Alabama has a law called "Possession With Intent to Distribute" regarding certain controlled substances.
You would think that to convict, the state would need evidence that the person was distributing or selling drugs.
That's not what this law says.
The law says that if a person has certain quantities of illegal drugs, the crime is possession with intent to distribute.
The crime is not based on a person trying to sell drugs, but it automatically assumes that a person having a certain weight range of various drugs must possess those drugs to distribute or sell them.
So, for example, if a person has more than 8 grams but less than 28 grams of cocaine methamphetamines or amphetamines, a person could be charged with possession with intent to Distribute or sell.
Similarly, if they had more than 2 grams but less than 4 grams of morphine, opium, or a mixture containing fentanyl, they could be charged possession with intent to sell or distribute.
Interestingly, as of August 13, 2024, marijuana is not included under this law, but a bill pending in the Senate would change this omission.
Possession with intent carries a punishment of 2 to 20 years in prison, with a fine of up to $30,000.
Of course, being charged with a crime doesn't mean that you are guilty of a crime.
If you are charged with this or any other crime, your best bet is to contact a competent criminal lawyer as quickly as possible. If you'd like our help, call us at the number below.