Alabama’s Criminal Laws: Controlled Substances: Possession, Distribution, Manufacture

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.

You don’t have to go through the criminal court process alone. Feel free to contact us at Skier & Associates so that we can help you with your case. Doing a Google search or reading a blog entry is not an adequate substitute for getting advice from an experienced lawyer who works with these laws every day. Email us at blog@skierlaw.com or call (334) 263-4105 so that we can discuss the specific facts of your case. The information below is only intended to be a general guide to the law.

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.”

Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years.

Importantly, one does not need to be paid in order to be convicted under this law. Even giving away drugs can lead to being charged with Distribution.

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.”

Unlawful possession with intent to distribute a controlled substance is a Class B felony and the possible sentence is 2-20 years.

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 . . . 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 . . . or a precursor chemical.”

Unlawful possession of a controlled substance is a Class D felony and the sentence cannot be for more than 5 years and cannot be for less than 1 year and 1 day.

UNLAWFUL MANUFACTURE OF CONTROLLED SUBSTANCE 2nd Degree – Code of Alabama Section 13A-12-217

Someone commits the crime of unlawful manufacture of a controlled substance in the second degree if, “he or she manufactures a controlled substance . . . or possesses precursor substances . . . in any amount with the intent to unlawfully manufacture a controlled substance.”

Unlawful manufacture of a controlled substance in the second degree is a Class B felony and the possible sentence is 2-20 years.

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 . . . or possesses precursor substances . . . 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.”

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.

You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31.

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