As in all of the states, heroin is a controlled substance that is illegal to possess, sell, or transport in Alabama. The following table details the main provisions of Alabama’s heroin laws.
|Alabama Code Sections:
|It’s illegal to possess heroin in Alabama. This is a Class C felony subject to a sentence of 1 to 10 years in prison and not more than a $15,000 fine. Also, if you have enough heroin or drug paraphernalia that it appears you’re selling, the district attorney may try to charge you with selling or trafficking heroin.
|Alabama outlaws the sale, delivery, or distribution of heroin, as well as other illegal drugs or controlled substances. The sale of heroin is a Class B felony that’s penalized by 2-10 years in prison and at most a $30,000 fine.
Sales to Children
The State of Alabama tries to protect children from drugs. If the sale of heroin is to a minor under 18 when you are an adult over 18, it’s a Class A felony. Class A felonies are subject to 10-99 years or life imprisonment and up to a $60,000 fine. In addition, selling heroin within 3 miles of a school or university will get you a 5 year penalty, during which you’re ineligible for probation.
Alabama has a “three strikes” type of law called the Habitual Felony Offender Act. This allows the felony class punishment range to be increased based on the number of prior convictions a defendant has. With three prior felonies, a Class B felony, like sale of heroin, will get you at least 20 years. If it’s a Class A as a child or school is involved, that’s mandatory life imprisonment without parole.
|In Alabama, it’s illegal to sell, manufacture, deliver, or otherwise bring into the state illegal drugs, including cocaine. Heroin trafficking is a Class A felony, but the mandatory minimums follow a schedule based on the amount of heroin trafficked:
- For 4-14 grams the sentences is a mandatory 3 years and a $50,000 fine
- For 14-28 grams it’s 10 years and a $100,000 fine
- For 28-56 grams, 25 years and a $500,000 fine
- For 56 grams or more the mandatory sentence is life in prison without the possibility of parole
Also, the heroin kingpin or leader can be heavily fined and possibly receive a higher minimum prison term under the Alabama Drug Trafficking Enterprise Act. If a person supervises at least five people and gets a substantial income from the heroin or other drug trade, for the first conviction, the mandatory minimum is 25 years in prison, and a $50,000 to $500,000 fine. A second conviction under this gets life imprisonment without parole and a $150,000 to $1,000,000 fine. No matter what, the sentence can’t be less than what the trafficking and habitual offender laws alone provide.
If you’re charged with a heroin-related drug crime, it’s important to consult with an experienced Alabama criminal defense attorney or your public defender quickly.
Note: State laws change frequently, be sure to verify the state laws you’re researching.