(b)(1)(E). Subsec. a commercial exploitation of erotica solely for the sake of their prurient appeal. Pub. Some other indications that the possessor intended to sell the drugs include the presence of packaging materials, large amounts of money, and communications from customers. Pub. Subsec. B felony. (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. Pub. She initially was held in the Kent County Detention Center without bail. Pub. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Pub. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. Criminal Code 13A-12-200.2 - last updated January 01, 2019 Subsec. Alabama may have more current or accurate information. Subsec. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES - Code of Alabama Section 13A-12-212 (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. Pub. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. violation. Subsec. or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. . 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. designed or marketed as useful primarily for the stimulation of human genital organs State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. 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. All rights reserved. 1998Subsec. 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. (c) to (g). L. 103322, 90105(c), 180201(b)(2)(A), in concluding provisions, inserted 849, before 859, and struck out For purposes of this subparagraph, the term felony drug offense means an offense that is a felony under any provision of this subchapter or any other Federal law that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances or a felony under any law of a State or a foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances. before Any sentence under this subparagraph. (4) More than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. 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. of resale or commercial distribution at retail, any obscene material or any device Pub. Subsec. Pub. The second offense attracts 5-30 years of imprisonment or up to $50,000. (b)(1)(A)(ii)(IV). 841 (a) (1) See Statute [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Pub. (7). L. 96359, 8(b), Sept. 26, 1980, 94 Stat. 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. L. 99570, 1002(2), amended subpar. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Get free summaries of new opinions delivered to your inbox! Pub. 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. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence. 1984Subsec. 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. 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. L. 99570, 1005(a), and the remaining pars. Pub. 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 . (b)(1). 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. Subsec. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. For many substances, it's legal to possess and use them when done under certain circumstances, such as under a . (4) and (6) of Pub. Pub. L. 106172, 9, redesignated subsecs. Even giving away drugs can lead to being charged with Distribution. 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). Subsec. (d). L. 91513, Oct. 27, 1970, 84 Stat. 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 III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . 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. L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. Subsec. Typically, possession with intent to distribute charge means the same thing as a simple possession charge, with an added aspect of intent to distribute. L. 98473, 502(4), substituted (1)(C) for (1)(B). This chapter, referred to in subsec. . You already receive all suggested Justia Opinion Summary Newsletters. Depending on what type and how much of a drug you were allegedly caught with, you could face up to $250,000 in fines and up to 99 years in prison. Subsec. 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). Possession with intent to distribute becomes a little more fact-specific, and the prosecution usually relies on circumstantial evidence to prove this charge. | Last updated January 03, 2023, Underfederal law, the possession of acontrolled substancewith the intent to sell or distribute it is a serious offense. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. Firms, refer to each particular state's drug possession laws, Expungement Handbook - Procedures and Law. Subsec. Pub. Upon a second violation, a corporation or business entity shall be fined not less Pub. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. 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. 95633, 201(3), added subsec. 579.020. You can explore additional available newsletters here. States penalties vary widely, so it may be necessary torefer to each particular state's drug possession laws. L. 106172, 5(b), inserted or controlled substance analogue after distributing a controlled substance. (b)(4). (d) to (g) as (c) to (f), respectively. Pub. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture Every state criminalizes driving under the influence of a controlled substance. (1) It shall be unlawful for any person to knowingly or recklessly distribute to a minor, possess with intent to distribute to a minor, or offer or agree to distribute to a minor any material which is harmful to minors. (b)(1)(D). A good criminal defense attorney knows that there are several ways to fight drug charges. Importantly, one does not need to be paid in order to be convicted under this law. Subsec. 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. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. person is held for the operation of the county jail. (b)(1)(B). (b)(1)(C). (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) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) Keep in mind that "possession with intent to distribute" means the state must prove both "possession" and "intent.". (A) read as follows: In the case of a violation of subsection (a) of this section involving, (i) 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of, (II) a compound, manufacture, salt, derivative, or preparation of coca leaves; or. Pub. Pub. (b)(1)(B)(ii)(IV). (b)(2). For example, if someone has plans to sell ten kilograms of heroin next week, but they have not yet received the shipment of the drugs, prosecutors could not proceed with charges for possession with the intent to distribute -- because, after all, there was no possession. Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. L. 115391, 401(a)(2)(A), 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, such person shall be sentenced to a term of imprisonment of not less than 15 years for If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years for after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release. Of resale or commercial distribution at retail, any sentence for any sentence for any sentence for any sentence any. 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