possession of drug paraphernalia alabama

(Acts 1986, No. Possession of a controlled substance is a SERIOUS crime in Alabama, and the penalties are even more severe if you are being charged with sales.Act fast in order to keep your freedom. In some cases, the charges against you could be dropped or substantially reduced, depending on the nature of the evidence. Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Because Alabama’s law related to drug paraphernalia is so broad, there’s a chance that someone could be arrested for possessing normal household items such as buckets, garden tools, cooking equipment, tobacco pipes, and small containers. Alabama Drug Paraphernalia Laws. Ala. Code 13A-12-260. Your criminal defense attorney will review your case and look for any weaknesses, including possible violations of your rights. Speak with an Alabama drug possession lawyer if you are facing drug charges. Under Alabama criminal law, it is illegal to possess or use drug paraphernalia — anything that's used, intended for use or designed for use with drugs. Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. POSSESSION OF DRUG PARAPHERNALIA. Alabama primarily prosecutes three (3) misdemeanor drug offenses: Possession of Marijuana 2 nd degree, Possession/Use of Drug Paraphernalia, and Illegal Possession of Prescription Medication. Found inside – Page 24654–509 , provided in pertinent part that premises which are resorted to by narcotic drug addicts for the purpose of ... Amendment.40 Twenty states have adopted possession of the implements of crimes or narcotics paraphernalia laws . Theft of property, second degree, $1500-$2500: Thomas Anthony Gold, 53, arrested on County Road 747. If you were charged with possession marijuana the maximum is a year in jail. Acting U.S. Attorney Bridget M. Brennan announced that on Monday, November 15, 2021, Judge Christopher A. Boyko sentenced Brandon L. Sheridan, 35, of Mobile, Alabama, to 22 years in prison. This could impact your future ability to get a job, find a place to live, and even receive financial aid for school. The possession, sale, and use of drug paraphernalia are against Alabama law. Decatur woman arrested for drug possession, tampering with evidence. Police said the leaseholder, Teonna Breonshea Ray, 22, was arrested and booked into the Madison County Jail around 7:45 p.m. for possession of marijuana, drug trafficking - opium, possession of . As such, if you are caught with drug paraphernalia, you may be arrested and face criminal charges. If a person is in violation of this subsection and is in possession of a firearm at the time of the offense, the person shall be guilty of a Class B felony. Sess., Alab. Alabama divides its CDS into five "schedules," according to their degree of dangerousness: Schedule I drugs (such as opiates and certain opium derivatives and hallucinogenic substances) are those that have a high potential for abuse, no accepted medical use, or are unsafe for use in . She was charged with Possession of Drug Paraphernalia. Designed for professionals in the fields of child welfare, mental health, health care, education, law, the faith community & substance abuse prevention & treatment. Current as of January 01, 2019 | Updated by FindLaw Staff. Like other states, Alabama law criminalizes the possession of and transfer items that are referred to as drug paraphernalia.These items can be household products and other common goods, including things . Possession of Drug Paraphernalia . The state’s criminal code makes it a crime to possess drug paraphernalia, which is generally defined as anything that can help a person use, store, sell, or produce drugs. However, a drug offense in Alabama may be classified as a felony, which carries much more significant penalties. Torey Bryant Purser, 34, of Sanderson Street, is charged with possession of a controlled substance, first degree possession of marijuana and possession of drug paraphernalia. Almost anything can be considered drug paraphernalia, but items such as bongs, roach clips, glass pipes, or syringes are commonly . FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. The other 10 suspects are from Alabama and Georgia. (f) Contraband; forfeiture. Found inside – Page 102Average fine (and restitution) ii U.S. courts for — — Murder: — Kidnapping, hostage taking: — Money laundering: Maximum fine in Alabama for possession $2,000 or use of drug paraphernalia: For first offense — a Class A misdemeanor, ... There is much more at stake than just the legal penalties. McCulloch was charged with possession with intent to distribute - fentanyl, and second-degree promoting prison contraband. Paraphernalia. Drug Paraphernalia An Experienced Alabama Drug Paraphernalia Lawyer Will Help You Understand Your Options. The charge of Possession of Paraphernalia is a first-degree misdemeanor that will have you staring at a year in the county jail and a criminal conviction on your record. Alabama drug paraphernalia charges are a serious offense and many times this charge is accompanied with a drug possession charge as well. They were arrested on misdemeanor charges including loitering in a drug house, possession of drug paraphernalia and possession of marijuana. Found inside – Page 10would be equal to 20 % of the fine or forfeiture imposed for drug paraphernalia offenses ( adult and juvenile ) and also for the possession of an ounce or less of marihuana by a juvenile . V. LEGISLATION IN OTHER STATES State ... Officer: Ramey, A It would be against Alabama law if the person possessing the chemicals intended to use them to manufacture a controlled substance. All rights reserved. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Like other states, Alabama law criminalizes the possession of and transfer items that are referred to as drug paraphernalia. Alabama drug paraphernalia charges are a serious offense and many times this charge is accompanied with a drug possession charge as well. (Acts 1986, No. Autauga County Sheriffs Office. It includes but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances; (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (6) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances; (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana; (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; (11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, tetrahydro cannabinols, cocaine, hashish, or hashish oil into the human body, such as: a. Your best course of action is to consult with an Alabama drug crimes attorney who can speak with you about your options. DECATUR, Ala. — A Decatur woman was arrested Wednesday after officials found her in possession of cocaine and methamphetamine . Found inside – Page 145Statutory provisions pertaining to drug paraphernalia By State , 1988 Offense Sentence State Use , possession Alabama Delivery , sale : 1st offense 2nd offense Imprisonment not more than 1 year , or fine not more than $ 2,000 , or both ... Types of drug paraphernalia that are included under the law are: When Alabama law enforcement chooses to arrest someone for violation of this law, they may cite several indicators to classify something as drug paraphernalia. • Sabrina Nicole Putman, 35 of Scottsboro, was charged with possession of a controlled substance, possession of drug paraphernalia and carrying a . (a) Definition of "drug paraphernalia". Alabama Possession of Drug Paraphernalia. One step below a felony offense, a Class A misdemeanor can result in up to 365 days in jail and serious fines. If You Are Facing Drug Paraphernalia Charges. Any person who violates this subsection is guilty of a Class A misdemeanor and upon conviction shall be punished as prescribed by law. Among these items are: It’s important to state that possession of these items isn’t illegal. Read this complete Alabama Code Title 13A. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance; (3) The proximity of the object, in time and space, to a direct violation of this section or to a controlled substance; (4) The existence of any residue of controlled substances on the object; (5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of the controlled substances laws of this state;  the innocence of an owner, or of anyone in control of the object, as to a direct violation of such laws shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia; (6) Instructions, oral or written, provided with the object concerning its use; (7) Descriptive materials accompanying the object which explain or depict its use; (8) National and local advertising concerning its use; (9) The manner in which the object is displayed for sale; (10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; (11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise; (12) The existence and scope of legitimate uses for the object in the community; (13) Expert testimony concerning its use. Like other states, Alabama law criminalizes the possession of and transfer items that are referred to as drug paraphernalia.These items can be household products and other common goods, including things like rolling paper, pipes, weighing scales, blenders and the like. Possessing drug paraphernalia, such as pipes, is also illegal. (Acts 1986, No. Possession of Drug Paraphernalia is a Class A misdemeanor and can result when a person is in possession of any equipment, material, or product that is . If you are facing drug charges, don’t leave your freedom and future to chance. She was booked on a $7,500 bond. For more detailed codes research information, including annotations and citations, please visit Westlaw. Delivery or sale of paraphernalia is also a misdemeanor and comes with the same penalties. If you don’t fight these charges, you will end up with a conviction on your record. Alabama Code § 13A-12-260 contains a long list of items that can be considered drug paraphernalia under the right circumstances. Found insideKey: D = Decriminalized M = Medical Marijuana Alabama Possession of marijuana is a criminal, arrestable offense. ... The possession or sale of drug paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to ... (2) Any person 18 years of age or over who violates subdivision (1) of this subsection by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior shall be guilty of a Class B felony and upon conviction shall be punished as prescribed by law. Note: The charges and bail amounts may change after court appearances and may not be current. Health (3 days ago) Alabama's drug paraphernalia laws can trap the unwary . All drug paraphernalia used in violation of this section shall be contraband and subject to the forfeiture laws of this state and Section 20-2-93 as amended, in particular. Paraphernalia. (1) It shall be unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the controlled substances laws of this state. We can represent people in Auburn, Opelika and the surrounding parts of Alabama, including students at Auburn University.

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