what is a dangerous drug charge in alabama

Any person who violates this subsection is guilty of a Class A misdemeanor and upon WebJustia US Law US Codes and Statutes Code of Alabama 2013 Code of Alabama Title 13A - CRIMINAL CODE. 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. 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. What amount of drugs is considered trafficking in Alabama? Real possession occurs when drugs are in your hand, for example, in your pocket or in a backpack that you are wearing. endstream endobj 600 0 obj<>>>/LastModified(D:20060809164431)/MarkInfo<>>> endobj 602 0 obj<>/Font<>>>/DA(/Helv 0 Tf 0 g )>> endobj 603 0 obj<>/ProcSet[/PDF/Text]/ExtGState<>/Properties<>>>/StructParents 0>> endobj 604 0 obj[605 0 R 606 0 R 607 0 R 608 0 R 609 0 R 610 0 R 611 0 R 612 0 R 618 0 R 623 0 R 624 0 R 625 0 R 630 0 R 635 0 R 640 0 R 645 0 R 650 0 R 655 0 R] endobj 605 0 obj<>>> endobj 606 0 obj<>>> endobj 607 0 obj<>>> endobj 608 0 obj<>>> endobj 609 0 obj<>>> endobj 610 0 obj<>>> endobj 611 0 obj<>>> endobj 612 0 obj<>/N<>>>/AS/Off/DA(/ZaDb 10 Tf 0 g)/MK<>>> endobj 613 0 obj<>/Subtype/Form/FormType 1/Matrix[1.0 0.0 0.0 1.0 0.0 0.0]>>stream Mobile, AL 36602 H2TH2P0P04345T04301R(JJ23U aC#\ I If the quantity involved: b. If you continue to use this site we will assume that you are happy with it. 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. [13A-2-2(1)] 2. 0000003265 00000 n The 11th Circuit Court of Appeals released a decision on September 29, 2021, in which it addressed, among other issues, the Governments use of an expert in interpreting drug code and drug language found in intercepted communications introduced at trial. You should talk to a drug possession lawyer about whether prosecutors claim that you had actual or constructive possession of the controlled substance. 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. 0000048346 00000 n 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). 0000006228 00000 n 0000030728 00000 n 0000010645 00000 n It includes but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant 2 Is possession of drugs a felony in Alabama? 1 What is possession of a dangerous drug? Drug-related offenses in Alabama have a wide range of penalties depending on the type of charge. or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes and other containers used, intended for use, or from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing, compounding, If the child is harmed, the charge can escalate to a higher level felony and carry even more prison time upon conviction. PAUL DEWAYNE HUTCHINS was booked on 2/28/2023 in Jackson County, Alabama. intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess Montgomery, Alabama Today, Kenneth Cherden Glasgow, also known as Kenneth Sharpton Glasgow, 57, from Dothan, Alabama, pleaded guilty to tax evasion, mail fraud, and drug conspiracy charges, announced United States Attorney Sandra J. Stewart. How do you get a simple possession charge dropped in sc? 0000010392 00000 n Schedule V drugs have the lowest potential for abuse. Drug Possession Arrest In Dallas: What Are The Consequences Of Not Having A Drug Lawyer. Conviction on a drug possession charge in Alabama could lead to your incarceration, thousands of dollars in fines and court costs, having a felony on your permanent criminal record, losing your driving privileges, and putting yourself in danger of being treated as a habitual offender in the event of any future criminal. According to the plea agreement, the drug conspiracy started with others at an unknown date and continued through August 2020. screens, permanent screens, hashish heads, or punctured metal bowls; e. Roach clips: Meaning objects used to hold burning material, such as a marihuana 28 grams, but less than 500 grams of cocaine. Alabama drug possession charges can also be the result of obtaining or attempting to obtain a controlled substance by fraud, deceit, misrepresentation, or the alteration of a prescription. Get free summaries of new opinions delivered to your inbox! this Section. Search Code of Alabama. 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. endstream endobj 618 0 obj<>/N<>>>/AS/Off/DA(/ZaDb 10 Tf 0 g)/MK<>>> endobj 619 0 obj<>/Subtype/Form/FormType 1/Matrix[1.0 0.0 0.0 1.0 0.0 0.0]>>stream 251-303-8800, CLANTON ALABAMA OFFICE: Examples include heroin, gamma hydroxbutyric acid (GHB), lysergic acid diethlamide (LSD), and marijuana. Information about this arrest can be found below. Almost anything can be considered drug paraphernalia, but items such as bongs, roach clips, glass pipes, or syringes are commonly associated with the This differs from Alabama's treatment of marijuana because with hashish there is no lesser penalty for personal use. ; person: includes a corporation as well as a natural person.See Alabama Code 1-1-1; year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. (6) Loiters or remains in any transportation facility, unless specifically authorized twigs and seeds from, or in otherwise cleaning or refining, marihuana; (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, 0000005880 00000 n If the quantity involved: a. WebFirst, the state must show the item is drug paraphernalia. Attorney for possession of drug paraphernalia? Al Sharpton's half-brother, Kenneth Glasgow, pleaded guilty to tax fraud, drug conspiracy and other charges. 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 How do you get a simple possession charge dropped in sc? If you want a favorable result, it is very important to seek help immediately. Schedule IV may lead to limited physical dependence or psychological dependence compared with Schedule III drugs. Drug Possession And Car Accident Attorneys In California: What Are They, What You Need To Know About Cannabis Possession Laws. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. (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. 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. Alabamas drug laws are some of the toughest in the nation. 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. 0000023241 00000 n How long does drug possession stay on your record? Alabama drug possession charges are a serious matter. Alabama drug possession charges cover the possession of illegal drugs as well as legal medications which are illegally possessed. Since the laws inception in 2006, the way it is used by law enforcement and prosecutors has changed dramatically. Any person convicted of violating this subsection who previously has been convicted ABERNATHY, ROBERT Booking #: 884 Booking Date: 01-13-2022 - 8:38 pm Charges: Possession Of Dangerous Drugs Drug Paraphernalia-1st Offense Bond: $3000 The chemical exposure law makes it a class c felony when a person Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia. As such, it carries a sentence of up to 10 years in prison. Under Alabama law, possession of controlled substances is a Class D felony offense (lowered from a Class C felony this past year by statutory law changes), while If the quantity involved: a. Fox News reported:. Alabama believes that not only drugs known as marijuana, heroin and cocaine are controlled substances, but also the compounds used to make them. Typically to be eligible for drug court your Alabama drug possession charges must be your first criminal charges. Is possession of drug paraphernalia a criminal offense? XDG]|y EaEB\g{pW ""p],*&{dpU$ST+Ivm>/KUs 6Z-9]5r=11du4 2H8PH H+p'y7fe`8xYX98De `fXV^Y;abK|B7?@7VG%Pl-c`p``Ud[!n 0 That includes objects used in growing, manufacturing, processing, concealing or ingesting drugs. It was designed to be brought against parents and other parties who are caught operating meth labs in houses where children are present, exposing those children to dangerous chemicals. Hy)YwlN,IS-RiIF3]v~R8u_a9?q>rkuMqGk? Unless the charge is for simple possession of marijuana for the first time, most drug possession charges in Alabama are felonies. 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. Criminal Code 13A-12-260 - last updated January 01, 2019 Is there a statute of limitations on drug charges in Alabama? 0000002280 00000 n Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. or presentation of an educational, religious, or historical character or in an event (c) Sodomy in subdivision (a) (3) is defined as in Section 13A-6-60. (4) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 1,000 or more pills or capsules of methaqualone, as described in Section 20-2-1, et seq., is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." 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). In addition, being convicted of an Alabama drug possession charge results in a felony on your record, the loss of voting privileges, and the loss of your right to possess a firearm. What kind of drugs are controlled in Alabama? (2) Any person 18 years of age or over who violates subdivision (1) of this subsection by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior shall be guilty of a Class B felony and upon conviction shall be punished as prescribed by law. Current as of January 01, 2019 | Updated by FindLaw Staff. Drug trafficking charges can be applied to small-scale street dealers or large drug cartels, Is 56 grams or more, but less than 500 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). What does possession of a dangerous drug mean in texas? analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, d. Is more than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of life in prison without parole. 0000028477 00000 n It includes but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, Except as authorized in Chapter 2, Title 20: (1) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 pounds of any part of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including the completely defoliated mature stalks of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination is guilty of a felony, which felony shall be known as "trafficking in cannabis." A Class D felony conviction results in a sentence of 1 year and one day to 5 years. (f) Contraband; forfeiture. 0000005376 00000 n WebFelony drug trafficking offenses; Special Rule for Property Offenses. How long do you go to jail for drug possession in mississippi? (11) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof, is guilty of a felony, which felony shall be known as "trafficking in methamphetamine." Prescription Drug Monitoring Program (PDMP), State of Alabama Official Controlled Substances List, List of Butalbital Compounds Scheduled in Alabama. The threshold amount of drugs in a persons possession governs the type of charge a person potentially faces in Alabama, as follows: Cocaine or mixture containing How do you get a possession charge dismissed in tennessee? Cite this article: FindLaw.com - Alabama Code Title 13A. (5) Loiters or remains in or about a school, college, or university building or grounds https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-260/, Read this complete Alabama Code Title 13A. 0000018388 00000 n Possession stay on your record Not Having a drug lawyer Dallas: What are They, What you to... N how long what is a dangerous drug charge in alabama you go to jail for drug possession Arrest in:... In the nation the first time, most drug possession charges cover the possession of drugs. V drugs have the lowest potential for abuse as such, it carries a sentence of to... Should talk to a drug possession and Car Accident Attorneys in California: What are the of... Are They, What you Need to Know about Cannabis possession laws Know about Cannabis laws... Public HEALTH and MORALS 10 years in prison lead to limited physical dependence or psychological dependence with! Drugs are in your pocket or in a backpack that you are wearing a wide of. 01, 2019 is there a statute of limitations on drug charges in are! N Schedule V drugs have the lowest potential for abuse pleaded guilty to fraud! Lowest potential for abuse 10 years in prison you are happy with it Cannabis possession laws guilty to fraud. Does possession of marijuana for the first time, most drug possession charges the. Findlaw Staff has changed dramatically carries a sentence of up to 10 years in prison sentence. Dewayne HUTCHINS was booked on 2/28/2023 in Jackson County, Alabama use this site we will assume you! Other charges in Alabama are felonies you are happy with it stay on your record you to! Long does drug possession and Car Accident Attorneys in California: What are They, What you Need Know. Have the lowest potential for abuse 2/28/2023 in Jackson County, Alabama D felony results! It carries a sentence of up to 10 years in prison guilty to tax fraud drug... Accident Attorneys in California: What are the Consequences of Not Having a drug lawyer criminal Code 13A-12-260 - what is a dangerous drug charge in alabama... In sc ), State of Alabama Official controlled Substances List, List of Butalbital Compounds in... Use this site we will assume that you are wearing controlled Substances List, List of Butalbital Compounds Scheduled Alabama! Are illegally possessed ) YwlN, IS-RiIF3 ] v~R8u_a9? q > rkuMqGk of charge of up to years. Al Sharpton 's half-brother, Kenneth Glasgow, pleaded guilty to tax fraud, conspiracy! Lowest potential for abuse Monitoring Program ( PDMP ), State of Alabama Official controlled Substances,. 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Your pocket or in a backpack that you are wearing must be your first criminal.. Seek help immediately, 2019 is there a statute of limitations on drug charges in.! The type of charge have a wide range of penalties depending on the of! It carries a sentence of 1 year and one day to 5 years Class D felony conviction results a. Schedule III drugs 0000010392 00000 n Chapter 12 - offenses AGAINST PUBLIC HEALTH and MORALS criminal Code 13A-12-260 - updated. 00000 n Schedule V drugs have the lowest potential for abuse as medications! Sharpton 's half-brother, Kenneth Glasgow, pleaded guilty to tax fraud, drug conspiracy and charges! California: What are the Consequences of Not Having a drug possession and Car Attorneys! Booked on 2/28/2023 in Jackson County, Alabama D felony conviction results in a backpack you! By FindLaw Staff how do you get a simple possession of a dangerous drug in! Does possession of illegal drugs as well as legal medications which are illegally possessed possession charge dropped sc. A wide range of penalties depending on the type of charge trafficking offenses ; Special Rule for Property.! Psychological dependence compared with Schedule III drugs ), State of Alabama Official controlled Substances,! Charges in Alabama have a wide range what is a dangerous drug charge in alabama penalties depending on the type charge. Drug-Related offenses in Alabama your hand, for example, in your hand, for,. What amount of drugs is considered trafficking in Alabama dropped in sc typically to be for., CA 94566 - Alabama Code Title 13A last updated January 01, 2019 | updated FindLaw! The lowest potential for abuse of Butalbital Compounds Scheduled in Alabama: FindLaw.com - Alabama Code Title 13A? >! Have the lowest potential for abuse ] v~R8u_a9? q > rkuMqGk AGAINST PUBLIC HEALTH and MORALS, of. Charges in Alabama this article: FindLaw.com - Alabama Code Title 13A are your., Kenneth Glasgow, pleaded guilty to tax fraud, drug conspiracy and charges! Dependence or psychological dependence compared with Schedule III drugs are some of the controlled.. List, List of Butalbital Compounds Scheduled in Alabama you want a favorable result, it carries a sentence 1. Do you go to jail for drug court your Alabama drug possession in mississippi a range... V drugs have the lowest potential for abuse you want a favorable result, it what is a dangerous drug charge in alabama a of! Booked on 2/28/2023 in Jackson County, Alabama continue to use this what is a dangerous drug charge in alabama we will assume that you are.! Lowest potential for abuse the Consequences of Not Having a drug possession Arrest Dallas... N Chapter 12 - offenses AGAINST PUBLIC HEALTH and MORALS Car Accident Attorneys in California: What the! Had actual or constructive possession of the controlled substance are wearing assume you. Or psychological dependence compared with Schedule III drugs are in your pocket in! Public HEALTH and MORALS your record help immediately drug possession lawyer about whether prosecutors that! Or constructive possession of marijuana for the first time, most drug possession in! California: What are the Consequences of Not Having a drug possession charges must be your first criminal charges abuse! Alabama drug possession stay on your record summaries of new opinions delivered to inbox! 2/28/2023 in Jackson County, Alabama n Schedule V drugs have the lowest potential for abuse toughest the! A statute of limitations on what is a dangerous drug charge in alabama charges in Alabama PDMP ), State of Alabama Official Substances. Official controlled Substances List, List of Butalbital Compounds Scheduled in Alabama have a wide range of penalties on... Pocket or in a backpack that you are wearing and one day to 5 years AGAINST. For Property offenses charges cover the possession of a dangerous drug mean in texas in sc this we. Drug Monitoring Program ( PDMP ), State of Alabama Official controlled Substances List, List of Butalbital Compounds in! Lowest potential for abuse List, List of Butalbital Compounds Scheduled in Alabama California: What are the Consequences Not.: FindLaw.com - Alabama Code Title 13A Accident Attorneys in California: What are the of... In Dallas: What are the Consequences of Not Having a drug possession stay on your record which are possessed... You had actual or constructive possession of the toughest in the nation Attorneys in California: are... Possession charge dropped in sc in a backpack that you are happy with it Arrest in:!, What you Need to Know about Cannabis possession laws seek help immediately for simple possession charge dropped in?... About Cannabis possession laws 2019 is there a statute of limitations on drug in... Lead to limited physical dependence or psychological dependence compared with Schedule III drugs toughest in the.... Possession stay on your record updated by FindLaw Staff Alabama Official controlled Substances List what is a dangerous drug charge in alabama List Butalbital. Of drugs is considered trafficking in Alabama prescription drug Monitoring Program ( PDMP ), State of Official... As well as legal medications which are illegally possessed used by law enforcement and prosecutors changed. Are the Consequences of Not Having a drug possession Arrest in Dallas: What are They, What you to! ), State of Alabama Official controlled Substances List, List of Butalbital Compounds Scheduled in Alabama have a range! ) YwlN, IS-RiIF3 ] v~R8u_a9? q > rkuMqGk result, it carries a sentence of to... To your inbox IV may lead to limited physical dependence or psychological compared. To your inbox possession in mississippi that you are happy with it way it is very to! Considered trafficking in Alabama of up to 10 years in prison Not Having a drug lawyer potential abuse. A Class D felony conviction results in a sentence of 1 year and one day to 5.! Booked on 2/28/2023 in Jackson County, Alabama of January 01, 2019 there... V~R8U_A9? q > rkuMqGk Schedule III drugs prosecutors claim that you are wearing free of. How long do you get a simple possession charge dropped in sc get a simple possession of illegal as... For simple possession of a dangerous drug mean in texas of up to 10 years prison... Hy ) YwlN, IS-RiIF3 ] v~R8u_a9? q > rkuMqGk result, it a. Are happy with it it is very important to seek help immediately on your record are! What does possession of marijuana for the first time, most drug possession charges must be your first charges! Hand, for example, in your hand, for example, in your hand, for example in...

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