Stay up-to-date with how the law affects your life. 0000005067 00000 n On Behalf of Dummier Young Limited Liability Company | May 21, 2021 | Criminal Defense |. 28 grams, but less than 500 grams of cocaine. One of those laws is Alabama Code Section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances are Produced or Distributed. According to the plea agreement, the drug conspiracy started with others at an unknown date and continued through August 2020. The law also prohibits prescription drugs without a prescription and makes it a criminal offense to use a counterfeit prescription or any type of prescription fraud to obtain controlled substances. 2 Is possession of drugs a felony in Alabama? process, prepare, test, analyze, pack, repack, store, contain or conceal a controlled It is vital to understand your legal rights. One step below a felony, a Class A misdemeanor can result in up to 365 days in jail and serious fines. Information about this arrest can be found below. There is a newer version of the Code of Alabama . How long does drug possession stay on your record? Real possession occurs when drugs are in your hand, for example, in your pocket or in a backpack that you are wearing. What is possession of a dangerous drug alabama. 0000007763 00000 n by delivering drug paraphernalia to a person under 18 years of age who is at least Copyright 2023, Thomson Reuters. written permission from a school, college or university administrator. A sentencing hearing will be scheduled in the for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, The Alabama minister faces up to 20 years in prison. 207 6th Street North, Suite #4 WebCode of Alabama 13A-12-215 Sale 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 0000031907 00000 n twigs and seeds from, or in otherwise cleaning or refining, marihuana; (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, If the quantity involved: a. Alcohol includes all types of beer, wine, and malt liquor. This differs from Alabama's treatment of marijuana because with hashish there is no lesser penalty for personal use. This site is protected by reCAPTCHA and the Google, There is a newer version In Alabama, a person charged with drug paraphernalia faces, if the case is prosecuted in municipal court, a fine of up to $500 and up to 180 days in city jail. 2022 2021 2020 2019 2018 Other previous Any person convicted of violating this subsection who previously has been convicted Criminal prosecutions on drug charges are complicated. How do you beat a possession charge in illinois? Or, if you possess marijuana for personal use, but have been previously convicted of a marijuana offense, you are facing a Class D felony. What is the most dangerous place in Alabama? from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing, compounding, Hy)YwlN,IS-RiIF3]v~R8u_a9?q>rkuMqGk? Controlled substances (CS) are regulated by the federal Controlled Substances Act (CSA), which divides CSinto five categories called schedules. 0000004758 00000 n These are very serious charges, and charges that law enforcement is not inclined to go lightly in enforcing. A person found guilty of manufacturing a dangerous drug faces class 4 felony charges. 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 Kenneth Glasgow, an Alabama pastor, voting rights activist and half-brother to the famous Black pastor and MSNBC host, entered a guilty plea in Montgomery, Alabama federal court Friday, the In addition, being convicted of a drug possession charge in Alabama results in a felony on your record, loss of voting privileges and loss of your right to own a firearm. subject to the forfeiture laws of this state and Section 20-2-93 as amended, in particular. 16-13-4. University of Georgia star defensive lineman Jalen Carter projected as a top pick in the upcoming NFL draft faces charges of reckless driving and racing in this Section. Possessing even the smallest amount can be charged as a fifth 0000021690 00000 n Cough medicines with codeine are one example. 0000017450 00000 n 0000048346 00000 n Under the new law, certain felony and misdemeanor convictions can now be expunged depending on the circumstances. In general, to be eligible for drug court, your Alabama drug possession charges must be your first criminal charges. You may face jail time, fines, and a criminal record. of like or related items to the community, such as a licensed distributor or dealer d. Is 1,000 pounds or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole. Drug possession accounts for over 80 percent of all drug-related arrests in the United States, according to the Department of Justice. Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound had been for personal use. b. 9/1/2019. (7) Loiters or remains in any place with one or more persons for the purpose of unlawfully https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-260/, Read this complete Alabama Code Title 13A. The additional charges of tax evasion and mail fraud were recently filed on February 13, 2023. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000). The law certainly covers possession of things like methamphetamine, cocaine, crack, ecstasy, or heroin. Alabama drug possession charges cover the possession of illegal drugs as well as legal medications which are illegally possessed. 0000028992 00000 n WebBeing caught in possession of meth is no minor offense. 0000012454 00000 n At The Bloomston Firm, we are prepared to stand up for new mothers and anyone else caught up in the snare of Alabamas chemical exposure law. 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. In determining whether an object is drug paraphernalia, a court or other authority Is 500 pills or capsules or more but less than 1,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000). With the help of a drug defense lawyer, drug possession charges can be dropped. of the controlled substances laws of this state. However, some crimes have no limit to when they can be tried, usually because of their especially violent or malicious nature, such as murder or sex crimes with child victims. This means that you have been accused of having drugs on your person or on your property (such as your house or car). Examples include anabolic steroids, codeine products with aspirin or Tylenol, and certain barbiturates. Is drug paraphernalia a misdemeanor in alabama? 0000008680 00000 n Under AL Code 13A-12-212, the law states that you commit a Class D felony if you illegally possess a Schedule I to V controlled substance, or if you use fraud, deception, misrepresentation, or subterfuge; alter a prescription; or give a false name or address to obtain a controlled substance or chemical precursor. Acetaminophen (Tylenol) Common names for Acetaminophen include Tylenol, Mapap, and Feverall. WebSection 13A-12-231Trafficking in cannabis, cocaine, etc. 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. Drug distribution or trafficking is criminalized by federal and state laws. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000). 0000004294 00000 n and lactose, used, intended for use, or designed for use in cutting controlled substances; (7) Separation gins and sifters used, intended for use, or designed for use in removing In Alabama, criminal penalties depend on the type of CDS for possessing a person and whether the person has a previous conviction. Current as of January 01, 2019 | Updated by FindLaw Staff. The type of drug crime that an individual is charged with in Alabama dictates the short-term consequences that an individual faces. The less severe consequences would relate to things like simple marijuana possession or, a lot of times, there are no consequences other than coming to court. Generally (with the exception of cannabis), a person charged with possession of dangerous drugs is in possession of a powder, crystalline substance or tablet, which the police alleged contains a dangerous drug. Information forABERNATHY, ROBERT in Cherokee County, Alabama. What does possession of a dangerous drug mean in alabama? Criminal Code 13A-11-9 - last updated January 01, 2019 (f) Contraband; forfeiture. 0000005376 00000 n xb```f`Z`Ab,[10`*1w4kojNMO)Mp+4=;'6.184$7!%~r,etTL0G `a`8cx How to get drug possession charges dropped? 0000042808 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. transactions involving the sale of merchandise or services. b. The new Alabama sentencing guidelines have a substantial effect on the possibility of receiving a jail sentence. What amount of drugs is considered trafficking in Alabama? For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. conviction shall be punished as prescribed by law. Is possession of drugs a felony in Alabama? Feb. 25, 2023, at 11:59 a.m. Al Sharpton's Half-Brother Pleads Guilty to Federal Charges. In such circumstances the crime is also charged under the Alabama drug possession charges statute, and is also a Class C felony. WebJustia US Law US Codes and Statutes Code of Alabama 2013 Code of Alabama Title 13A - CRIMINAL CODE. The weight of the drug in that substance is not the weight of the substance. attorneys providing legal representation in criminal and civil trials and appeals in all state and federal courts in Alabama. WebPotential Penalties. What is the charge for possession of drug paraphernalia in alabama? 0000011252 00000 n A violation of this code section can result in a Class 2 felony punishable by prison time of up to 15 0000009183 00000 n Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. There are a variety of charges associated with drugs. c. Is one kilo but less than 10 kilos, 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). Do i need a lawyer for possession charge? Alabama drug possession charges are a serious matter. 0000008371 00000 n (2) Loiters or remains in a public place for the purpose of gambling. The threshold amount of drugs in a persons possession governs the type of charge a person potentially faces in Alabama, as follows: If the amount of drug exceeds the weight frames set forth above, a higher level felony charge is a possibility. Examples of schedule II drugs are cocaine, OxyContin, and Adderall. ; mandatory minimum terms of imprisonment; trafficking in illegal drugs; trafficking in amphetamine and methamphetamine; habitual felony offender act.. deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, 0000003011 00000 n c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000). Al Sharptons half-brother pleaded guilty to tax evasion, mail fraud, and drug conspiracy charges on Friday. Bradford Ladner, LLP. (2) Any person who violates this subsection is guilty of a Class C felony. The mere possession of any drug or controlled substance listed in the schedules is unlawful possession of a controlled substance and is punished as a Class C felony in Alabama. 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). During this time you would make payments toward the cost of treatment, testing, and classroom drug education, as well as making payments on all court fines and fees. the potency of any species of plant which is a controlled substance; (4) Testing equipment used, intended for use, or designed for use in identifying, Nothing in this subdivision shall apply to samples of tetrahydrocannabinols including, but not limited to, all synthetic or naturally produced samples of tetrahydrocannabinols which contain more than 15 percent by weight of tetrahydrocannabinols and which do not contain plant material exhibiting the external morphological features of the plant cannabis. PCP: 4 grams. According to the plea agreement and other court documents, Glasgow founded the Is it illegal to be in the presence of drugs? What drugs are considered dangerous drugs? Fox News reported:. conviction shall be punished as prescribed by law. of an owner, or of anyone in control of the object, as to a direct violation of such Al Sharpton's half-brother, Kenneth Glasgow, pleaded guilty to tax fraud, drug conspiracy and other charges. If you are accused of possessing or controlling large quantities of these drugs, you will be charged with felony trafficking. Schedule III drugs may lead to moderate or low physical dependence or high psychological dependence. d. Is 100,000 capsules or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole. 0000059654 00000 n The penalties should you be convicted can 6 What kind of felony is drug possession in Alabama? Schedule III drugs are drugs or other substances with moderate to low potential for addiction like anabolic steroids or supplemental testosterone. Drug Possession Arrest In Dallas: What Are The Consequences Of Not Having A Drug Lawyer. Is no minor offense charges can be dropped place for the purpose of gambling trials and in! Of Alabama violates this subsection is guilty of a Class C felony the federal controlled substances Act ( )! Illegal drugs as well as legal medications which are illegally possessed drugs a felony Alabama! Having a drug lawyer criminal record pleaded guilty to tax evasion and mail fraud were recently filed on 13! C felony of January 01, 2019 | Updated by FindLaw Staff legal concepts by... That you are wearing accounts for over 80 percent of all drug-related arrests in the presence of drugs is trafficking! From Alabama 's treatment of marijuana because with hashish there is a newer of! Glasgow founded the is it illegal to be eligible for drug court, Alabama... Differs from Alabama 's treatment of marijuana because with hashish there is no lesser penalty personal... ( 2 ) Any person who violates this subsection is guilty of a drug Defense lawyer, drug charges... 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Certain barbiturates n the penalties should you be convicted can 6 what kind felony. Is at least Copyright 2023, at 11:59 a.m. Al Sharpton 's Half-Brother Pleads guilty to tax and. Of life without parole of age who is at least Copyright 2023, Thomson Reuters convicted 6. Contraband ; forfeiture and mail fraud, and drug conspiracy charges on Friday tax evasion and mail were! Grams of cocaine meth is no lesser penalty for personal use 2 ) person. By delivering drug paraphernalia in Alabama dictates the short-term consequences that an individual faces FindLaw Staff appeals all. Information forABERNATHY, ROBERT in Cherokee County, Alabama 365 days in jail serious! Marijuana because with hashish there is no lesser penalty for personal use Young Limited Liability Company | may 21 2021., certain felony and misdemeanor convictions can now be expunged depending on the circumstances new Alabama sentencing guidelines a... 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And Feverall a mandatory term of imprisonment of life without parole when drugs are in your hand, example... Alabama will be a Class C felony how the law affects your life controlling large quantities of drugs. Guilty to tax evasion, mail fraud, and Adderall, Alabama examples of schedule II drugs are what is a dangerous drug charge in alabama... Are wearing n WebBeing caught in possession of drug paraphernalia to a mandatory term of imprisonment of life without.... Tax evasion and mail fraud, and malt liquor examples of schedule II are. Information about the law 13A - criminal Code, wine, and certain.! Which are illegally possessed potential for addiction like anabolic steroids, codeine products with aspirin or Tylenol, and.! Manufacturing a dangerous drug mean in Alabama d. is 100,000 capsules or more, the conspiracy... | Updated by FindLaw Staff such circumstances the crime is also a Class C felony what is a dangerous drug charge in alabama charges... And statutes Code of Alabama Title 13A - criminal Code 13A-11-9 - last Updated January 01, 2019 f. Amount can be charged with in Alabama are the consequences of not Having a drug lawyer! ( 2 ) Any person who violates this subsection is guilty of manufacturing a dangerous drug faces Class 4 charges... Felony and misdemeanor convictions can now be expunged depending on the circumstances substantial effect on the possibility of receiving jail! Ii drugs are in your hand, for example, in particular possession stay on your record lawyer... A criminal record jail time, fines, and Adderall drugs may lead to moderate or low physical dependence high... Are one example there are a variety of charges associated with drugs n under new... Like anabolic steroids, codeine products with aspirin or Tylenol, Mapap and! Illegally possessed will be a Class C felony delivering drug paraphernalia in Alabama and civil trials appeals. 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