Unlawful Distribution of Controlled Substances; Possession With Intent to Distribute a Controlled Substance.

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Section 13A-12-211

Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance.

(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.

(c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly 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 cocaine.

(2) More than two grams, but less than four grams, of any mixture of morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25.

(3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine.

(4) More than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine.

(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.

(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.

(7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component.

(d) Unlawful possession with intent to distribute a controlled substance is a Class B felony.

(Acts 1987, No. 87-603, p. 1047, §2; Act 2001-971, 3rd Sp. Sess., p. 873, §2; Act 2012-393, p. 1052, §1; Act 2018-552, §1.)


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