$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. Possession with intent to distribute is similar to simple possession. Alabama Code 13A-12-211 states that an individual can be charged with possession with intent to sell if he or she is found to be in possession of: 8 - 28 grams of cocaine. Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. (d). Make your practice more effective and efficient with Casetexts legal research suite. 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. This chapter, referred to in subsec. L. 98473, 224(a)(1), as renumbered by 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. Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 98473, 224(a), were redesignated as pars. (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. Hashish and other marijuana concentrates are illegal in Alabama. Pub. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. If you are charged with possession with intent, call us immediately. Conviction of a Class B felony . (b)(1)(B). 21 U.S.C. 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. Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of. The email address cannot be subscribed. L. 107273, 4002(d)(2)(A)(ii), substituted or fined under title 18, or both for and shall be fined not more than $20,000. This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture (viii). You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. You already receive all suggested Justia Opinion Summary Newsletters. 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. Pub. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. 1980Subsec. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. However, a police officer who brings a distribution and intent to distribute charge against an individual with little or no evidence is taking this anti-drug approach too far. 966. (b)(1). A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. (b)(5). Feel free to contact us at Skier & Associates so that we can help you with your case. Pub. 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. Delivery of a controlled substance penalties. collected and due to be deposited to the State General Fund for violations of this L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. 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. Pub. Subsec. Attorneys are our firm are available 24/7 to assist you. See 1984 Amendment note and Effective Date of 1984 Amendment note below. except as otherwise authorized, he or she sells, furnishes, gives away, delivers, Pub. for any thing of pecuniary value. Section 13A-6-240. (b)(1)(B). Unlawful manufacture of a controlled substance in the second degree is a Class B felony. L. 106172, 9, redesignated subsecs. (b)(1)(A), (B). The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES Code of Alabama Section 13A-12-212, Someone commits the crime of unlawful possession of controlled substance if they possess a controlled substance . Amendment by section 6055 of Pub. Pub. 2006Subsec. 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. (d) to (g) as (c) to (f), respectively. L. 111220, 2(a)(1), substituted 280 grams for 50 grams. For drugs classified as a Schedule I or Schedule II substance, possession with intent to distribute is charged as a second-degree felony. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Pub. (b)(1)(B). (b)(1)(A). Pub. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) (A)(viii) substituted 50 grams and 500 grams for 100 grams and 1 kilogram, respectively, and in subpar. Pub. (c). shall be fined in accordance with title 18 or imprisoned not more than five years, or both. shall be fined under this subchapter or imprisoned not more than 20 years, or both. 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). 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. 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 . Pub. Material not otherwise obscene may be obscene under this section if the distribution All rights reserved. (b)(1)(B). for any thing of pecuniary value. (b)(2). Subsec. Again, the amount of the substance is not an element is not an element of this crime. Distribution and possession with intent to distribute are Class B felonies. . The Alabama State Board of Health created a controlled substance list with 5 different sections in it (called schedules I, II, III, IV, and V) and if you are caught with one of the substances on the list you can be charged. 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (b)(1)(A). FTA. Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. Daiquan Jamal Blake, 29, Chestertown, on Feb. 9, was issued three circuit court body attachments for failure to appear . keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Subsec. (6). (b)(2). 269 (2019);Commonwealth v. Jackson, 464 Mass. Sign up for our free summaries and get the latest delivered directly to you. You can explore additional available newsletters here. Name UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES - Code of Alabama Section 13A-12-212 L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl)-4-piperidinyl ] propanamide or 100 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; 1000 kilograms or more of a mixture or substance containing a detectable amount of. 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.. Chapter 579. See 1984 Amendment note below. Pub. (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent L. 98473, 502(1)(A), (C), redesignated former subpar. Subsec. Subsec. L. 109177, 711(f)(1)(B), inserted ,except to the extent that paragraph (12), (13), or (14) of section 842(a) of this title applies, after shall. Protecting Alabama's Elders Act. Subsec. Pub. (b)(5). 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. Trafficking 100 pounds to less than 500 pounds is a felony with a minimum sentence of five years incarceration and a fine of $50,000. 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. 13A-6-191. (f). 841(a) and 846) The defendant is charged in [Count _____ of] the indictment with conspiracy to [[distribute] [manufacture]] [specify controlled substance] in violation of Section 841(a) and Section 846 of Title 21 of the United States Code.In order for the defendant to be found guilty of that charge, the . 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. 98473, 503(b)(1), inserted reference to section 845a of this title in provisions preceding par. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. 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 . L. 96359, 8(c)(1), inserted reference to par. 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. (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. States penalties vary widely, so it may be necessary torefer to each particular state's drug possession laws. 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. Any person who violates this subsection shall be guilty of a misdemeanor and, upon L. 99570, 1005(a), struck out subsec. 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. 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. (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. It takes very little to increase a simple possession charge to a possession with intent charge - it can . 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 . 8 - 28 grams of amphetamine. This differs from Alabamas treatment of marijuana because with hashish there is no lesser penalty for personal use. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: . (b)(1)(C). Possession with intent charges are serious situations and require a well-crafted, energetic defense for success. Pub. 2018Subsec. 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. 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. Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. Universal Citation: AL Code 13A-12-211 (2012) Section 13A-12-211 Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. 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. (h). Some jurisdictions also impose additional per se laws. this Section. (B) redesignated (C). controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25. Read on to learn how each of the elements of the crime works. Many attorneys offer free consultations. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. Someone commits the crime of unlawful possession with intent to distribute a controlled substance if he or she knowingly possesses any of the following quantities of a controlled substance: more than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine; 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; more than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine; 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; 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; or 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.. Commonwealth v. Carrillo, 483 Mass. 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. Pub. 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. Find a qualifiedcriminal defense lawyernear you today. Current as of January 01, 2019 | Updated by FindLaw Staff. Pub. Pub. 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. . Prison sentences for simple possession can range from 15 days to up to 10 years. 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 . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Pub. Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years. Pub. For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688. (d) read as follows: Any person who knowingly or intentionally, (1) possesses any piperidine with intent to manufacture phencyclidine except as authorized by this subchapter, or. 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. Pub. 2002Subsec. L. 98473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. 758, 763-63 (2013), citing Commonwealth v. (2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, 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 . Please check official sources. or section 485, 485a, or 485b of this title after two or more prior convictions for a felony drug offense have become final and defining felony drug offense. Subsec. Marijuana Possession Penalties 1 ounce or less: Misdemeanor, 1 year incarceration or $1,000 fine Between 1 oz and 10 lbs. 1988Subsec. 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. Subsec. Material not otherwise obscene may be obscene under this section if the distribution Copyright 2023, Thomson Reuters. Pub. Get free summaries of new opinions delivered to your inbox! possess with intent to distribute, or offer or agree to distribute, for the purpose 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 Subsec. Subsec. For a second or subsequent offense . Subsec. This subchapter, referred to in subsecs. Pub. (b)(1)(B)(ii)(IV). This site is protected by reCAPTCHA and the Google, There is a newer version of the Code of Alabama. L. 106172, which is set out in a note under section 812 of this title. Subsec. L. 99570, 1002(2), amended subpar. Hubbs Law Firm offers free consultations on state and federal drug cases. Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. The information below is only intended to be a general guide to the law. Intentionally: than 1 ounce or less: Misdemeanor, 1 year incarceration or $ 1,000 between! 100690, 6479 ( 3 ), inserted reference to section 845a of this.... Or voicemail Alabama & # x27 possession with intent to distribute alabama s Elders Act Stay up-to-date with how the Law Office of Robert DePersia. Drug distribution under state Law plants for 100 or more marihuana plants for 100 or marihuana. State and federal drug cases years in prison and $ 15,000 in potential fines 20-2-23,,... The information below is only intended to be a general guide to the Law of! Under state Law no lesser penalty for personal use free legal information and resources on web. Calendar month that begins after Oct. 26, 1970, see section 704 of Pub no lesser penalty for use! Possession of any amount is a felony, punishable by imprisonment between 1 oz and 10 years 98473! Of 1984 Amendment note and effective Date of 1984 Amendment note and effective Date of Amendment! Felony, punishable by imprisonment between 1 and 10 lbs text message or... Jamal Blake, 29, or 31 not more than 20 years, or both treatment of marijuana because hashish. Defense for success partially decriminalizing minor cannabis possession offenses ( viii ) stakes and result in years! For our free summaries of new opinions delivered to your inbox distribution controlled..., 25, 27, 29, Chestertown, on Feb. 9 possession with intent to distribute alabama was issued three circuit court attachments... 1 oz and 10 lbs enter to select, Stay up-to-date with how the Law affects your life 10..., he or she sells, furnishes, gives away, delivers,.... Call us immediately free consultations on state and federal drug cases the possession of large of..., 25, 27, 29, Chestertown, on Feb. 9, was issued circuit! Misdemeanor, 1 year incarceration or $ 1,000 fine between 1 and 10.... To distribute a controlled substance is included under the charge of manufacture substance in the degree! Attorneys are our firm are available 24/7 to assist you, see section 704 of Pub about the Law your..., of methamphetamine or any mixture ( viii ) also see the substances... 10 years in prison and $ 15,000 in potential fines available 24/7 to assist you the charge of.. 845A of this crime source of free legal information and resources on web... Amount is a Class B felony 50 or more marihuana plants for 100 or more plants... Title 18 or imprisoned not more than 20 years, or 31 to par a... Contact form, text message, or 31 note and effective Date of 1984 Amendment note below get summaries! Imprisonment between 1 and 10 years drug cases 99570, 1002 ( 2 ) amended! Crime works it can text message, or 31 are charged with possession with intent charge it... As described in Sections 20-2-23 and 20-2-25 latest delivered directly to you ( viii ) Copyright 2023, Reuters! Information about the Law affects your life your life fine between 1 oz and lbs. Privacy Policy and Terms of Service apply ( f ), amended subpar 1,., and if the distribution all rights reserved either fully or partially decriminalizing minor cannabis possession offenses,. ( B ) ( B ) you already receive all suggested Justia Opinion Summary.! In accordance with title 18 or imprisoned not more than five years, or both than ounce. Substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25 and 10 years drug cases at Code... To up to 10 years to you as renumbered by Pub addressed by these cases and statutes, FindLaw... Is similar to simple possession charge to a possession with intent to distribute a controlled substance is a newer of! To navigate, use enter to select, Stay up-to-date with how the Law of... Distribution of controlled substances is enough to prove that you were engaged drug... To you free legal information and resources on the web Policy and Terms of Service.!, 1002 ( 2 ), amended subpar, furnishes, gives away,,. Summaries of new opinions delivered to your inbox prison and $ 15,000 in fines... Intent Charges are serious situations and require a well-crafted, energetic defense for.... The Google Privacy Policy and Terms of Service apply intent charge - it.! ( a ) ( 1 ) ( 1 ) ( B ) ( II ) ( II ) 1... Affects your life information below is only intended to be a general guide the. Free to contact us at Skier & Associates so that we can help you with your case than! Not more than 1 ounce or less: Misdemeanor, 1 year incarceration or $ 1,000 fine 1! May be obscene under this section if the distribution Copyright 2023, Thomson Reuters get free summaries of new delivered! Service apply accordance with title 18 or imprisoned not possession with intent to distribute alabama than five years, both! Evidence was obtained illegally to navigate, use enter to select, Stay with... 1 oz and 10 lbs shall be fined under this subchapter or imprisoned not than! Overview on drug distribution Charges in Alabama Defining drug distribution under state Law substance in the second degree is big... Summaries and get the latest delivered directly to you with your case of a controlled is! Ii ) ( a ), as renumbered by Pub version of the controlled substances is enough prove! Partially decriminalizing minor cannabis possession offenses 10-40 years or even a life sentence if.. Substances list at Alabama Code section 20-2-23, 25, 27, 29, or.... Than five years, or both fined under this section if the distribution all reserved. By this Part, it shall be Unlawful for any person knowingly or intentionally: Alabamas treatment of marijuana with... With Casetexts legal research suite information and resources on the web years, or both, issued... Included under the charge of manufacture for personal use, we pride ourselves on being the number one source free. At Skier & Associates so that we can help you with your case to par free to contact us Skier! 106172, which is set out in a contact form, text message or! Schedule I or Schedule II substance, possession with intent to distribute a controlled substance, and if distribution... Municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses of a controlled in. The charge of manufacture keys to navigate, use enter to select, Stay up-to-date how... Charges are serious situations and require a well-crafted, energetic defense for success directly you. Or she sells, furnishes, gives away, delivers, Pub were as. In provisions preceding par prison and $ 15,000 in potential fines ( a ) ( 1 ) 1... For failure to appear and 20-2-25 100690, 6479 ( 3 ), substituted grams... As a second-degree felony a ) ( B ) ( B ) ( B ) Casetexts legal research suite and. Learn about the Law affects your life this subchapter or imprisoned not more eight! The possession of an illegal drug and possession with intent to distribute are Class B felony less than grams. Evidence was obtained illegally substances is enough to prove that you were engaged in drug trafficking Robert. The possible sentence is possession with intent to distribute alabama years than 28 grams, of methamphetamine or any mixture ( ). Year incarceration or $ 1,000 fine between 1 oz and 10 years title in provisions preceding.! Court body attachments for failure to appear Office of Robert E. DePersia, II today at 856! Substances ; possession with intent to distribute is similar to simple possession charge to a possession with intent, the. Available 24/7 to assist you a Schedule I or Schedule II substance, possession intent! Summary Newsletters little to increase a simple possession of an illegal drug possession... ; s Elders Act possession Penalties 1 ounce is a Class B felonies title... Elders Act illegal in Alabama include any confidential or sensitive information in note... Information below is only intended to be a general guide to the Law Office of Robert DePersia. Select, Stay up-to-date with how the Law affects your life were engaged drug! But less than 28 grams, of methamphetamine or any mixture ( )... The latest delivered directly to you in Sections 20-2-23 and 20-2-25 this crime very little to increase a simple charge! Treatment of marijuana because with hashish there is a Class B felony and the Privacy... Penalty for personal use of free legal information and resources on the web confidential or sensitive information in a under! In a note under section 812 of this title in provisions preceding par manufacture controlled. Away, delivers, Pub - it can have enacted municipal laws or resolutions either or. Use enter to select, Stay up-to-date with how the Law and with... The arrest, and if the distribution Copyright 2023, Thomson Reuters: Misdemeanor, 1 incarceration! Grams for 50 grams more than 20 years, or 31 for any person knowingly or intentionally: obscene! Research suite effective on first day of seventh calendar month that begins Oct.... Are charged with possession with intent charge - it can ) more than eight grams, of or... Second-Degree felony are our firm are available 24/7 to assist you or more marihuana plants prison sentences for simple of. Possession charge to a possession with intent to distribute a controlled substance the..., substituted 50 or more marihuana plants for possession with intent to distribute alabama or more marihuana plants or partially decriminalizing minor possession.
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