In Alabama, drugs are everywhere, both recreational and illegal. Drug charges carry significant jail time for distribution and trafficking, Alabama also criminalizes a wide array of drug offenses. Drug possession and sale offenses are covered by §13A-12-210 to §13A-12-219 of the Alabama Code.
Under this statutory scheme, unlawful distribution of controlled substance, or possession with intent to distribute a controlled substance, is a Class B felony, punishable by 2-20 years’ imprisonment. A person is guilty of distribution after actively selling, furnishing, giving away, or otherwise distributing a controlled substance. Unlawful possession with intent to distribute is based on the quantity of the substance possessed, including between 8 and 28 grams of cocaine, two to four grams of morphine or opium, between 8 and 28 grams of 2,4-methylenedioxy amphetamine, 5-methoxy-3,4-methylenedioxy amphetamine or amphetamine, or between one-half gram and one gram of Fentanyl.
The penalties for distribution are heightened when the controlled substances are distributed to a minor under the age of 18. Covered by §13A-12-215, this offense is a Class A felony, punishable by 10-99 years’ imprisonment. Removing the intent to distribute, unlawful possession, governed by §13A-12-212 is a Class D felony, punishable by 1-5 years’ imprisonment.
The Alabama Code addresses unlawful possession of marijuana separately from other controlled substances, with §13A-12-213 and §13A-12-214 governing the offense in the first and second degree respectively. Possession of marijuana in the second degree is a Class A misdemeanor, punishable by up to one year in jail and up to $6,000 in fines and is committed when a person possesses marijuana for personal use only. Unlawful possession of marijuana in the first degree covers two separate scenarios: when a person possesses marijuana for uses other than personal use, or when a person possesses marijuana for personal use after a previous conviction for possession of marijuana in the second degree.
Possessing marijuana for purposes other than personal use is a Class C felony, punishable by 1-10 years’ imprisonment, while subsequent offenses for possession are a Class D felony, punishable by 1-5 years’ imprisonment. In addition to possession and distribution, Alabama also criminalizes the unlawful manufacture of controlled substances. Unlawful manufacture of controlled substances in the second degree, governed by §13A-12-217, is a Class B felony, carrying a sentence of 2-20 years’ imprisonment. To commit the offense, a person must either manufacture a controlled substance, or possess precursor substances with intent to unlawfully manufacture a controlled substance.
The offense rises to a Class A felony, punishable by 10-99 years’ imprisonment, for unlawful manufacture of controlled substance in the first degree under §13A-12-218. To raise the offense to the first degree, two or more aggravating conditions must be met, including possession of a firearm; use of a booby trap; illegal possession of dangerous materials; a clandestine laboratory operation within 500 feet of a residence, place of business, church, or school; a clandestine laboratory option for the production of certain controlled substances; or a person under the age of 17 present for the manufacturing process.
Beyond possession and distribution, §13A-12-231 specifically outlines the actions that constitute trafficking cannabis, cocaine, illegal drugs, amphetamine, methamphetamine, and synthetic controlled substances. Trafficking is a felony, and requires an offender to sell, manufacture, deliver, or bring a certain amount of a controlled substance into the state. The associated punishment for trafficking is dependent on the type of substance and the amount of the substance. For cannabis offenses, the lowest offense involves trafficking between 2.2 and 100 pounds, punishable by a minimum prison sentence of 3 years and a fine of $25,000.
The cases of trafficking can either be a state charge or a federal charge. If you are charged federally, the sentence can carry long term prison sentences.
For between 100 and 500 pounds of cannabis, the associated sentence is at least 5 years’ imprisonment and $50,000 in fines. When the offender traffics between 500 and 1,000 pounds of cannabis, the minimum sentence is 15 years’ imprisonment, with a $200,000 fine. For any amount of cannabis exceeding 1,000 pounds, the offender receives a mandatory life sentence. The fines are increased for “trafficking in cocaine” offenses, with offenses involving between 28 and 500 grams of cocaine requiring a minimum of 3 years’ imprisonment and a fine of $50,000. When the amount of cocaine increases to between 500 grams and 1 kilogram of cocaine, the minimum sentence increases to 5 years’ imprisonment and the fine increases to $100,000.
For between one and ten kilograms, the minimum sentence is 15 years’ imprisonment and a $250,000 fine. For any amount exceeding 10 kilograms, the offender receives a mandatory life sentence. “Trafficking in amphetamine” and “trafficking in methamphetamine” are also covered under the statute. The lowest category of trafficking in amphetamine and trafficking in methamphetamine involves amounts between 28 grams and 500 grams, carrying a minimum sentence of 3 years’ imprisonment with a $50,000 fine.
When the amount of amphetamine or methamphetamine is between 500 grams and one kilogram, the sentence increases to a minimum of 5 years’ imprisonment with a $100,000 fine. For offenses involving between one kilogram and ten kilograms, the minimum sentence is 15 years’ imprisonment and a $250,000 fine, with any offenses exceeding ten kilograms carrying a mandatory life sentence. “Trafficking in synthetic substances” is the final drug categorized individually under the statute.
For amounts of a synthetic controlled substance between 56 and 500 grams, the offender receives a mandatory minimum sentence of 3 years’ imprisonment with a $50,000 fine. When the offender traffics an amount between 500 grams and one kilogram, the sentence is increased to a minimum of 10 years’ imprisonment and a fine of $100,000. For offenses involving between one and ten kilograms of a synthetic controlled substance, the penalty includes a minimum of 15 years’ imprisonment and a fine of $250,000, with any offender exceeding ten kilograms receiving a mandatory life sentence.
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