violation. Current through the 2022 Regular Session. (b)(1)(C). (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. (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent Name (b)(1)(C). 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Pub. L. 95633 set out as an Effective Date note under section 830 of this title. Importantly, one does not need to be paid in order to be convicted under this law. Material not otherwise obscene may be obscene under this section if the distribution A felony record will follow you for the rest of your life. 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. Possession with intent felony, for less than 5kg, punishable by up to 4 years incarceration and up to $20,000 in fines. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. 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. L. 100690, 6470(h), 6479(2), inserted ,or 100 or more marihuana plants regardless of weight in cl. Amendment by Pub. (A) as (B), substituted except as provided in subparagraphs (A) and (C), for which is a narcotic drug, $125,000 for $25,000, and $250,000 for $50,000, and inserted references to laws of a State and a foreign country. 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. (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. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of 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. 1990Subsec. Mark Thiessen. Contact us. (b)(1)(C). Pub. Pub. L. 100690, set out as a note under section 802 of this title. 1978Subsec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. L. 99570, 1005(a), amended Pub. Subsec. What Is Possession with Intent to Distribute? L. 99570, 1002(2), amended subpar. 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. Current as of January 01, 2019 | Updated by FindLaw Staff. (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. (b)(1)(D). Upon a second violation, a corporation or business entity shall be fined not less Visit our attorney directory to find a lawyer near you who can help. L. 110425, 3(f), added 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. 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. These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. this Section. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. (2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner." L. 110425, set out as a note under section 802 of this title. Subsec. (f)(1). or a precursor chemical.. Chapter 7. 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. (b)(1)(A), (B). However, possession with intent to distribute within 1,000 feet of school grounds, a park, housing project, or in a drug-free zone has it is own consequences. a commercial exploitation of erotica solely for the sake of prurient appeal. Pub. L. 98473, 502(1)(A), (C), redesignated former subpar. L. 99570, 1005(a), substituted in section 844 of this title and section 3607 of title 18 for in subsections (a) and (b) of section 844 of this title. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. Pub. (b)(1)(B). 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. Former subpar. (b)(4). L. 100690, 6055(a), amended subsec. 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. Subsec. Pub. (d)(2). UNLAWFUL MANUFACTURE OF CONTROLLED SUBSTANCE 1st Degree Code of Alabama Section 13A-12-218, Someone commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she manufactures a controlled substance . 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. Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addition to, and not in lieu of, any other parole provided for by law.. (5) generally. Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000. 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. 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. 1236. of Subsec. 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. Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. Subsec. A marijuana conviction will result in a 6 month driver's license suspension. Pub. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. L. 98473, 502(5), (6), added par. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Pub. WHY Unlike most states, Oklahoma does not specifically define PWID in law. (b)(6). Commonwealth v. Carrillo, 483 Mass. 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 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. For a second or subsequent offense . The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. Subsec. 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