Alabama Drug Distribution Charges

Many state legislators take drug possession for distribution very seriously and impose laws that reflect this. Alabama is no different.

The Code of Alabama clearly outlines the drug offenses that can lead to drug distribution charges. These Alabama laws cover the unlawful distribution of drugs and unlawful possession of drugs with an intent to distribute.

The consequences of drug distribution charges are pretty severe, as they can include lengthy prison sentences, mandatory minimum sentences, and the stigma of being an ex-felon.

This FindLaw article explores drug distribution charges in the state of Alabama.

Unlawful Distribution vs. Unlawful Possession of Drugs

Section 13A-12-211 of the Alabama Criminal Code contains its laws prohibiting drug distribution. The Code addresses two types of drug distribution: unlawful distribution of a controlled substance and unlawful possession of drugs.

Unlawful Distribution of a Controlled Substance

Unlawful distribution of a controlled substance (Ala. Code § 13A-12-211 (a)), a Class B felony, occurs when a person does one of the following with a controlled substance as identified in Schedules I to V of Alabama's controlled substances list:

• Sells
• Furnishes
• Gives away
• Delivers
• Distributes

Alabama's controlled substances list resembles the federal Controlled Substances Act. The Act regulates drugs with a high potential for abuse and severe psychological or physical dependence. This includes prescription drugs like Xanax, Vicodin, and Adderall.

Although marijuana and LSD are on the federal Controlled Substances Act, they are not included on Alabama's list. Alabama addresses possession of marijuana separately in Ala. Code §§ 13A-12-213-214.

Unlawful Possession of a Controlled Substance

Unlawful possession of a controlled substance (Ala. Code § 13A-12-211 (b)), also a Class B felony, occurs when a person knowingly (and without authorization) possesses specific quantities of a controlled substance.

Alabama Code § 13A-12-211 (b) applies to the following quantities of specific drugs:

• Between eight and 28 grams of cocaine or a mixture containing cocaine
• Between two and four grams of any mixture containing opium, morphine, any derivatives including heroin, or any mixture containing fentanyl (this includes synthetic fentanyl)
• Between eight and 28 grams of 3,4-methylenedioxy amphetamine or any mixture containing this amount
• Between eight and 28 grams of 5-methoxy-3, 4-methylenedioxy amphetamine, or any mixture containing this amount
• Between eight and 28 grams of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer
• Between eight and 28 grams of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers
• Between one-half and one gram of fentanyl or any synthetic controlled substance fentanyl analog, as a single component

Note that the person does not have to sell, give away, or distribute the controlled substance, so this is not quite a possession with intent to distribute. Mere possession of a specific quantity is enough to trigger the statute's application.

Penalties

These drug crimes, unlawful possession of a controlled substance, and unlawful distribution of a controlled substance, are each Class B felonies. In Alabama, first-time offenders convicted of Class B felonies face between two and twenty years in prison. The Alabama code allows courts to enhance these sentences in the following situations:

• If the convicted person used a firearm or other deadly weapon during the commission of the Class B felony, the judge can add up to ten additional years.
• If the convicted person was formerly designated as a sexually violent predator, the judge must impose post-release supervision of at least ten years.
• If the convicted person is a habitual offender (Class B felony) and commits a second Class B felony, the court must impose punishment for a Class A felony (ten to 99 years).
• If the convicted person is a habitual offender, having committed more than two Class B felonies, the court must impose punishment of imprisonment for life or fifteen to 99 years.

Alabama Drug Distribution Laws Overview

 Get Legal Help

Drug crimes are serious. You should speak to a criminal defense attorney if you are facing drug charges. They are experts in criminal law, including drug laws. They can provide solid legal advice and help you navigate your case. Speak to an Alabama criminal defense attorney experienced in drug crimes today.