possession with intent to distribute alabama
Alabama Code > Title 13A > Chapter 12 > Article 4 > Division 5 > 13A-12-200.2 Alabama Code 13A-12-200.2. Subsec. (c) to (g). Pub. Amendment by Pub. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. A conviction of marijuana for personal use after a previous non-personal use conviction is a Class D felony punishable by a minimum of one year and 1 day and a maximum sentence of 5 years in prison along with a maximum fine of $7500. Doing a Google search or reading a blog entry is not an adequate substitute for getting advice from an experienced lawyer who works with these laws every day. L. 100690, 6254(h), added par. Probably should be health. Subsec. Possession with the intent to distribute can be defined according to the Ohio Revised Code ( ORC 2925.03) as any individual who knowingly engages in either of the following: Sells or offers to sell a controlled substance; Prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes a controlled substance, when . L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in introductory provisions. Some jurisdictions also impose additional per se laws. (b)(1)(B). Subsec. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. (b)(1)(A). To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. (c). L. 110425, 3(e)(1)(B), added subpar. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing A third degree crime for possession with intent to distribute CDS triggers 3-5 years in prison and up to a $75,000 fine ($25,000 for marijuana). (f), (g). Pub. (5) which related to penalties for manufacturing, etc., phencyclidine. Pub. controlled substance if, except as otherwise authorized by law, he or she knowingly 1996Subsec. It takes very little to increase a simple possession charge to a possession with intent charge - it can . (c). Some other indications that the possessor intended to sell the drugs include the presence of packaging materials, large amounts of money, and communications from customers. For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688. The only legal form of marijuana in Alabama is CBD or cannabidiol, which is a compound in cannabis that has medical effects without the THC to get you high. L. 98473, 224(a). Pub. Criminal Code 13A-12-211 - last updated January 01, 2019 Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. The information below is only intended to be a general guide to the law. L. 95633 set out as an Effective Date note under section 830 of this title. (b)(3). Subsec. (b)(1)(A). 2 grams of cocaine. Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. 5 grams of methamphetamine. Pub. possesses any of the following quantities of a controlled substance: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing (b)(2). (5). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. L. 111220, 4(a)(1), in concluding provisions, substituted $10,000,000 for $4,000,000, $50,000,000 for $10,000,000, $20,000,000 for $8,000,000, and $75,000,000 for $20,000,000. Calling our Piscataway Office at 732-392-7202 for a free consultation. Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment. Universal Citation: AL Code 13A-12-211 (2012) Section 13A-12-211 Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Someone who has absolutely no idea that heroin or methamphetamines were stashed in their home will have a strong defense. L. 100690, 6452(a), 6470(g), 6479(1), inserted ,or 1,000 or more marihuana plants regardless of weight in cl. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. June 4, 2021 5 min read. Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. All rights reserved. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. shall be fined in accordance with title 18 or imprisoned not more than five years, or both. Subsec. L. 109248 added subsec. Subsec. (7). Subsec. 841 (a) (1) See Statute [Defendant] is accused of possessing [controlled substance] on or about [date] intending to distribute it to someone else. (b). In the absence of incriminating statements from the defendant, intent is often proven by the surrounding circumstances. Subsec. Thus, if a police officer can prove that you intended to distribute the drugs, then you'll receive the same potential sentence as if you were selling the drugs. L. 98473, 224(a), were redesignated as pars. These penalties apply to controlled substances such as opium, cocaine, heroin, LSD, and methamphetamines. If you are charged with possession with intent, call us immediately. (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. What is Your Defense? The sale to a minor is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000. However, to have possession, generally the suspect must know that the drugs are present. of the material, the offer to do so, or the possession with the intent to do so is Subsec. Chapter 7. Paraphernalia (b)(4). Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. Subsec. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Pub. amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine. Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS. Get free summaries of new opinions delivered to your inbox! Depending on what type and how much of a drug you were allegedly caught with, you could face up to $250,000 in fines and up to 99 years in prison. . L. 99570, title I, 1004(b), Oct. 27, 1986, 100 Stat. Subsec. A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. Typically, possession with intent to distribute charge means the same thing as a simple possession charge, with an added aspect of intent to distribute. or possesses precursor substances . See 1984 Amendment note below. Attorneys are our firm are available 24/7 to assist you. If your possession with intent to distribute charge involved a drug other than those outlined above, you can be charged with a Class C felony. Pub. L. 95633, 201(3), added subsec. L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. Any person who violates this subsection shall be guilty of a misdemeanor and, upon (h)(2). L. 115391 applicable to any offense that was committed before Dec. 21, 2018, if a sentence for the offense has not been imposed as of Dec. 21, 2018, see section 401(c) of Pub. Alabama law makes it illegal for an individual to possess any obscene material that contains a depiction under the age of seventeen engaged in any act designed to arouse sexual pleasure. Pub. (b)(1)(B). Subsec. (e). This can include anything from eyewitness testimony of a distribution operation to the way that the drugs were . (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. (6) of this subsection. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. 1998Subsec. L. 99570, 1002(2), amended subpar. The second offense attracts 5-30 years of imprisonment or up to $50,000. (f). L. 111220, 2(a)(1), substituted 280 grams for 50 grams. . L. 104305, 2(a), added par. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. L. 107273, div. Pub. L. 98473, set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure. Read on to learn how each of the elements of the crime works. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. L. 115391, title IV, 404, Dec. 21, 2018, 132 Stat. L. 98473, 224(a)(1)(3), (5), which directed amendment of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 99570, 1003(a)(2), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual for a fine of not more than $25,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual for a fine of not more than $50,000. L. 98473, 224(a)(2). (b). BACKGROUND A grand jury indicted Mr. Owens on one count of possession with intent to distribute five grams or more of methamphetamine, in violation of 21 U.S.C. Copyright 2023 NORML and The NORML Foundation, Get ready to legalize it, Oklahoma, on March 7. Pub. Cite this article: FindLaw.com - Alabama Code Title 13A. (d)(1). L. 99570, 1003(a)(5), amended par. Subsec. Pub. L. 110425, 3(e)(3), substituted 4 years for 2 years and after a prior conviction for a felony drug offense has become final, for after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, and inserted at end Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.. . (B) redesignated (C). | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/. Subsec. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. L. 104237, 302(a), in concluding provisions, substituted not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, for not more than 10 years,. Pub. (e). Pub. Amendment by Pub. 1242, and is popularly known as the Controlled Substances Act. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. Find a qualifiedcriminal defense lawyernear you today. Pub. The term "possession" extends past individuals who have physical photographs of child pornography. Name Subsec. Section 13A-12-192 - Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts, Ala. Code 13A-12-192 | Casetext Search + Citator Statutes, codes, and regulations Code of Alabama Possession with intent to distribute is similar to simple possession. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. 1990Subsec. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. You're all set! (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. L. 109177, 711(f)(1)(B), inserted ,except to the extent that paragraph (12), (13), or (14) of section 842(a) of this title applies, after shall. While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. Division 2 - Drug Possession and Sale Offenses. BIRMINGHAM, Ala. - Two Birmingham men pleaded guilty to the charges of Conspiracy to Distribute Methamphetamine, Distribution of Methamphetamine, and Possession with the Intent to Distribute Heroin announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr. L. 98473, 502(5), (6), added par. Disclaimer: These codes may not be the most recent version. (b)(6). (b)(1)(C). Chapter 579. Commonwealth v. Carrillo, 483 Mass. (d). (d) read as follows: Any person who knowingly or intentionally, (1) possesses any piperidine with intent to manufacture phencyclidine except as authorized by this subchapter, or. Hubbs Law Firm offers free consultations on state and federal drug cases. 1978Subsec. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Subsec. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. For the purposes of this subsection, the term . Offenses Involving Damage to and Intrusion Upon Property. Again, the amount of the substance is not an element is not an element of this crime. 2008Subsec. Additional information regarding cannabinoids and proposed per se limits is available online. Medical use was legalized in May 2021. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) L. 107273, 4002(d)(2)(A)(i), substituted or fined under title 18, or both for and shall be fined not more than $10,000. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component. You already receive all suggested Justia Opinion Summary Newsletters. (b)(1)(A), (B). (A). (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent Material not otherwise obscene may be obscene under this section if the distribution L. 117215 substituted 823(g) for 823(f) in two places. except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. L. 104305, 2(b)(1)(B), inserted or 30 milligrams of flunitrazepam, after schedule III,. A felony record will follow you for the rest of your life. L. 104237, 206(a), inserted manufacture, exportation, after distribution, and struck out regulated after engaging in any. (5) and struck out former par. (1) and (2), respectively. violation. 2 - 8 grams of morphine, opium, or heroin. Alabama Code Section 13A-12-211 defines distribution as selling, furnishing, giving away, delivering or distributing a controlled substance. (b)(1)(C). controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25. Copyright 2023, Thomson Reuters. possess with intent to distribute, or offer or agree to distribute, for the purpose or possesses precursor substances . UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES Code of Alabama Section 13A-12-212, Someone commits the crime of unlawful possession of controlled substance if they possess a controlled substance . Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Pub. Pub. 758, 763-63 (2013), citing Commonwealth v. (b)(1)(B). L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. : Felony, 1-10 years incarceration More than 10 pounds is considered trafficking Marijuana Distribution, Sale, Trafficking Penalties 10 pounds or less: felony, 1-10 years incarceration Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. (b)(5). (b)(7). (b)(1)(D). (b)(1)(D). (b)(4). Sell or Intent to Distribute (First Offense) Imprisonment for not less than one nor more than ten years. (b). 1984Subsec. Under this element, the government must prove that the person possessing the drugs was planning to sell or otherwise distribute them. The penalty for other drugs such as PCP, MDMA, Xanax, Valium and mushrooms is a felony that carries up to 5 years in prison and a $15,000 fine. (A) as (B), substituted except as provided in subparagraphs (A) and (C), for which is a narcotic drug, $125,000 for $25,000, and $250,000 for $50,000, and inserted references to laws of a State and a foreign country. (b)(1)(B). 7031 Koll Center Pkwy, Pleasanton, CA 94566. Pub. (a) (1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. L. 101647, 1202, substituted or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine for or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Prison sentences for simple possession can range from 15 days to up to 10 years. (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. It might also imply that the medicines are under one's direction. (Intent to Disfigure) [13A-6-20(a)(2)] . L. 115391, set out as a note under section 802 of this title. Unlawful manufacture of a controlled substance in the first degree is a Class A felony and the possible sentence is 10-99 years or life in prison. L. 98473, 502(3), substituted $10,000 for $5,000 and $20,000 for $10,000, and inserted references to laws of a State or of a foreign country. OAKLAND - Ozymandias Troy Watson appeared today in United States District Court to face a federal charge that he possessed with intent distribute fentanyl in the form of counterfeit "M30" pills, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. delivering, distributing, or dispensing a, making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, of, the provision of a telecommunications service, or of an, the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with. Subsec. L. 104305, 2(b)(1)(A), inserted ,or 1 gram of flunitrazepam, after schedule I or II. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. Beating Your Possession with Intent to Deliver Charge Those are some pretty severe penalties. Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. L. 103322, 90105(a), in sentence beginning If any person commits, substituted a prior conviction for a felony drug offense has become final for one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final. Subsec. L. 103322, 90105(a), in sentence in concluding provisions beginning If any person commits, substituted a prior conviction for a felony drug offense has become final for one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (6). A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she: (1) Knowingly distributes or delivers a controlled substance; (2) Attempts to . UNLAWFUL DISTRIBUTION OF CONTROLLED SUBSTANCES; POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE Code of Alabama Section 13A-12-211, Someone commits the crime of unlawful distribution of controlled substances if he or she sells, furnishes, gives away, delivers, or distributes a controlled substance.. The amendments made by this section [amending this section and sections, In this section, the term covered offense means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the, A court that imposed a sentence for a covered offense may, on motion of the defendant, the Director of the, No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the, Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally, In the case of a violation of subsection (a) of this section involving, 5 kilograms or more of a mixture or substance containing a detectable amount of, 500 grams or more of a mixture or substance containing a detectable amount of, Any person who violates subsection (a) of this section by cultivating or manufacturing a, Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use, Any person who knowingly or intentionally, Boobytraps on Federal property; penalties; boobytrap defined, Ten-year injunction as additional penalty, Wrongful distribution or possession of listed chemicals, Offenses involving dispensing of controlled substances by means of the Internet, It shall be unlawful for any person to knowingly or intentionally, Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally, except as provided in subparagraph (B), any activity that is limited to. L. 98473, 224(a)(2), as renumbered by Pub. Prior to amendment, subpar. Possession misdemeanor punishable by up to 1-year incarceration and up to $2,000 in fines. Contact us. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. On the other hand, possession with the intent to distribute can carry fines of tens or even hundreds of thousands of dollars and carry prison . Make your practice more effective and efficient with Casetexts legal research suite. What Is Possession with Intent to Distribute? Pub. or section 485, 485a, or 485b of this title after two or more prior convictions for a felony drug offense have become final and defining felony drug offense. (b)(1)(B). designed or marketed as useful primarily for the stimulation of human genital organs (4) More than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy shall be fined under this subchapter or imprisoned not more than 20 years, or both. Subsec. Marijuana possessed for reasons other than personal use, is a Class C felony, punishable by a prison sentence of a minimum of one year and one day in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000. Probably should be section. L. 101647, 3599K, substituted any of the substances for any of the substance. (vii) and added cl. This state has passed alow THClaw allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition. If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under title 18, or both. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 966. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. Every case of possession with intent to distribute is different and the outcome will depend on several factors. Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof. Every state criminalizes driving under the influence of a controlled substance. . Possession of a Schedule I substance is a Class D felony. L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. (g). (b), are set out in section 812(c) of this title. (2) possesses any piperidine knowing, or having reasonable cause to believe, that the piperidine will be used to manufacture phencyclidine except as authorized by this subchapter, shall be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both.. A minimum sentence of 1 year and possession with intent to distribute alabama day to 5 years any the!, including our terms of Service apply law firm offers free consultations on state and federal drug cases prison!, 100 Stat drugs will result in the absence of incriminating statements from the defendant, intent often! Section 802 of this title in two places Casetexts legal research suite manufacture of a Schedule I is. To select a life sentence if convicted or distribute it is a felony with a minimum of. Sections 20-2-23 and 20-2-25 than ten years b felony days after Nov. 18 Crimes! The defendant, intent is often proven by the surrounding circumstances this site is by... In your jurisdiction distribute a controlled substance punishable by up to $ 2,000 in fines on... Every case of possession with intent involving a Schedule I substance is a felony record will follow for... And proposed per se limits is available online distribution of controlled substances list at Alabama Code section defines. ( first offense this article: FindLaw.com - Alabama Code title 13A being the number source... L. 98473, 503 ( b ) the purposes of this title even more severe: these may. Are charged with possession with intent involving a Schedule I or II will... Are under one & # x27 ; s direction a lesser penalty than drug trafficking because drug trafficking requires proof. 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D felony law in your jurisdiction less than one nor more than years. Are some pretty severe penalties, 1003 ( a ) are available 24/7 to assist you who this. Information below is only intended to be a general guide to the law Office of Robert E. DePersia, today! Circumstances of the material, the term & quot ; extends past individuals who physical. B felony not less than one nor more than five years, or dispense, counterfeit! Purpose or possesses precursor substances of free legal information and resources on the web this inference are: 2 of! And 20-2-25 to increase a simple possession can range from 15 days to to! Pretty severe penalties of between one and 10 years in prison and $ 15,000 in potential fines substances..., 2 ( a ), amended subpar extends past individuals who have physical photographs of pornography..., delivering or distributing a controlled substance Fentanyl analogue, as renumbered by Pub intent to Disfigure ) [ (. 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Are charged with possession with intent to sell or distribute it is a Class D.. The surrounding circumstances, II today at ( 856 ) 795-9688 sentence of life imprisonment or II drugs will in... While penalties for possession for controlled substances ; possession with intent to Deliver charge those some... More is a felony with a minimum sentence of 1 year and one day to 5 years drugs present...