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drug manufacturing / trafficking
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Make no mistake about it, the state
and
federal laws make it
illegal to manufacture any controlled substance listed in CONTROLLED SUBSTANCES/Drug schedules I
through V within the Code of Alabama and like
statutes under federal law. Manufacturing includes growing
plants that can be used as illegal controlled substances, or in the
making of drugs. In addition, a manufacturing charge is often stacked
on top of other drug charges such as possession or trafficking.
Trafficking charges are those which include not only the obvious, but
also if the amount possessed is over a scheduled amount. These crimes
are punished harshly, with sentences of two to twenty years for the
lowest level of drug manufacturing charges as well as harsh fines.
Additionally the penalties are harsher if done near schools This
results in more jail time.
Many times there are persons
charged with these crimes who are not actually involved with the
manufacturing, trafficking or possession but because they were in the
vicinity. Law enforcement will make “sweeping charges” to include as
many people in the bust as possible. Law enforcement is still required
to connect the illegal activity to the ones charged in order to obtain
a conviction. Often several persons will be charged in one case with
the belief that proceeding with several will cause juries to convict
more freely. Severing the cases from each other allows each person to
have a fairer trial without the prejudice of others.
If you're facing drug manufacturing or trafficking charges in Alabama,
you need smart and aggressive legal representation. Please contact Attorney Steven F. Long on DRUG MANUFACTURING/TRAFFICKING to discuss any further and specific questions you may have.
Unlawful manufacture of controlled
substance in the second degree.
(a)
A person commits the crime of unlawful manufacture of a controlled
substance in the second degree if, except as otherwise authorized in
state or federal law, he or she does any of the following:
(1) Manufactures a controlled substance enumerated in CONTROLLED SUBSTANCES/Drug schedules I to V,
inclusive.
(2)
Possesses precursor substances as determined in Section 20-2-181, in
any amount with the intent to unlawfully manufacture a controlled
substance.
(b) Unlawful manufacture of a controlled substance in the second degree
is a Class B felony.
Unlawful manufacture of controlled substance in the first degree.
(a)
A person commits the crime of unlawful manufacture of a controlled
substance in the first degree if he or she violates Section 13A-12-217
and two or more of the following conditions occurred in conjunction
with that violation:
(1) Possession of a firearm.
(2) Use of a booby trap.
(3)
Illegal possession, transportation, or disposal of hazardous or
dangerous materials or while transporting or causing to be transported
materials in furtherance of a clandestine laboratory operation, there
was created a substantial risk to human health or safety or a danger to
the environment.
(4) A clandestine laboratory operation was to
take place or did take place within 500 feet of a residence, place of
business, church, or school.
(5) A clandestine laboratory operation actually produced any amount of
a specified controlled substance.
(6)
A clandestine laboratory operation was for the production of controlled
substances listed in Schedule I or Schedule II.(7) A person under the
age of 17 was present during the manufacturing process.
(b) Unlawful manufacture of a controlled substance in the first degree
is a Class A felony.
Trafficking
in cannabis, cocaine, etc.; mandatory minimum terms of imprisonment;
trafficking in illegal drugs; trafficking in amphetamine and
methamphetamine; habitual felony offender act.
(1)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession
of, in excess of one kilo or 2.2 pounds of any part of the plant of the
genus Cannabis, whether growing or not, the seeds thereof, the resin
extracted from any part of the plant, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds, or
resin including the completely defoliated mature stalks of the plant,
fiber produced from the stalks, oil, or cake, or the completely
sterilized samples of seeds of the plant which are incapable of
germination is guilty of a felony, which felony shall be known as
"trafficking in cannabis." Nothing in this subdivision shall apply to
samples of tetrahydrocannabinols including, but not limited to, all
synthetic or naturally produced samples of tetrahydrocannabinols which
contain more than 15 percent by weight of tetrahydrocannabinols and
which do not contain plant material exhibiting the external
morphological features of the plant cannabis. If the quantity of
cannabis involved:
a. Is in excess of one kilo or 2.2 pounds,
but less than 100 pounds, the person shall be sentenced to a mandatory
minimum term of imprisonment of three calendar years and to pay a fine
of twenty-five thousand dollars ($25,000).
b. Is 100 pounds or
more, but less than 500 pounds, the person shall be sentenced to a
mandatory minimum term of imprisonment of five calendar years and to
pay a fine of fifty thousand dollars ($50,000).
c. Is 500 pounds
or more, but less than 1,000 pounds, the person shall be sentenced to a
mandatory minimum term of imprisonment of 15 calendar years and to pay
a fine of two hundred thousand dollars ($200,000).
d. Is 1,000 pounds or more, the person shall be sentenced to a
mandatory term of imprisonment of life without parole.
(2)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession
of, 28 grams or more of cocaine or of any mixture containing cocaine,
described in Section 20-2-25(1), is guilty of a felony, which felony
shall be known as "trafficking in cocaine." If the quantity involved:
a.
Is 28 grams or more, but less than 500 grams, the person shall be
sentenced to a mandatory minimum term of imprisonment of three calendar
years and to pay a fine of fifty thousand dollars ($50,000).
b.
Is 500 grams or more, but less than one kilo, the person shall be
sentenced to a mandatory minimum term of imprisonment of five calendar
years and to pay a fine of one hundred thousand dollars ($100,000).
c.
Is one kilo, but less than 10 kilos, then the person shall be sentenced
to a mandatory minimum term of imprisonment of 15 calendar years and to
pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory
term of imprisonment of life without parole.
(3)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession
of, four grams or more of any morphine, opium, or any salt, isomer, or
salt of an isomer thereof, including heroin, as described in Section
20-2-23(2) or Section 20-2-25(1)a., or four grams or more of any
mixture containing any such substance, is guilty of a felony, which
felony shall be known as "trafficking in illegal drugs." If the
quantity involved:
a. Is four grams or more, but less than 14
grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of fifty
thousand dollars ($50,000).
b. Is 14 grams or more, but less
than 28 grams, the person shall be sentenced to a mandatory minimum
term of imprisonment of 10 calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is 28 grams or more, but
less than 56 grams, the person shall be sentenced to a mandatory
minimum term of imprisonment of 25 calendar years and to pay a fine of
five hundred thousand dollars ($500,000).
d. Is 56 grams or more, the person shall be sentenced to a mandatory
term of imprisonment of life without parole.
(4)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of
1,000 or more pills or capsules of methaqualone, as described in
Section 20-2-1, et seq., is guilty of a felony, which felony shall be
known as "trafficking in illegal drugs." If the quantity involved:
a.
Is 1,000 pills or capsules, but less than 5,000 pills or capsules, the
person shall be sentenced to a mandatory minimum term of imprisonment
of three calendar years and pay a fine of fifty thousand dollars
($50,000).
b. Is 5,000 capsules or more, but less than 25,000
capsules, that person shall be imprisoned to a mandatory minimum term
of imprisonment of 10 calendar years and pay a fine of one hundred
thousand dollars ($100,000).
c. Is 25,000 pills or more, but
less than 100,000 pills or capsules, the person shall be sentenced to a
mandatory minimum term of imprisonment of 25 calendar years and pay a
fine of five hundred thousand dollars ($500,000).
d. Is 100,000 capsules or more, the person shall be sentenced to a
mandatory term of imprisonment of life without parole.
(5)
Any person who knowingly sells, manufactures, delivers or brings into
this state, or who is knowingly in actual or constructive possession of
500 or more pills or capsules of hydromorphone as is described in
Section 20-2-1, et seq., is guilty of a felony which shall be known as
"trafficking in illegal drugs." If the quantity involved:
a. Is
500 pills or capsules or more but less than 1,000 pills or capsules,
the person shall be sentenced to a mandatory term of imprisonment of
three calendar years and to pay a fine of fifty thousand dollars
($50,000).
b. Is 1,000 pills or capsules or more, but less than
4,000 pills or capsules, the person shall be sentenced to a mandatory
term of imprisonment of 10 calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is 4,000 pills or
capsules or more but less than 10,000 pills or capsules, the person
shall be sentenced to a mandatory term of imprisonment of 25 calendar
years and to pay a fine of one hundred thousand dollars ($100,000).
d. Is more than 10,000 pills or capsules, the person shall be sentenced
to a mandatory term of life in prison without parole.
(6)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession
of, 28 grams or more of 3,4-methylenedioxy amphetamine, or of any
mixture containing 3,4-methylenedioxy amphetamine, is guilty of a
felony, which felony shall be known as "trafficking in illegal drugs."
If the quantity involved:
a. Is 28 grams or more, but less than
500 grams, the person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of fifty
thousand dollars ($50,000).
b. Is 500 grams or more, but less
than one kilo, the person shall be sentenced to a mandatory minimum
term of imprisonment of five calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is one kilo, but less
than 10 kilos, then the person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and to pay a fine of
two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory
term of imprisonment of life without parole.
(7)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession
of, 28 grams or more of 5-methoxy-3, 4-methylenedioxy amphetamine, or
of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine is
guilty of a felony, which felony shall be known as "trafficking in
illegal drugs" if the quantity involved:
a. Is 28 grams or more,
but less than 500 grams, the person shall be sentenced to a mandatory
minimum term of imprisonment of three calendar years and to pay a fine
of fifty thousand dollars ($50,000).
b. Is 500 grams or more,
but less than one kilo, the person shall be sentenced to a mandatory
minimum term of imprisonment of five calendar years and to pay a fine
of one hundred thousand dollars ($100,000).
c. Is one kilo, but
less than 10 kilos, then the person shall be sentenced to a mandatory
minimum term of imprisonment of 15 calendar years and to pay a fine of
two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory
term of imprisonment of life without parole.
(8)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession
of, four grams or more of phencyclidine, or any mixture containing
phencyclidine, is guilty of a felony, which felony shall be known as
"trafficking in illegal drugs." If the quantity involved:
a. Is
four grams or more, but less than 14 grams, the person shall be
sentenced to a mandatory minimum term of imprisonment of three calendar
years and to pay a fine of fifty thousand dollars ($50,000).
b.
Is 14 grams or more, but less than 28 grams, the person shall be
sentenced to a mandatory minimum term of imprisonment of five calendar
years and to pay a fine of one hundred thousand dollars ($100,000).
c.
Is 28 grams or more, but less than 56 grams, then the person shall be
sentenced to a mandatory minimum term of imprisonment of 15 calendar
years and to pay a fine of two hundred fifty thousand dollars
($250,000).
d. Is 56 grams or more, the person shall be sentenced to a mandatory
term of imprisonment of life without parole.
(9)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession
of, four grams or more of lysergic acid diethylamide, of four grams or
more of any mixture containing lysergic acid diethylamide, is guilty of
a felony, which felony shall be known as "trafficking in illegal
drugs." If the quantity involved:
a. Is four grams or more, but
less than 14 grams, the person shall be sentenced to a mandatory
minimum term of imprisonment of three calendar years and to pay a fine
of fifty thousand dollars ($50,000).
b. Is 14 grams or more, but
less than 28 grams, the person shall be sentenced to a mandatory
minimum term of imprisonment of 10 calendar years and to pay a fine of
one hundred thousand dollars ($100,000).
c. Is 28 grams or more,
but less than 56 grams, the person shall be sentenced to a mandatory
minimum term of imprisonment of 25 calendar years and to pay a fine of
five hundred thousand dollars ($500,000).
d. Is 56 grams or more, the person shall be sentenced to a mandatory
term of imprisonment of life without parole.
(10)
Any person who knowingly sells, manufactures, delivers or brings into
this state, or who is knowingly in actual or constructive possession
of, 28 grams or more of amphetamine or any mixture containing
amphetamine, its salt, optical isomer, or salt of its optical isomer
thereof, is guilty of a felony, which felony shall be known as
"trafficking in amphetamine." If the quantity involved:
a. Is 28
grams or more but less than 500 grams, the person shall be sentenced to
a mandatory minimum term of imprisonment of three calendar years and to
pay a fine of fifty thousand dollars ($50,000).
b. Is 500 grams
or more, but less than one kilo, the person shall be sentenced to a
mandatory minimum term of imprisonment of five calendar years and to
pay a fine of one hundred thousand dollars ($100,000).
c. Is one
kilo but less than 10 kilos, then the person shall be sentenced to a
mandatory minimum term of imprisonment of 15 calendar years and to pay
a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory
term of imprisonment of life without parole.
(11)
Any person who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession
of, 28 grams or more of methamphetamine or any mixture containing
methamphetamine, its salts, optical isomers, or salt of its optical
isomers thereof, is guilty of a felony, which felony shall be known as
"trafficking in methamphetamine." If the quantity involved:
a.
Is 28 grams or more but less than 500 grams, the person shall be
sentenced to a mandatory minimum term of imprisonment of three calendar
years and to pay a fine of fifty thousand dollars ($50,000).
b.
Is 500 grams or more, but less than one kilo, the person shall be
sentenced to a mandatory minimum term of imprisonment of five calendar
years and to pay a fine of one hundred thousand dollars ($100,000).
c.
Is one kilo but less than 10 kilos, then the person shall be sentenced
to a mandatory minimum term of imprisonment of 15 calendar years and to
pay a fine of two hundred fifty thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced to a mandatory
term of imprisonment of life without parole.
(12)
The felonies of "trafficking in cannabis," "trafficking in cocaine,"
"trafficking in illegal drugs," "trafficking in amphetamine," and
"trafficking in methamphetamine" as defined in subdivisions (1) through
(11), above, shall be treated as Class A felonies for purposes of Title
13A, including sentencing under Section 13A-5-9. Provided, however,
that the sentence of imprisonment for a defendant with one or more
prior felony convictions who violates subdivisions (1) through (11) of
this section shall be the sentence provided therein, or the sentence
provided under Section 13A-5-9, whichever is greater. Provided further,
that the fine for a defendant with one or more prior felony convictions
who violates subdivisions (1) through (11) of this section shall be the
fine provided therein, or the fine provided under Section 13A-5-9,
whichever is greater.
(13) Notwithstanding any provision of law
to the contrary, any person who has possession of a firearm during the
commission of any act proscribed by this section shall be punished by a
term of imprisonment of five calendar years which shall be in addition
to, and not in lieu of, the punishment otherwise provided, and a fine
of twenty-five thousand dollars ($25,000); the court shall not suspend
the five-year additional sentence of the person or give the person a
probationary sentence.
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