(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.)
Notes of Decisions
Cited in
179
cases (
10 in the last 5 years), 1989–2025 · leading case:
Ex Parte Mutrie, 658 So. 2d 347 (Ala. 1993).
Ex Parte Mutrie, 658 So. 2d 347 (Ala. 1993).
· cites it 10× “Pearlie Mutrie pleaded guilty to unlawful "delivery" of a controlled substance in violation of § 13A-12-211, Ala.Code 1975. The trial court entered a judgment on the plea, and she was sentenced to two years' imprisonment.”
Poole v. State, 846 So. 2d 370 (Ala. Crim. App. 2002).
· cites it 5× “, was convicted of four counts of distributing controlled substances, violations of § 13A-12-211, Ala.Code 1975, and one count of possessing a controlled substance, a violation of § 13A-12-212, Ala.”
Hale v. State, 848 So. 2d 224 (Ala. 2002).
· cites it 4× “The defendant Anthony Jermaine Hale was indicted for, tried for, and convicted of unlawful distribution of marijuana (§ 13A-12-211, Ala.Code 1975). After a sentencing hearing, the trial court sentenced Hale, as an habitual felony offender with one prior felony conviction, to the…”
Clay v. State, 687 So. 2d 1245 (Ala. Crim. App. 1996).
· cites it 10× “The evidence tended to show the following: On August 4, 1994, two female undercover police officers drove up to the appellant and another black male who were standing on the sidewalk.”
United States v. Jerome Curtis Stancil, 4 F.4th 1193 (11th Cir. 2021).
· cites it 3× “United States; that defendant had prior convictions under Alabama Code § 13A-12-211(a), which provides that a person commits unlawful distribution of a controlled substance if he “sells, furnishes, gives away, delivers, or distributes” the substance.”
United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016).
“Code § 13A-12-212) 8 and (2) a statute prohibiting the unlawful distribution of or possession with intent to distribute a controlled substance other than marijuana (Ala. Code § 13A-12-211). 9 *1232 As noted, the third leg of this three-tier statutory scheme is the statute…”
Ex Parte Jeremy Koester, 450 S.W.3d 908 (Tex. App. 2014).
· cites it 5× “See Ala.Code § 13A-12-211(a), (b) (Supp.2014).”
United States v. Eric Lopez, 998 F.3d 431 (9th Cir. 2021).
“, Ala. Code §§ 13A-12-211, 13A-5-6(a)(2) (requiring a mandatory-minimum sentence of at least two years imprisonment for selling any amount of marijuana); Miss.”
United States v. Michael Anthony Conage, 976 F.3d 1244 (11th Cir. 2020).
“As in Florida, the Alabama statute is part of a three-tiered scheme for punishing drug offenses that includes, from the least serious offense to the most serious offense: (1) possession of a controlled substance, (2) distribution or possession of a controlled substance with…”
State v. Jones, 13 So. 3d 915 (Ala. 2008).
· cites it 4× “In the underlying case, the grand jury indicted Jones on charges of the unlawful distribution of clonazepam, a controlled substance, in violation of § 13A-12-211, Ala.Code 1975, within a three-mile radius of a school, in violation of § 13A-12-250, Ala.”
Avis Dante Hinkle v. State of Alabama., 86 So. 3d 441 (Ala. Crim. App. 2011).
· cites it 4× “Code 1975, in case number CC-08-3172; one count of unlawful distribution of a controlled substance, cocaine, having sold a controlled substance within a three-mile radius of a school and a housing project, violations of §§ 13A-12-211, 13A-12-250, and 13A-12-270, Ala.”
Shedrick D. Hollis v. United States, 958 F.3d 1120 (11th Cir. 2020).
“This Court granted a certificate of appealability on the issue whether trial and appellate counsel were ineffective for failing to argue that Hollis’s two prior convictions for distributing cocaine, Ala. Code § 13A-12-211, and one prior conviction for trafficking in cocaine, O.”
— Ala. Code § 13A-12-211(a) — 19 cases
United States v. Jerome Curtis Stancil, 4 F.4th 1193 (11th Cir. 2021).
“United States; that defendant had prior convictions under Alabama Code § 13A-12-211(a), which provides that a person commits unlawful distribution of a controlled substance if he “sells, furnishes, gives away, delivers, or distributes” the substance.”
Poole v. State, 846 So. 2d 370 (Ala. Crim. App. 2002).
“, was convicted of four counts of distributing controlled substances, violations of § 13A-12-211, Ala.Code 1975, and one count of possessing a controlled substance, a violation of § 13A-12-212, Ala.”
— Ala. Code § 13A-12-211(b) — 9 cases
Hale v. State, 848 So. 2d 224 (Ala. 2002).
“The defendant Anthony Jermaine Hale was indicted for, tried for, and convicted of unlawful distribution of marijuana (§ 13A-12-211, Ala.Code 1975). After a sentencing hearing, the trial court sentenced Hale, as an habitual felony offender with one prior felony conviction, to the…”
State v. Jones, 13 So. 3d 915 (Ala. 2008).
“In the underlying case, the grand jury indicted Jones on charges of the unlawful distribution of clonazepam, a controlled substance, in violation of § 13A-12-211, Ala.Code 1975, within a three-mile radius of a school, in violation of § 13A-12-250, Ala.”
— Ala. Code § 13A-12-211(c) — 2 cases
— Ala. Code § 13A-12-211(c)(1) — 1 case
— Ala. Code § 13A-12-211(c)(6) — 1 case
— Ala. Code § 13A-12-211(d) — 1 case
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