Alabama code section 13A–12–211
What you need to know about drug distribution under Alabama law.
We are going to talk about the crime of drug distribution under Alabama law. I'm going to give you three different case scenarios. See if you can guess who is or isn't guilty of distributing drugs. I give you the answers in just a second.
Billy Bob is at home and his cousin buzz is visiting. Cousin Buzz tells Billy Bob he has a really awful toothache and he can't afford to go to the dentist. Billy Bob remembers that he has a couple leftover oxycodone from when he got "fixed" a few years before. Billy Bob offers his cousin a leftover oxycodone which buzz gladly accepts. Unfortunately for Billy Bob, Cuz Buzz is trying to work off a drug case and buzz promptly turns Billy Bob into the cops. Is Billy Bob guilty of distribution?
But you might be thinking that Billy Bob didn't sell the drugs but under Alabama law, anybody who sells or gives away furnishes illegal drugs to anyone can find themselves being prosecuted. Billy Bob would correctly be charged with distribution of a controlled substance.
After serving few years in the state penn, Billy Bob gets out. He feels quite psychologically damaged after having spent that time in the prison. He goes to see a local psychologist, Dr. Fraud. Dr. Fraud says given your condition, you need to have some morphine. Let me give you a free sample. Dr. Fraud gives Billy a free sample of morphine. Is Dr. Fraud guilty?
All right, this is a bit of a trick question. A psychologist is not a medical doctor and as such, they aren't allowed to prescribe medications. That would be a psychiatrist and not a psychologist. Dr. Fraud would be correctly charged with distributing a controlled substance for having given Billy Bob the morphine.
Fortunately for Billy Bob, he was not there when the police arrived. He left but, he still had the free sample of 3 g of morphine in his pocket. Unfortunately for Billy Bob, who runs a stop sign and is pulled over by officer Hammer. Officer Hammer sees the morphine sitting next to Billy Bob on the passenger seat. Billy Bob hasn't sold or given the morphine to anyone. Is Billy Bob guilty of distribution this time?
He is according to Alabama code section 13A–12–211 which says that a person commits the crime of unlawful possession with the intent to distribute a controlled substance if they knowingly possess more than 2 g of any morphine or opium or heroin. So, the lesson here is that a person can be guilty of unlawful distribution of a controlled substance even without selling or distributing the substance at all. For certain controlled substances, if you have more than a certain amount, you can be found guilty of Possession with intent to distribute which is just a different form of distribution of a controlled substance.
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