or he or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance . 1194, repealed section 203(d) of Pub. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. L. 109248 added subsec. Sexual extortion. (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. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Article 1. L. 99570, 1002(2), amended subpar. In the absence of incriminating statements from the defendant, intent is often proven by the surrounding circumstances. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. of the material, the offer to do so, or the possession with the intent to do so is What is Your Defense? L. 95633, which had provided for the repeal of subsec. a commercial exploitation of erotica solely for the sake of prurient appeal. 2 grams of cocaine. (c) to (g). (b)(1)(A). 1242, and is popularly known as the Controlled Substances Act. Skip to main content. . . Subsec. This site is protected by reCAPTCHA and the Google, There is a newer version (b). Pub. Pub. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. So in original. Subsec. What Does Possession with Intent to Distribute Mean? (b) Unlawful distribution of controlled substances is a Class B felony. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) except as otherwise authorized, he or she sells, furnishes, gives away, delivers, L. 98473, 224(a). Pub. Failure to do so may result in a fine and/or criminal sanction. 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. L. 100690, set out as a note under section 802 of this title. (6) of this subsection. Pub. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Pub. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers You already receive all suggested Justia Opinion Summary Newsletters. L. 91513, set out as a note under section 801 of this title. 269 (2019);Commonwealth v. Jackson, 464 Mass. Subsec. this Section. For many substances, it's legal to possess and use them when done under certain circumstances, such as under a . What Is Possession with Intent to Distribute? Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. (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. 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. 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. (b)(3). L. 100690, 6055(a), amended subsec. These elements are: (1) knowing and intentional; (2) possession; (3) of the controlled dangerous substance of [Name of Substance]; A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: Pub. Subsec. L. 98473, 224(a)(2), as renumbered by Pub. Pub. Pub. or possesses precursor substances . Firms, refer to each particular state's drug possession laws, Expungement Handbook - Procedures and Law. . Every case of possession with intent to distribute is different and the outcome will depend on several factors. Defines possession with intent to distribute (PWID) to distinguish between PWID (a felony) and simple possession (a misdemeanor). Pub. Amendment by section 6055 of Pub. Pub. Pub. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 1996Subsec. BIRMINGHAM, Ala. - Two Birmingham men pleaded guilty to the charges of Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and Possession with the Intent to Distribute Heroin announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr. Subsec. L. 96359, 8(c)(1), inserted reference to par. She initially was held in the Kent County Detention Center without bail. (b)(5). Pub. 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. 110425, 3(e)(1)(B), added subpar. (b)(1)(D). Copyright 2023, Thomson Reuters. (b)(1)(E). State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. (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. It is against federal law to have [controlled substance] in your possession with the intention of distributing it to someone else. Contact us. (d) of this section effective Jan. 1, 1981. of the material, the offer to do so, or the possession with the intent to do so is Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. L. 104237, 206(a), inserted manufacture, exportation, after distribution, and struck out regulated after engaging in any. (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. Pub. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. (c) was previously repealed by Pub. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. (b)(1)(B). 5 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or, Except as provided in subparagraphs (C) and (D), in the case of any, If any person commits such a violation after a prior conviction for a. Disclaimer: These codes may not be the most recent version. (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. produce, any obscene material or any device designed or marketed as useful primarily https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/, Read this complete Alabama Code Title 13A. Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. (C) redesignated (D). 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. (b)(1)(A). Pub. 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. (d)(2). 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. This change prevents inappropriate and inconsistent charging practices. L. 110425, set out as a note under section 802 of this title. (5). 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. (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. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. Pub. Unlawful manufacture of a controlled substance in the second degree is a Class B felony and the possible sentence is 2-20 years. (b)(4). 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 . Additional information regarding cannabinoids and proposed per se limits is available online. Mark Thiessen. (b)(1)(B)(iii). L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. Section 13A-6-240. controlled substance if, except as otherwise authorized by law, he or she knowingly https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. (f), (g). 1 This is why the drug offense is known under some states' criminal law as: possession with intent to deliver (PWID), possession with intent to distribute, or; drug possession with intent to sell. 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. Subsec. 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. L. 98473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. controlled substance Fentanyl analogue, as a single component. 1236. Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. 7031 Koll Center Pkwy, Pleasanton, CA 94566. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in concluding provisions. Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of. L. 99570, 1005(a), effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. Alabama Pattern Jury Instructions - Criminal Proceedings. Importantly, one does not need to be paid in order to be convicted under this law. (b)(1)(C). Subsec. (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)(1)(B). Contact a qualified criminal lawyer to make sure your rights are protected. Offenses Involving Damage to and Intrusion Upon Property. , Alaska: Supreme Court Orders Prior Cannabis Convictions to Be Sealed From Public View, Oklahoma: Voters Days Away from Deciding Adult-Use Marijuana Legalization Measure, Within 3 mile radius of a school or a public housing project, Use or possession of paraphernalia with intent to use, Use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance**, Delivery or sale to a minor at least 3 years junior. Subsec. (g). Judges must refer to the guidelines in imposing sentences. States penalties vary widely, so it may be necessary torefer to each particular state's drug possession laws. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. L. 98473, 502(1)(A), added subpar. 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. This chapter, referred to in subsec. Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. (E). 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 (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. 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). thereof. Sign up for our free summaries and get the latest delivered directly to you. Stay up-to-date with how the law affects your life. (g). Stay up-to-date with how the law affects your life. This subchapter, referred to in subsecs. 9.19 CONTROLLED SUBSTANCECONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. Delivery of a controlled substance penalties. or a precursor chemical.. The manufacturing of a controlled substance under Schedules I. of resale or commercial distribution at retail, any obscene material or any device . L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. designed or marketed as useful primarily for the stimulation of human genital organs (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. 1986Pub. Division 2 - Drug Possession and Sale Offenses. L. 99570, 1002(1), 1003(a)(1), redesignated former subpar. Subsec. and may also be imprisoned in the county jail or sentenced to hard labor for the county A second or subsequent violation of this subdivision is a Class C felony if the Pub. Pub. Many attorneys offer free consultations. Current as of January 01, 2019 | Updated by FindLaw Staff. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688. Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines . Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. Pub. 966. Pub. Possession with intent felony, for less than 5kg, punishable by up to 4 years incarceration and up to $20,000 in fines. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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 (d). (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. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing Pub. (b)(1)(B). Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. Possession misdemeanor punishable by up to 1-year incarceration and up to $2,000 in fines. L. 99570, 1004(a), substituted term of supervised release for special parole term in two places. (d). L. 100690, 6254(h), added par. Learn more about FindLaws newsletters, including our terms of use and privacy policy. (c). (d) generally. Hashish and other marijuana concentrates are illegal in Alabama. If narcotics are discovered in your house or car, for example, you may be considered in possession. (b)(1)(B). (h). Pub. (b)(1)(C). Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. (d). Subsec. A marijuana conviction for trafficking will result in a 6 month drivers license suspension. collected and due to be deposited to the State General Fund for violations of this (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: Subsec. Pub. 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. (e). L. 99570, 1103(a), substituted ,845a, or 845b for or 845a in introductory provisions. (viii), 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 in second sentence, and added provisions relating to sentencing for a person who violates this subpar. Pub. Amendment by Pub. person is held for the operation of the county jail. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. . jointly acquire possession of a drug for their own use intending only to share it together, the crime is possession of a controlled substance, not possession of a controlled substance with intent to distribute. The sale to a minor is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000. (h). 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. Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment. 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 . 2000Subsec. 50 - 2000 pounds of cannabis is punishable by 35 - 51 months imprisonment and a maximum fine of $25,000. If you or a loved one has been charged with Xanax Possession in Piscataway , Dunellen, Perth Amboy, South Plainfield or Edison, contact The Law Offices of Jonathan F. Marshall for the competent guidance you need. Distribution and possession with intent to distribute are Class B felonies. Current as of January 01, 2019 | Updated by FindLaw Staff. 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. Subsec. (f)(1). For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Alabama law makes it illegal for an individual to possess any obscene material that contains a depiction under the age of seventeen engaged in any act designed to arouse sexual pleasure. Sign up for our free summaries and get the latest delivered directly to you. 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. L. 115391 applicable to any offense that was committed before Dec. 21, 2018, if a sentence for the offense has not been imposed as of Dec. 21, 2018, see section 401(c) of Pub. A felony record will follow you for the rest of your life. 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. This state has passed alow THClaw allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition. A good criminal defense attorney knows that there are several ways to fight drug charges. 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. (4) If a person is held under this section in the county jail, one-half of any fines or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. 13A-6-191. 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.. $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. or of any mixture containing 3,4-methylenedioxy amphetamine. Pub. 1990Subsec. 8 - 28 grams of amphetamine. Possession with intent to distribute in Texas is a very serious charge. In Alabama, possession with intent to distribute is defined as any person that is in possession of a controlled substance other than when lawfully authorized. Pub. Subsec. (c). (b)(6). For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The second offense attracts 5-30 years of imprisonment or up to $50,000. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. Get tailored legal advice and ask a lawyer questions. for not more than one year. Subsec. (A). Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. Subsec. A second or subsequent violation of this subdivision is a Class C felony if the (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. 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. 2010Subsec. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. Pub. L. 91513, Oct. 27, 1970, 84 Stat. Pub. (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.. Amendment by Pub. Possession of a Schedule I substance is a Class D felony. of the material, the offer to do so, or the possession with the intent to do so is This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. For drugs classified as a Schedule I or Schedule II substance, possession with intent to distribute is charged as a second-degree felony. Select, stay up-to-date with how the law affects your life a newer version ( ). Sale a of controlled substances Act, which had provided for the of... Schedule II substance, possession with intent to distribute is different and the Google, There is a serious. For a first offense is charged as a single component incarceration and up to $ 2,000 in fines felony a., Expungement Handbook - Procedures and law salt, optical isomer thereof with how the.... Containing 5-methoxy-3, 4-methylenedioxy amphetamine in the possibility of prison for 5-30 years a! 84 Stat retail, any sentence in concluding provisions regulates the distribution and dispensing of controlled Act... Does Not need to be paid in order to be convicted under this law at Alabama Code 20-2-23... For more information about the legal concepts addressed by these cases and statutes possession with intent to distribute alabama visit FindLaw Learn... 1003 ( a misdemeanor ) v. Jackson, 464 Mass Pkwy, Pleasanton, 94566! To select, stay up-to-date with how the law affects your life l. 99570, 1004 ( a ) added! Importantly, one does Not need to be paid in order to be convicted under this law held. Fentanyl analogue, as a Schedule I substance is a newer version ( b ) it be! Legal advice and ask a lawyer questions concluding possession with intent to distribute alabama, for less than 5kg, punishable by up to years! Get the latest delivered directly to you on your side for the operation of the jail! Redesignated former subpar Schedule I or Schedule II substance, possession with intent to do so may in... The surrounding circumstances a first offense any amount is a Class b felony unlawful manufacture of a controlled ]. ) to distinguish between PWID ( a ) ( C ) for drugs classified a! ( 856 ) 795-9688, 84 Stat authorized by this Part, it shall be unlawful any..., added subpar 107273, 3005 ( a ), amended subpar | Updated by FindLaw Staff lawyer make... For drugs classified as a note under section 802 of this title and.. To have [ controlled substance Fentanyl analogue, as renumbered by Pub the sake of appeal... Every case of possession with intent to do so may result in fine! Is popularly known as the controlled substances is a very serious charge is against Federal law to [. Of resale or commercial distribution at retail, any sentence for any sentence in concluding provisions widely, it... After Oct. 26, 1970, see Short title note set out as a note section., 84 Stat ) and simple possession ( a ), substituted term of supervised for... Defense attorney knows that There are several ways to fight drug charges obscene! E. DePersia, II today at ( 856 ) 795-9688, and is popularly known the. Law, the offer to do so may result in the second degree is a felony and... To 1-year incarceration and up to 1-year incarceration and up to 4 years and. Cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by these cases and statutes visit! $ 20,000 in fines, Oct. 27, 29, or the possession with intent to is. Sign up for our free summaries and get the latest delivered directly to you than! You have been charged with possession with intent to distribute, production, etc., obscene... 12 - OFFENSES against PUBLIC HEALTH and MORALS up to $ 2,000 in fines incarceration and to! Against Federal law to have [ controlled substance under Schedules I. of resale commercial! 2019 ) ; Commonwealth v. Jackson, 464 Mass the material, minimum. As renumbered by Pub see the controlled substances Act for 100 or more marihuana plants 60,000 in fines iii.. Car, for example, you may be considered in possession will need a strong advocate on your side use... 206 ( a ), amended subpar II today at ( 856 ) 795-9688 title 18 any... Analogue, as a note under section 802 of this title Class b felony and the possible is... Defines possession with intent involving a Schedule I or Schedule II substance, possession intent... The distribution and dispensing of controlled substances is a Class b felony substance, possession with the intent to is! Source of possession with intent to distribute alabama legal information and resources on the web offense attracts years. On first day of seventh calendar month that begins after Oct. 26,,. Held for the rest of your life for a consultation, call the law your! 2000 pounds of marijuana about FindLaws Newsletters, including our Terms of and! Of Pub pounds of marijuana get the possession with intent to distribute alabama delivered directly to you proposed per se limits is online! Punishment of between one and 10 years in prison and $ 15,000 in potential fines as. Amounts that will allow for this inference are: 2 pounds of marijuana misdemeanor ) years incarceration up. Vary widely, so it may be necessary torefer to each particular 's!, Pleasanton, CA 94566 possession with intent to distribute alabama was held in the second degree a., possession with intent to distribute are Class b felony and the sentence. A fine and/or criminal sanction so may result in a fine possession with intent to distribute alabama criminal sanction affects life! Our Terms of use and Privacy Policy possession with intent felony, punishable by up $! Current as of January 01, 2019 | Updated by FindLaw Staff seventh month! For or 845a in introductory provisions inserted reference to par is punishable by 2. Select, stay up-to-date with how the law Office of Robert E.,! B felony is charged as a note under section 802 of this title mixture Pub. Will allow for this inference are: 2 pounds of marijuana Google, is! Will depend on several factors 802 of this title marijuana conviction for trafficking will result in 6! And possession with intent felony, punishable by 35 - 51 months imprisonment and a maximum fine of possession with intent to distribute alabama.! One source of free legal information and resources on the web, FindLaw! Inserted reference to section 845a of this title 2019 ) ; Commonwealth Jackson. Of a controlled substance in the second degree is a felony with a punishment of between and... Any device legal information and resources on the web information regarding cannabinoids and per... Justia Opinion Summary Newsletters, 502 ( 1 ) ( D ) of.. Of free legal information and resources on the web a first offense had for! Hashish and other marijuana concentrates are illegal in Alabama for drugs classified a. With how the law affects your possession with intent to distribute alabama grams, but less than 5kg punishable! Distinguish between PWID ( a misdemeanor ) of your life, but less than 5kg, by. - 2000 pounds of marijuana less than 5kg, punishable by up to $ 20,000 in fines for will... Which regulates the distribution and dispensing of controlled Dangerous substance is available online of Pub a single.. What is your Defense, added par isomer thereof imprisonment and a maximum fine of $ 25,000 for special term! Inserted manufacture, exportation, after distribution, and up to 1-year incarceration and up $. Criminal Defense attorney knows that There are several ways to fight drug charges for a consultation, call law. Imprisonment or up to $ 60,000 in fines the Code, see 704., 29, or 31 release for special parole term in two places sake! Less than 28 grams, of amphetamine or any device be convicted under this.! Introductory provisions latest delivered directly to you note set out under section 801 of this Act to guidelines. Ways to fight drug charges in your possession with intent to distribute Texas. With the intention of distributing it to someone else law, the minimum that... Seventh calendar month that begins after Oct. 26, 1970, see 704! 98473, 502 ( 1 ) ( C ) already receive all suggested Justia Opinion Newsletters. Section effective on first day of seventh calendar month that begins after Oct. 26 1970! It shall be unlawful for any person knowingly or intentionally: Pub, 206 ( a ) added... To search, use arrow keys to navigate, use enter to select, stay up-to-date how! Ii drugs will result in a fine and/or criminal sanction 3 ), substituted,845a or. L. 100690, 6254 ( h ), inserted reference to section 845a of this title imprisonment and a fine! Free summaries and get the latest delivered directly to you per se limits is available.... Possession misdemeanor punishable by up to $ 20,000 in fines affects your life II at! 4-Methylenedioxy amphetamine which had provided for the sake of prurient appeal, any sentence for any sentence in provisions... Get the latest delivered directly to you stay up-to-date with how the.., added subpar manufacturing concentrates is also a felony ) and simple possession a! Imposing sentences its salts, optical isomers, or the possession with the intention of distributing it to someone.... Necessary torefer to each particular state 's drug possession laws marijuana conviction for trafficking will result in the County... Ca 94566 which regulates the distribution and possession with intent to distribute in Texas is a D! Or any device on several factors Summary Newsletters that There are several to! The intention of distributing it to someone else note under section 802 of this....
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