Code of Alabama

Ala. Code § 13A-12-204 (2026)

Criminal Conspiracy to Commit Controlled Substance Crime.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime.

(b) The principles of liability and defenses for criminal conspiracy to commit a controlled substance crime are the same as those specified in Sections 13A-4-3(b) through (f), Section 13A-4-4, and Section 13A-4-5.

(c) A criminal conspiracy to commit a controlled substance crime shall be punished the same as the controlled substance crime that is the object of the conspiracy.

(Acts 1987, No. 87-612, p. 1061, §4; Code 1975, §20-2-163; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(9).)

Notes of Decisions

Cited in 11 cases, 1991–2013 · leading case: Skinner v. State, 843 So. 2d 820 (Ala. Crim. App. 2002).

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Skinner v. State, 843 So. 2d 820 (Ala. Crim. App. 2002). · cites it 8× “' The sentence contemplated by § 13A-12-204(c) is the sentence imposed on one convicted of the substantive crime underlying the conspiracy.”

Browder v. State, 728 So. 2d 1108 (Ala. 1997). · cites it 10× “We hold that the firearm enhancement statute, § 13A-12-231(13), may be applied not only to enhance the sentence of one convicted of the substantive crime of distributing controlled substances, but also to enhance the sentence of one convicted of the crime of conspiring to…”

Williams v. State, 665 So. 2d 955 (Ala. Crim. App. 1994). · cites it 5× “The appellant was also fined $1,000 and was ordered to pay $1,000 to the victim's compensation fund.”

McCart v. State, 765 So. 2d 21 (Ala. Crim. App. 2000). · cites it 3× “The appellants, William Gary McCart (Gary), Peggy Wilson McCart, and Gary Keith McCart (Keith), were convicted of conspiracy to traffic in marijuana, in violation of §§ 13A-12-204 and 13A-12-231(1)a., Ala.Code 1975, and unlawful possession of drug paraphernalia, in violation of…”

Parker v. State, 136 So. 3d 1092 (Ala. 2013). · cites it 3× “Jermaine Lavar Parker was convicted of conspiracy to commit a controlled-sub *1093 stance crime (the unlawful distribution of cocaine), a violation of Ala.Code 1975, § 13A-12-204, and of obstructing governmental operations, a violation of Ala.”

Beavers v. State, 627 So. 2d 1021 (Ala. Crim. App. 1991). · cites it 2× “The appellant, Connie Beavers, was convicted of criminal conspiracy to commit a controlled substance crime, a violation of § 13A-12-204, Code of Alabama 1975, and was convicted of trafficking in cocaine, a violation of § 13A-12-231(2)(a), Code of Alabama 1975.”

Browder v. State, 728 So. 2d 1106 (Ala. Crim. App. 1996). · cites it 2× “’ The sentence contemplated by § 13A-12-204(c) is the sentence imposed on one convicted of the substantive crime underlying the conspiracy.”

Alabama Bd. of Pardons & Paroles v. Smith, 25 So. 3d 1198 (Ala. Crim. App. 2009). · cites it 3× “In his petition, Smith alleged that, on October 22, 2002, he entered a plea of guilty to conspiracy to traffic in cocaine, a violation of §§ 13A-12-204 and 13A-12-231(2), Ala.Code 1975; that the trial court sentenced him to serve a term of 35 years in prison with a minimum of 15…”

Cabble v. State, 114 So. 3d 855 (Ala. Crim. App. 2012). “Pursuant to a negotiated plea agreement, the appellant, Quinneshia Chemise Cabbie, pleaded guilty to one count of conspiracy to distribute marijuana, a violation of §§ 13A-12-204 and 13A-12-211, Ala.Code 1975.”

Browder v. State, 728 So. 2d 1113 (Ala. Crim. App. 1998). · cites it 3× “Ala.Code 1975 §§ 13A-12-204 and 13A-4-3. Browder was sentenced to 30 years’ imprisonment and Welch was sentenced to 35 years’ imprisonment.”

Beavers v. State, 627 So. 2d 1025 (Ala. Crim. App. 1992). “” § 13A-12-204(c), Code of Alabama 1975. According to § 13A-12-231(2)(a), if the amount of cocaine involved is 28 grams but less than 500 grams of cocaine or any mixture containing cocaine, the mandatory fine is $50,000.”

— Ala. Code § 13A-12-204(a) — 1 case

McCart v. State, 765 So. 2d 21 (Ala. Crim. App. 2000). “The appellants, William Gary McCart (Gary), Peggy Wilson McCart, and Gary Keith McCart (Keith), were convicted of conspiracy to traffic in marijuana, in violation of §§ 13A-12-204 and 13A-12-231(1)a., Ala.Code 1975, and unlawful possession of drug paraphernalia, in violation of…”

— Ala. Code § 13A-12-204(c) — 6 cases

Skinner v. State, 843 So. 2d 820 (Ala. Crim. App. 2002). “' The sentence contemplated by § 13A-12-204(c) is the sentence imposed on one convicted of the substantive crime underlying the conspiracy.”

Browder v. State, 728 So. 2d 1108 (Ala. 1997). “We hold that the firearm enhancement statute, § 13A-12-231(13), may be applied not only to enhance the sentence of one convicted of the substantive crime of distributing controlled substances, but also to enhance the sentence of one convicted of the crime of conspiring to…”

Williams v. State, 665 So. 2d 955 (Ala. Crim. App. 1994). “The appellant was also fined $1,000 and was ordered to pay $1,000 to the victim's compensation fund.”

Browder v. State, 728 So. 2d 1106 (Ala. Crim. App. 1996). “’ The sentence contemplated by § 13A-12-204(c) is the sentence imposed on one convicted of the substantive crime underlying the conspiracy.”

Alabama Bd. of Pardons & Paroles v. Smith, 25 So. 3d 1198 (Ala. Crim. App. 2009). “In his petition, Smith alleged that, on October 22, 2002, he entered a plea of guilty to conspiracy to traffic in cocaine, a violation of §§ 13A-12-204 and 13A-12-231(2), Ala.Code 1975; that the trial court sentenced him to serve a term of 35 years in prison with a minimum of 15…”

— Ala. Code § 13A-12-204(e) — 1 case

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