The Bloomston Firm of Birmingham, Alabama, provides representation throughout Birmingham, Huntsville, Tuscaloosa, Montgomery, Hoover, Mountain Brook, Pelham, Alabaster, Trussville, Adamsville, Fairfield, Gardendale, Homewood, Vestavia, Pell City, Ashville, Moody and Oneonta. The additional charges of tax evasion and mail fraud were recently filed on February 13, 2023. (14) Notwithstanding any provision of law to the contrary, any person who has possession of a firearm during the commission of any act proscribed by this section shall be punished by a term of imprisonment of five calendar years which shall be in addition to, and not in lieu of, the punishment otherwise provided, and a fine of twenty-five thousand dollars ($25,000); the court shall not suspend the five-year additional sentence of the person or give the person a probationary sentence. Possession of a dangerous drug charge is defined by the amount obtained in an arrest. Because Alabama drug possession charges are class C felonies they are potentially punishable by imprisonment from 1 to 10 years and a fine of not more than $15,000. 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. c. Is 28 grams or more, but less than 56 grams, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000). 0000030728 00000 n All states regulate and control the possession for personal use of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. Alabama considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. which are not sealed with glass at both ends. 0000013568 00000 n c. Is 25,000 pills or more, but less than 100,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of five hundred thousand dollars ($500,000). Web2-4(b). All states regulate and control the possession for personal use of controlled hazardous substances (CDS), although each state differs in its exact definition of CDS and penalties for possession. Alabama Drug Possession Laws and Penalties A person commits the crime of unlawful possession of an intent to distribute a controlled substance if he has a possession of between eight and 28 grams of cocaine, more than four grams of heroin, and any amphetamine up to 28 grams. An Alabama drug possession charge can be based on the mere possession of a single Xanax or other prescription medication. paraphernalia to plant, propagate, cultivate, grow, harvest, compound, convert, produce, 0000013916 00000 n 0000037315 00000 n Because drug use is a correctable problem, most Alabama counties have some type of deferred prosecution or drug court. If the quantity involved: a. Drug distribution is the crime of selling, manufacturing, delivering, or importing illegal drugs or illegal controlled substances, such as marijuana, heroin, methamphetamine, or cocaine. 0000059891 00000 n Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 9/1/2019. (2) Any person who violates this subsection is guilty of a Class C felony. Manufacturing dangerous drugs is also a crime. Conviction: A judgement of guilt against a criminal defendant. 205-802-8823, MOBILE OFFICE: In many drug possession cases, the best defense is to challenge the way the police obtained the evidence against you. (6) Loiters or remains in any transportation facility, unless specifically authorized 0000005221 00000 n Here is what people need to know about this controversial law: As the name implies, the law was initially created to fight the growing meth problem in parts of Alabama. Al Sharpton's half-brother, Kenneth Glasgow, pleaded guilty to tax fraud, drug conspiracy and other charges. List of Butalbital Compounds Scheduled in Alabama Drug Facts Amphetamines Barbiturates Bath Salts Benzodiazepines Cocaine Ecstasy or MDMA %%EOF Mobile, AL 36602 Rev. of the object, to deliver it to persons whom he knows intend to use the object to using or possessing a dangerous drug. The weight of the drug in that substance is not the weight of the substance. If you are caught with more than 28 grams of a dangerous drug, the crime is a felony. One of the reasons for this is to ensure that the evidence and witnesses' memories are fresh when a case goes to trial. Copyright 2023, Thomson Reuters. Enter a Melbet promo code and get a generous bonus, An Insight into Coupons and a Secret Bonus, Organic Hacks to Tweak Audio Recording for Videos Production, Bring Back Life to Your Graphic Images- Used Best Graphic Design Software, New Google Update and Future of Interstitial Ads. One common type of charge is a misdemeanor offense, which carries a fine of up to $6,000 and up to one year of jail time to be served in a city jail or county jail. If you are in possession of a prescription pill without a valid prescription for the (correct) substance and (the correct dose), law enforcement has the option of charging you with felony possession of a controlled substance or misdemeanor possession of prescription drugs. 0000034965 00000 n 0000003265 00000 n If the quantity involved: a. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We believe that there are situations that call for treatment, not punishment, and that lives should not be destroyed because of mistakes. Do i need a lawyer for possession charge? or in analyzing the strength, effectiveness, or purity of controlled substances; (5) Scales and balances used, intended for use, or designed for use in weighing or 0000004449 00000 n A person can apply for a pardon in Alabama if they have either completed his or her sentence or have [], The Alabama Redeemer Act is the newly passed Alabama expungement law. Feb. 25, 2023, at 11:59 a.m. Al Sharpton's Half-Brother Pleads Guilty to Federal Charges. Schedule III drugs are drugs or other substances with moderate to low potential for addiction like anabolic steroids or supplemental testosterone. CBD Products And Drug Possession: What To Do If You're Arrested. However, convictions for any dangerous drug offenses include fines of no less than $1,000 or 3 times the value of the drug, as well as least 360 hours of community restitution. Web(d) Dangerous drug in subdivision (a)(7) means any narcotic, drug, or controlled substance as defined in Chapter 2 of Title 20 and any schedule incorporated therein. 0000015030 00000 n The possession of marijuana is treated differently than the possession of other controlled substances in Alabama. <]>> Hy)M]lN, )1P*-]>;?OPi9u_a%?8^o{m1\9"8-nrx` ! %PDF-1.5 % ; mandatory minimum terms of imprisonment; trafficking in illegal drugs; trafficking in amphetamine and methamphetamine; habitual felony offender act.. 0000012454 00000 n (2) Loiters or remains in a public place for the purpose of gambling. If the quantity involved: a. WebFirst, the state must show the item is drug paraphernalia. Fighting these drug charges is possible, with the help of an experienced attorney. Drug distribution is the crime of selling, manufacturing, delivering, or importing illegal drugs or illegal controlled substances, such as marijuana, heroin, methamphetamine, or cocaine. What is the penalty for drug possession in arizona? Possession of a dangerous drug in Texas in an amount of 28 grams or less could result in a dangerous drug charge and conviction of a Class A Misdemeanor, with a fine of up to $4,000, and one year in county jail. 0000011853 00000 n Fox News reported:. 0000018805 00000 n He was 41 years old on the day of the booking. in Chapter 2 of Title 20 and any schedule incorporated therein. Under Alabama law, possession of controlled substances is a Class D felony offense (lowered from a Class C felony this past year by statutory law changes), while 0000006564 00000 n TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. of tobacco products; (11) Direct or circumstantial evidence of the ratio of sales of the object or objects This includes the counties of Jefferson County, Shelby County, St. Clair County, Walker County, Blount County, Madison County, Tuscaloosa County and Montgomery County. DEKALB COUNTY, Ala. (WHNT) During the month of January, the Dekalb County Sheriffs Office and other agencies in the county worked to arrest 22 people on different drug charges. subject to the forfeiture laws of this state and Section 20-2-93 as amended, in particular. 0000014777 00000 n Alabama believes that not only drugs known as marijuana, heroin and cocaine are controlled substances, but also the compounds used to make them. inject, ingest, inhale, or otherwise introduce into the human body a controlled substance 0000051277 00000 n Criminal Code 13A-12-260 - last updated January 01, 2019 0000010993 00000 n What is possession of a dangerous drug alabama. 0000016238 00000 n Know the Possible Charges. 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. 5 Is there a statute of limitations on drug charges in Alabama? On Behalf of Dummier Young Limited Liability Company | May 21, 2021 | Criminal Defense |. growing, or harvesting of any species of plant which is a controlled substance or 0000008022 00000 n More Information On Drug Court. endstream endobj 617 0 obj<>/ProcSet[/PDF/Text]>>/Subtype/Form/FormType 1/Matrix[1.0 0.0 0.0 1.0 0.0 0.0]>>stream analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, The Alabama Redeemer Act was signed into law on April 23, 2021, and becomes effective July 1, 2021. According to the Alabama code, a prosecution for unlawfully taking or using temporarily the property of another must be commenced within 30 days after the commission of the offense. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000). attorneys providing legal representation in criminal and civil trials and appeals in all state and federal courts in Alabama. They are the only schedule of drug that cannot be prescribed. 0000017692 00000 n In United States v. Eddie Lee Perry & Chad Ragin, eight co-defendants were indicted by [], ALABAMA PARDONS ARE ADMINISTERED BY THE ALABAMA BUREAU OF PARDONS AND PAROLES The following facts will answer many common questions about getting an Alabama Pardon: WHO IS ELIGIBLE FOR APPLYING FOR A PARDON IN ALABAMA? Examples include anabolic steroids, codeine products with aspirin or Tylenol, and certain barbiturates. A person who is convicted of a subsequent violation of this subsection shall be Unless the charge is for a simple first-time marijuana possession, most drug possession charges in Alabama are felonies. 0000010392 00000 n If the quantity of cannabis involved: a. for a pupil or any other specific, legitimate reason for being there, and not having Only 11% of women charged were able to afford a lawyer. Is in excess of one kilo or 2.2 pounds, but less than 100 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of twenty-five thousand dollars ($25,000). TODAY FOR A FREE CONSULTATION, ALABAMA FIELD SOBRIETY TESTS IN DUI CASES, CRIMINAL PUNISHMENT ALABAMA SENTENCES AND FINES, VIOLENT CRIMES UNDER ALABAMA SENTENCING GUIDELINES, NON-VIOLENT CRIMES UNDER ALABAMA SENTENCING GUIDELINES, ALABAMA CRIMINAL SENTENCING PUNISHMENT FINES COMMUNITY CORRECTIONS, STATUTE OF LIMITATIONS ON CRIMINAL CHARGES, FEDERAL SENTENCING GUIDELINES An Overview, ALABAMA CONSTRUCTION CONTRACT DISPUTES & CONSTRUCTION LIENS, NEW ALABAMA EXPUNGEMENT LAW / 2021 / THE ALABAMA REDEEMER ACT, 2014 ALABAMA EXPUNGEMENT BILL LIST OF VIOLENT CRIMES, 11TH CIRCUIT OPINION ON DRUG CODE LANGUAGE EXPERT, ALABAMA REDEEMER ACT / NEW ALABAMA EXPUNGEMENT LAW, ASSET FORFEITURE CIVIL AND CRIMINAL ASSET FORFEITURE LAWS, CHILD SUPPORT MODIFICATION- Overview of Alabama Law, FATHERS RIGHTS Alabama Child Custody Divorce Law, THINKING ABOUT A DIVORCE Birmingham Divorce Lawyer Comments, BOND IN ALABAMA CRIMINAL CASES AN OVERVIEW. 5 is there a statute of limitations on drug Court the object, to deliver it to whom... 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