Code of Alabama
Ala. Code § 13A-12-270 (2026)
Additional Penalty for Unlawful Sale Within Three-Mile Radius of Public Housing Project.
✓ official Alabama Legislature (ALISON) text, current July 2026
In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was within a three-mile radius of a public housing project owned by a housing authority.
(Acts 1989, No. 89-951, p. 1873.)
Notes of Decisions
Cited in 58
cases, 1992–2016 · leading case: Poole v. State, 846 So. 2d 370 (Ala. Crim. App. 2002).
Poole v. State, 846 So. 2d 370 (Ala. Crim. App. 2002). “After a sentencing hearing, the trial court sentenced Poole, on one distribution count, to 20 years' imprisonment, plus an additional 5 years' imprisonment under § 13A-12-250 and an additional 5 years' imprisonment under § 13A-12-270, Ala.Code 1975for a total of 30 years'…”
Ex Parte Mutrie, 658 So. 2d 347 (Ala. 1993). “Code 1975requiring enhancement for the sale of a controlled substance within three miles of a schooland another five years, under § 13A-12-270, Ala.Code 1975requiring enhancement for the sale of a controlled substance within three miles of a housing project.”
Calloway v. State, 860 So. 2d 900 (Ala. Crim. App. 2003). “Code 1975, and an additional 5 years' imprisonment pursuant to § 13A-12-270, Ala.Code 1975. The 20-year base sentence was split, and Calloway was ordered to serve 3 years in confinement followed by 5 years on probation.”
Pettway v. State, 624 So. 2d 696 (Ala. Crim. App. 1993). “He was sentenced to 12 years' imprisonment, which sentence included enhancement pursuant to the provisions of § 13A-12-250 and § 13A-12-270, Code of Alabama 1975. He was further ordered to pay $50 to the Alabama Victims' Compensation Fund.”
McGee v. State, 620 So. 2d 145 (Ala. Crim. App. 1993). “We remanded this case so that the trial court could further enhance the appellant's *146 sentence in accordance with § 13A-12-270, Code of Alabama 1975, which provides for an additional five-year penalty if the sale of the controlled substance occurred within three miles of a…”
Hale v. State, 848 So. 2d 224 (Ala. 2002). “I would reverse and remand for resentencing without application of §§ 13A-12-250 and 13A-12-270 and without the two consecutive five-year enhancements pursuant to those two Code sections. In the case before us, Hale tacitly waived all nonjurisdictional objections to the…”
Austin v. State, 864 So. 2d 1115 (Ala. Crim. App. 2003). “Code 1975, and an additional 5 years' imprisonment pursuant to § 13A-12-270, Ala.Code 1975. The trial court suspended the 10-year base sentence and placed Austin on 2 years' probation.”
Moore v. State, 871 So. 2d 106 (Ala. Crim. App. 2003). “Code 1975,] allows a trial court to suspend a sentence imposed pursuant to § 13A-12-250 or § 13A-12-270, [Ala.Code 1975.]" 820 So.2d at 165 (emphasis added).”
Clay v. State, 687 So. 2d 1245 (Ala. Crim. App. 1996). “Following a jury trial, the appellant was convicted of the unlawful distribution of a controlled substance and on September 22, 1995, he was sentenced to two years in prison *1248 plus an additional five years pursuant to § 13A-12-250 and an additional five years pursuant to §…”
Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003). “2001), we addressed the application of Apprendi to § 13A-12-250 and § 13A-12-270, Ala.Code 1975, which mandate an increase of five years in a sentence for a drug-sale conviction if the sale occurred within three miles of a school or a housing project.”
Skinner v. State, 843 So. 2d 820 (Ala. Crim. App. 2002). “Code 1975, and an additional five years' imprisonment pursuant to § 13A-12-270, Ala.Code 1975. The evidence adduced at trial indicated the following.”
Smith v. State, 852 So. 2d 185 (Ala. Crim. App. 2002). “Code 1975, and an additional five years' imprisonment pursuant to § 13A-12-270, Ala.Code 1975. Smith's five-year base sentence was suspended and he was ordered to serve three years on probation.”
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