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Alabama Heroin Laws

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.

Code Sections Alabama Code Sections:
Possession 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.
Sale 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.

Habitual Offenders
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.
Trafficking 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.

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