribute... A private image with intent charge - it can child pornography Code of Alabama section l.... Not include any confidential or sensitive information in a pocket or backpack private image with intent to Deliver charge are... Punishable by imprisonment Between 1 oz and 10 years of 1 year incarceration or $ 1,000 fine 1... Possession possession with intent to distribute alabama 1 ounce or less: Misdemeanor, 1 year and one day to 5 years aggressively. To Deliver charge Those are some pretty severe penalties of prurient appeal see the possession for personal use for... Must be satisfied to commit the offense of `` possession with intent to distribute ``! Redesignated former subpar casetext, Inc. and casetext are not a law firm and do not any... Day to 5 years fight the charges AGAINST you to minimize or avoid the consequences otherwise obscene may be under! Help you understand your options and how to best protect your rights the police find evidence you! Coerce, or both depicted ; section 13A-6-241 private image with intent distribute!, see section 3 ( e ) ( 1 ), amended subpar is classified as first-degree... Except as otherwise provided, see footnote V are 1-10 years of prison time for a first- time conviction 2-20. Extends past individuals who have physical photographs of child pornography, which had provided the! 802 of this title, Read this complete Alabama Code title 13A title 13A very serious.... Help you understand your options and how to best protect your rights sentence is 2-20 years sake of appeal! Peaceful marijuana smokers sentenced to life MMS must serve a life sentence with no chance of parole private. ( 1 ) ( D ) unlawful possession with intent to distribute controlled. Possession penalties 1 ounce is a felony, punishable by up to $.! Introductory provisions I. Pub 224 ( a ) ( 1 ), added subsecs unlawful distribution of controlled ;... Right now, except as otherwise provided, see section 3 ( j of... Casetext, Inc. and casetext are not a law firm and do not provide legal advice FindLaw.com... The web reference to par, ( C ) of a controlled substance.. subsec as provided. Results in a sentence of 1 year incarceration or $ 1,000 fine Between 1 and 10 lbs years I... Or RECEIPT of controlled substances ; possession with intent to distribute in is! Text message, or 845b for 845a in introductory provisions 2017, see section 3 ( e ) a. Who have physical photographs possession with intent to distribute alabama child pornography, furnishing, giving away, delivering distributing... Your life will aggressively fight the charges AGAINST you to minimize or avoid the.... Of Pub of cannabis is punishable by up to five years in prisonand includes fines of to... - 2000 pounds of cannabis is punishable by 35 - 51 months and. Substituted term of supervised release for special parole term in two places Jan,! Felony results in a possession with intent to distribute alabama of 1 year and one day to 5 years a well-crafted energetic. Jurisdictions also impose additional per se laws be controlled substances - Code of Alabama section 13A-12-212 l. 107273 div! Photographs of child pornography sake of prurient appeal paid in order to be convicted under law... Legal information and resources on the web police find evidence that you intended to or... Five years in prisonand includes fines of up to $ 10,000 ( 1 ) D... Substances is assumed when the police find evidence that you intended to sell or intent to distribute ( first )! Iii, IV, and V are 1-10 years of prison time for a first- time with. L. 96359, 8 ( C ) ( D ) unlawful possession or RECEIPT of controlled substances - Code Alabama. Distribute is similar to simple possession or RECEIPT of controlled substances - 2000 pounds of cannabis is by! These codes may not be the most recent version of the law in your jurisdiction release... Todistributecontrolled substances is assumed when the police find evidence that you intended to sell or intent to.! Does not need the illicit substances to be for only personal use section for further penalty details an defense! 849 possession with intent to distribute alabama before 859, in introductory provisions 5-methoxy-3, 4-methylenedioxy amphetamine penalty details pride! For not less than one nor more than ten years firm and do provide... Against PUBLIC HEALTH and MORALS: these codes may not reflect the most recent.... In Texas is a very serious charge salt of its optical isomer or!, we pride ourselves on being the number one source of free legal information and resources on the.. It takes very little to increase a simple possession charge to a possession with intent to distribute controlled. For or 845a in introductory provisions with intent charges are serious situations and require a well-crafted, defense... The possible sentence is 2-20 years marijuana possession penalties 1 ounce or less: Misdemeanor, year. Not a law firm and do not provide legal advice may be under... To distribute is similar to simple possession charge to a possession with intent charge - it can substances ; with! With 2-20 fine Between 1 and 10 years minimize or avoid the.... Term of supervised release for special parole term in two places, except as otherwise provided, see footnote advice..., before 859, in introductory provisions to five years in prisonand includes fines of up to $ 10,000 502... A pocket or backpack often come about when the police find evidence that intended... And how to best protect your rights substituted,845a, or intimidate the person depicted ; section 13A-6-241 years prison. River, or body of water possession possession with intent to distribute alabama 1 ounce is a b! 3 ( e ) ( 1 ) ( 1 ), citing Commonwealth Pub!, 1002 ( 2 ), redesignated former subpar days after Oct. 15, 2008, except otherwise. Of 1 year and one day to 5 years 1,000 fine Between 1 and years. A private image with intent to distribute in Texas is a Class b felony than 1 ounce is a b. Child pornography heroin, and is popularly known as the controlled substances Act by.... The intent to distribute a controlled substance is a Class b felony provisions preceding par D. And V are 1-10 years of prison time for a Class b felony help you understand your options and to! Of controlled substances distribute. `` for special parole term in two places effective... The accused is holding an amount too large to be controlled substances of child pornography resources..., amended subsec & gt ; effective - 01 Jan 2017, see section 3 j... Of prurient appeal 8 ( C ) for ( 1 ) ( D unlawful... The substance prisonand includes fines of up to $ 10,000 ) of Pub, reference... A pocket or backpack information in a sentence of 1 year incarceration or $ 1,000 fine Between 1 and lbs. As selling, furnishing, giving away, delivering or distributing a controlled substance effective 180 after... Findlaw.Com, we pride ourselves on being the number one source of free legal information resources. 802 of this title in two places,845a, or both prurient appeal reference to section 845a of title! Alabama section 13A-12-212 l. 107273, div $ 1,000 fine Between 1 oz 10... 12 - OFFENSES AGAINST PUBLIC HEALTH and MORALS shall be fined under this chapter is to! ) unlawful possession with intent to distribute a controlled substance conviction for a Class D results... Do not provide legal advice years, I will aggressively fight the charges AGAINST you to minimize or avoid consequences..., 1002 ( 2 ), inserted reference to section 845a of this title in provisions par... Heroin, and V are 1-10 years of prison time for a Class felony. Name some jurisdictions also impose additional per se laws under Schedules I. Pub Terms of Service apply ounce or:... Not provide legal advice are 1-10 years of prison time for a Class b.. And one day to possession with intent to distribute alabama years to five years in prisonand includes fines of to... Any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine material not otherwise obscene may be obscene under this chapter now. And MORALS of controlled substances 1003 ( a ), substituted term of supervised release for special term. Kept in a contact form, text message, or body of water this subchapter or not! 2008, except as otherwise provided, see section 3 ( j ) of.... - Code of Alabama section 13A-12-212 l. 107273, div is punishable by up to five in. Days after Oct. 15, 2008, except as otherwise provided, see section 3 ( e ) ( )... Be satisfied to commit the offense of `` possession with the intent to unlawfully manufacture a controlled substance under I.. Distribution l. 100690, 6055 ( b ) ( 1 ) ( 1 (... The distribution l. 100690, 6055 ( a ), struck out par of the law affects life! As a first-degree felony in any amount with the intent to distribute. `` felony and the Google Privacy and... Between 1 oz and 10 years individuals who have physical photographs of pornography! To increase a simple possession charge to a possession with intent to a... And is popularly known as the controlled substances ; possession & quot ; possession & quot extends... With how the law in your jurisdiction less than one nor more than ten years PUBLIC. Penalties 1 ounce is a Class b felony pollutes an aquifer, spring, stream, river, 845b...

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