Code of Alabama
Ala. Code § 13A-12-217 (2026)
Unlawful Manufacture of Controlled Substance in the Second Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(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 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.
(Act 2001-971, 3rd Sp. Sess., p. 873, §1.)
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 2004–2026 · leading case: Hulsey v. State, 196 So. 3d 342 (Ala. Crim. App. 2015).
Hulsey v. State, 196 So. 3d 342 (Ala. Crim. App. 2015). “” The Second Indictment The second indictment, returned on September 20, 2011, charged Hulsey under count one with second-degree unlawful manufacture of a controlled substance, see § 13A-12-217, Ala.Code 1975, and purported to charge him under count two with reckless…”
Wallace v. State, 130 So. 3d 212 (Ala. Crim. App. 2013). “Code 1975, the State must prove that the appellant is guilty of violating § 13A-12-217, Ala.Code 1975. This section provides: “(a) A person commits the crime of unlawful manufacture of a controlled substance in the second degree if .”
Adams v. State, 124 So. 3d 750 (Ala. Crim. App. 2013). “Code 1975, existed in conjunction with a violation of § 13A-12-217, Ala.Code 1975, which defines the offense of unlawful manufacture of methamphetamine in the second degree.”
Ex Parte Shaver, 894 So. 2d 781 (Ala. 2004). “Brian Shaver petitioned for a writ of certiorari from this Court to review the Court of Criminal Appeals' unpublished memorandum affirming the trial court's judgment convicting him, pursuant to a negotiated plea agreement, of the unlawful manufacture of a controlled substance in…”
Doucette v. State, 10 So. 3d 117 (Ala. Crim. App. 2008). “The appellant, Ronald Slater Doucette, pleaded guilty to possession of a precursor substance with the intent to manufacture a controlled substance, a violation of § 13A-12-217, Ala.Code 1975; and possession of drug paraphernalia, a violation of § 13A-12-260, Ala.”
Williams v. State, 104 So. 3d 254 (Ala. Crim. App. 2012). “Code 1975, and manufacturing methamphetamine under § 13A-12-217, Ala.Code 1975, each require proof of an element that the other does not and, thus, that they were not the same offense for purposes of double jeopardy.”
Ex Parte Aaron, 913 So. 2d 1110 (Ala. 2005). “[3] Aaron and Shaver also reserved the right to appeal the issue of the constitutionality of § 13A-12-217. However, this Court granted Shaver's petition only as to the issue whether the trial court properly denied his motion to suppress.”
Snowden v. State, 968 So. 2d 1004 (Ala. Crim. App. 2006). “[or] [p]ossesses precursor substances as determined in Section 20-2-181, in any amount with the intent to unlawfully manufacture a controlled substance," § 13A-12-217, and two or more of the following conditions occur in conjunction with the unlawful manufacture: "(1) Possession…”
Kailing (N.D. Ala. 2026). “or threatened use of physical force; and (2) his Alabama convictions for first and second degree manufacture of a controlled substance do not qualify as serious drug offenses because (a) he was sentenced for them on the same day; (b) Alabama’s definition of methamphetamine is…”
Weatherford v. State, 251 So. 3d 70 (Ala. Crim. App. 2017). “See § 13A-12-217, Ala. Code 1975. He was sentenced to 60 months in prison.”
State v. Haynes, 3 So. 3d 272 (Ala. Crim. App. 2008). “) The indictment in case number CC-05-379 alleged that the appellee “did commit the offense of Unlawful Manufacture of a Controlled Substance in the Second Degree, by possessing precursor substances, in any amount, with the intent to unlawfully manufacture a controlled…”
Lewis v. State, 911 So. 2d 35 (Ala. Crim. App. 2005). “Shannon Martica Lewis was indicted for the unlawful manufacture of a controlled substance in the second degree by possessing a precursor chemical' — pseudoephed-rine — with the intent to unlawfully manufacture methamphetamine, a violation of § 13A-12-217, Ala.Code 1975. On May…”
— Ala. Code § 13A-12-217(a) — 3 cases
Kailing (N.D. Ala. 2026). “or threatened use of physical force; and (2) his Alabama convictions for first and second degree manufacture of a controlled substance do not qualify as serious drug offenses because (a) he was sentenced for them on the same day; (b) Alabama’s definition of methamphetamine is…”
State v. Haynes, 3 So. 3d 272 (Ala. Crim. App. 2008). “) The indictment in case number CC-05-379 alleged that the appellee “did commit the offense of Unlawful Manufacture of a Controlled Substance in the Second Degree, by possessing precursor substances, in any amount, with the intent to unlawfully manufacture a controlled…”
Hatcher v. State, 936 So. 2d 1104 (Ala. Crim. App. 2006).
— Ala. Code § 13A-12-217(a)(1) — 1 case
Kailing (N.D. Ala. 2026). “or threatened use of physical force; and (2) his Alabama convictions for first and second degree manufacture of a controlled substance do not qualify as serious drug offenses because (a) he was sentenced for them on the same day; (b) Alabama’s definition of methamphetamine is…”
— Ala. Code § 13A-12-217(a)(2) — 8 cases
Wallace v. State, 130 So. 3d 212 (Ala. Crim. App. 2013). “Code 1975, the State must prove that the appellant is guilty of violating § 13A-12-217, Ala.Code 1975. This section provides: “(a) A person commits the crime of unlawful manufacture of a controlled substance in the second degree if .”
Ex Parte Aaron, 913 So. 2d 1110 (Ala. 2005). “[3] Aaron and Shaver also reserved the right to appeal the issue of the constitutionality of § 13A-12-217. However, this Court granted Shaver's petition only as to the issue whether the trial court properly denied his motion to suppress.”
State v. Haynes, 3 So. 3d 272 (Ala. Crim. App. 2008). “) The indictment in case number CC-05-379 alleged that the appellee “did commit the offense of Unlawful Manufacture of a Controlled Substance in the Second Degree, by possessing precursor substances, in any amount, with the intent to unlawfully manufacture a controlled…”
Kailing (N.D. Ala. 2026). “or threatened use of physical force; and (2) his Alabama convictions for first and second degree manufacture of a controlled substance do not qualify as serious drug offenses because (a) he was sentenced for them on the same day; (b) Alabama’s definition of methamphetamine is…”
Ex Parte State, 959 So. 2d 123 (Ala. 2006).
— Ala. Code § 13A-12-217(a)(l) — 1 case
Hulsey v. State, 196 So. 3d 342 (Ala. Crim. App. 2015). “” The Second Indictment The second indictment, returned on September 20, 2011, charged Hulsey under count one with second-degree unlawful manufacture of a controlled substance, see § 13A-12-217, Ala.Code 1975, and purported to charge him under count two with reckless…”
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