Alabama Penalties for Heroin, Fentanyl, and Other Opioids

Alabama approaches legal crises related to heroin, fentanyl, and other opioids. As these challenges arise, the state provides legal sanctions to mitigate the issue.

This article examines drug regulations in Alabama. It explains how Alabama laws categorize controlled substances and the corresponding penalties associated with the possession and sale of these drugs.

The Opioid Crisis in Alabama

Opioids are substances that attach to the opioid receptors in the human brain’s reward center. It then diminishes the person's pain and induces the feeling of euphoria and relaxation. This type of drug includes heroin and painkillers such as morphine, oxycodone, hydrocodone, and fentanyl.

But despite its medical use, Alabama is also fighting against the severe opioid crisis. According to the 2023 Alabama Opioid Overdose and Addiction Council’s report, the state recorded 1,408 overdose deaths in 2021. Out of this number, 70% or 981 deaths were caused by opioids. The state also acknowledged the alarming rise of fentanyl use as fentanyl-related deaths rose from 121 in 2018 to 835 in 2022.

Despite the state’s efforts to reduce opioid prescriptions, Alabama continues to have one of the highest opioid dispensing rates per capita in the country. In 2020, there were 80.4 prescriptions in every 100 persons in 2020. The national average rate of opioid prescription was 43.3 per 100 people in 2020.

In response, Alabama has implemented various efforts to fight this drug crisis. One of these efforts is expanding naloxone distribution. In 2023, the state distributed more than 51,000 naloxone kits. Alabama also focused on improving access to treatment and enhancing data collection.

Understanding Alabama’s Drug Schedules

The Alabama drug schedule closely resembles the federal structure. It categorizes controlled substances into five schedules. The laws categorize these substances based on the accepted medical use and their potential for drug abuse.

Schedule I drugs include those that have no approved medical use and are considered the most dangerous. Included under this schedule are LSD (lysergic acid) and heroin. Meanwhile, Schedule V has recognized medical use and the lowest potential for drug abuse. This includes medications with low amounts of codeine and other narcotic mixtures.

It is also important to note that despite the changing laws in other states, Alabama maintains a strict classification for marijuana (cannabis) as it remains a Schedule I substance. Any possession of marijuana, use, or cultivation of it is a crime and subjects the person to prison time, fines, or both.

State Drug Classifications

Alabama law categorizes controlled substances into five categories called “schedules.” The schedule ranges from I to V. The schedule is sorted based on their risk for drug abuse, likelihood of physical or psychological dependence, and medical use.

Schedule I:

• Heroin
• LSD
• Psilocybin
• Marijuana

Schedule II:

• Opium
• Fentanyl
• Morphine
• Cocaine
• Methamphetamine
• Amphetamines (e.g., Adderall)
• Some barbiturates

Schedule III:

• Narcotics with over 90 milligrams of codeine per dose
• Anabolic steroids used for therapeutic purposes
• Ketamine

Schedule IV:

• Propoxyphene
• Benzodiazepines
• Valium
• Xanax

Schedule V:

• Medications with low amounts of codeine, dihydrocodeine, ethylmorphine, diphenoxylate, and difenoxin
• Medications containing small amounts of narcotics used for antidiarrheal, antitussive, and analgesic purposes

The Alabama State Board of Health adopted an updated list of controlled substances effective Feb. 24, 2024.

What Are the Penalties for Unlawful Possession and Sale of Heroin, Fentanyl, and Other Opioids?

Alabama law provides harsh penalties for drug cases. The nature of the charge plays a vital role in assessing the severity of the penalty. A previous criminal conviction could also affect the duration of these penalties. But Alabama law has an exception for those with valid prescription drugs.

Code of Alabama Title 13A (Ala. Criminal Code Section 13A-12-231) details the penalties for the sale and possession of a controlled substance. A person who knowingly delivers, sells, manufactures, or imports into the state the following quantity of substances commits a felony called “trafficking in illegal drugs.” This drug offense includes those found in either constructive or actual possession of four grams or more of any blend of such substances or their synthetic equivalent.

The following is a breakdown of the penalties as outlined in the Alabama state law:

For trafficking of heroin and other opioids:

Recent Legislation in Alabama Related to Controlled Substances

Legislation passed in 2023 targets the drug trafficking of fentanyl and reflects the potency and lethal potential of the drug. It made the penalties provided by Alabama Code Title 13A more severe, as reflected in the table below. The law also aims to combat further the distribution of fentanyl due to its contribution to the overdose crisis in the country.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Note that the law’s focus on “pure fentanyl” instead of mixtures of controlled substances aimed at applying these penalties to drug traffickers instead of mere drug possession of individuals of fentanyl-laced drugs. This new legislation marks a shift in providing higher penalties for fentanyl trafficking in the state of Alabama.

Facing a Drug Case? Seek Legal Advice

If you or someone you know is facing drug charges, it is helpful to consult a local drug crime attorney. They can give you the help and guidance needed to understand the laws related to these drug crimes.

Criminal law attorneys who specialize in drug cases also understand the drug schedules and their corresponding penalties. They can help keep you informed and protect your rights. You don't have to face these legal challenges alone.