reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 4 - Obscene Materials Containing Visual Reproduction of Children. › Section 13A-12-193 - Proof of Age of Person Contained in Visual Depiction; Inferences as to Age.

Section 13A-12-193
Proof of age of person contained in visual depiction; inferences as to age.
(a) In proving that a person in a visual depiction who is engaged in any obscene act set out in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 is under the age of 17 years, the state is not required to introduce into evidence a birth certificate, produce testimony as to the date of birth of such person, or produce testimony of any person who knows or is acquainted with the person alleged to be under the age of 17 years. If the defendant or the state intends to rely on a birth certificate to prove the date of birth of any person in the visually reproduced matter, such defendant or the state shall file with the clerk of the court in which the action is pending, at least 15 days prior to trial, a notice of an intention to rely on an official, certified copy of a birth certificate together with a copy of the birth certificate.
(b) A jury, or the court if a jury trial is waived, may infer from the following factors whether or not the person displayed or depicted in any obscene matter is under the age of 17 years:
(1) The general body growth and bone structure of the person;
(2) The development of pubic hair or body hair on the person;
(3) The development of the person's sexual organs;
(4) The context in which the person is placed by any accompanying printed or text material;
(5) Any expert testimony as to the degree of maturity of the person.
(c) The existence of any or all of the factors listed in subsection (b) of this section shall not operate to change the requirement that before any conviction may be had, the state must convince the factfinder beyond a reasonable doubt that the person engaged in the act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct in the visual depiction is under the age of 17 years.
(Acts 1978, No. 592, p. 705, §4; Code 1975, §13-7-233; Acts 1984, No. 84-285, p. 492, §4; Act 2006-112, p. 166, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 4 - Obscene Materials Containing Visual Reproduction of Children. › Section 13A-12-194 - Identity of Person Engaged in Obscene Act Not Required.

Section 13A-12-194
Identity of person engaged in obscene act not required.
The state shall not be required to establish the identity, either in the indictment or in any subsequent proceeding, of the person alleged to be under the age of 17 years who is engaged in any of the acts described in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197, which are visual depiction.
(Acts 1978, No. 592, p. 705, §5; Code 1975, §13-7-234; Acts 1984, No. 84-285, p. 492, §5; Act 2006-112, p. 166, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 4 - Obscene Materials Containing Visual Reproduction of Children. › Section 13A-12-195 - Indication of Commercial Exploitation of Matter for Prurient Appeal May Be Considered in Determining Whether Matter Appeals to Prurient Interest, Etc.

Section 13A-12-195
Indication of commercial exploitation of matter for prurient appeal may be considered in determining whether matter appeals to prurient interest, etc.
Where the circumstances of the dissemination or public display of matter indicates that it is being commercially exploited by the defendant for its prurient appeal, such evidence may be considered in determining whether the matter appeals to the prurient interest, is patently offensive, or lacks serious literary, artistic, political or scientific value.
(Acts 1978, No. 592, p. 705, §6; Code 1975, §13-7-235; Acts 1984, No. 84-285, p. 492, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 4 - Obscene Materials Containing Visual Reproduction of Children. › Section 13A-12-196 - Parents or Guardians Permitting Children to Engage in Production of Obscene Matter Guilty of Class a Felony.

Section 13A-12-196
Parents or guardians permitting children to engage in production of obscene matter guilty of Class A felony.
Any parent or guardian who knowingly permits or allows their child, ward, or dependent under the age of 17 years to engage in the production of any obscene matter containing a visual depiction of such child, ward, or dependent under the age of 17 years engaged in any act of sado-masochistic abuse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class A felony.
(Acts 1978, No. 592, p. 705, §7; Code 1975, §13-7-236; Acts 1984, No. 84-285, p. 492, §7; Act 2006-112, p. 166, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 4 - Obscene Materials Containing Visual Reproduction of Children. › Section 13A-12-197 - Production of Obscene Matter Containing Visual Depiction of Person Under 17 Years of Age Involved in Obscene Acts.

Section 13A-12-197
Production of obscene matter containing visual depiction of person under 17 years of age involved in obscene acts.
(a) Any person who knowingly films, prints, records, photographs or otherwise produces any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class A felony.
(b) For any person who violates this section, each depiction of each individual less than 17 years of age constitutes a separate offense.
(Acts 1978, No. 592, p. 705, §8; Code 1975, §13-7-237; Acts 1984, No. 84-285, p. 492, §8; Act 2006-112, p. 166, §§1, 2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 4 - Obscene Materials Containing Visual Reproduction of Children. › Section 13A-12-198 - Forfeiture of Equipment, Materials, Vehicles, etc., Used in Production, Transportation, Dissemination, etc., of Obscene Matter.

Section 13A-12-198
Forfeiture of equipment, materials, vehicles, etc., used in production, transportation, dissemination, etc., of obscene matter.
Any article, equipment, machine, materials, matter, vehicle or other thing whatsoever used in the commercial production, transportation, dissemination, display or storage of any obscene matter displaying or depicting a person under the age of 17 years engaged in any of the obscene acts described in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 shall be contraband and shall be forfeited to the State of Alabama. The manner, method and procedure for the forfeiture and condemnation of such thing shall be the same as that provided by law for the confiscation or condemnation or forfeiture of automobiles, conveyances or vehicles in which alcoholic beverages are illegally transported.
(Acts 1978, No. 592, p. 705, §9; Code 1975, §13-7-238.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 5 - Alabama Anti-Obscenity Enforcement Act. › Section 13A-12-200.3 - Dissemination of Obscene Material; Penalty; Disposition of Fines.

Section 13A-12-200.3
Dissemination of obscene material; penalty; disposition of fines.
It shall be unlawful for any person to knowingly procure or write advertisement for obscene material or disseminate publicly any obscene material. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) and may also be imprisoned in the county jail for not more than one year.
If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
(Acts 1989, No. 89-402, p. 791, §5; Act 98-467, p. 893, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 5 - Alabama Anti-Obscenity Enforcement Act. › Section 13A-12-200.4 - Affirmative Defenses.

Section 13A-12-200.4
Affirmative defenses.
It shall be an affirmative defense to a charge of violating Sections 13A-12-200.2 and 13A-12-200.3 that the act charged was done for a bona fide medical, scientific, educational, legislative, judicial, or law enforcement purpose.
(Acts 1989, No. 89-402, p. 791, §6.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 5 - Alabama Anti-Obscenity Enforcement Act. › Section 13A-12-200.6 - Extradition of Persons Charged With Violation of This Division.

Section 13A-12-200.6
Extradition of persons charged with violation of this division.
The Governor of this state may demand from the governor of any other state the extradition of any person found in such other state who is charged with any violation of any of the provisions of this division.
(Acts 1989, No. 89-402, p. 791, §8.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 5 - Alabama Anti-Obscenity Enforcement Act. › Section 13A-12-200.9 - Effect on Other Laws and Ordinances.

Section 13A-12-200.9
Effect on other laws and ordinances.
The provisions of this division shall not be deemed to repeal, amend, affect, or limit the Alabama Red Light Abatement Act or the provisions of the Code of Alabama pertaining to obscene materials displaying or depicting children, as contained in Sections 13A-12-190 through 13A-12-198. Nothing in this division shall be presumed to invalidate, repeal, or preempt, any city or county ordinance governing the subject matter of this division and not in conflict with the provisions of this division.
(Acts 1989, No. 89-402, p. 791, §11.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 5 - Alabama Anti-Obscenity Enforcement Act. › Section 13A-12-200.10 - Inapplicability of Criminal Provisions to Libraries and Their Agents or Employees.

Section 13A-12-200.10
Inapplicability of criminal provisions to libraries and their agents or employees.
The criminal provisions of this division shall not apply to bona fide public libraries, or public school or college or university libraries, or their employees or agents acting on behalf of the legitimate educational purposes of such public libraries, or public school or college or university libraries.
(Acts 1989, No. 89-402, p. 791, §12.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 5 - Alabama Anti-Obscenity Enforcement Act. › Section 13A-12-200.11 - Display of Genitals, etc., for Entertainment Purposes; Violation; Disposition of Fines.

Section 13A-12-200.11
Display of genitals, etc., for entertainment purposes; violation; disposition of fines.
It shall be unlawful for any business establishment or any private club to show or allow to be shown for entertainment purposes the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state. A violation of this section shall be a Class C felony.
If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
(Act 98-467, p. 893, §7.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 4 - Obscenity and Related Offenses. › Division 5 - Alabama Anti-Obscenity Enforcement Act. › Section 13A-12-200.12 - Special Operating License for Adult-Only Enterprises; Advertisement; Revocation of License.

Section 13A-12-200.12
Special operating license for adult-only enterprises; advertisement; revocation of license.
(a) Any business establishment that operates as an "adult bookstore," "adult movie house," "adult video store," or other form of adult-only entertainment enterprise shall obtain in addition to any licenses required by existing law a special operating license, except that a video rental store that does not engage predominantly in and whose principle business is not the sale or rental of adult material, if it is maintained in compliance with Section 13A-12-200.5(2) or is located in an area restricted to adults. Persons who apply for the license shall provide on the application detailed information concerning ownership and financing, and pay an investigation fee of five hundred dollars ($500) to the county or municipality wherein the business establishment will be located.
(b) If granted the license, the local government, in its discretion, may restrict the type of advertisement that the business establishment can display outside the establishment.
(c) The license shall be revoked if the business establishment is convicted of violating this division.
(Act 98-467, p. 893, §8.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 1 - Inchoate Drug Offenses. › Section 13A-12-201 - Short Title.

Section 13A-12-201
Short title.
This division shall be entitled "The Drug Predator Control Act of 1987."
(Acts 1987, No. 87-612, p. 1061, §1; Code 1975, §20-2-160; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(6).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 1 - Inchoate Drug Offenses. › Section 13A-12-202 - Criminal Solicitation to Commit Controlled Substance Crime.

Section 13A-12-202
Criminal solicitation to commit controlled substance crime.
(a) A person is guilty of criminal solicitation to commit a controlled substance crime if he engages in the conduct defined as criminal solicitation in Section 13A-4-1(a), and the crime solicited is a controlled substance crime.
(b) The principles of liability and defenses for criminal solicitation to commit a controlled substance crime are the same as those specified in Sections 13A-4-1(b) through (e), and Section 13A-4-5.
(c) Criminal solicitation to commit a controlled substance crime shall be punished the same as the controlled substance crime solicited.
(Acts 1987, No. 87-612, p. 1061, §2; Code 1975, §20-2-161; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(7).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 1 - Inchoate Drug Offenses. › Section 13A-12-203 - Attempt to Commit Controlled Substance Crime.

Section 13A-12-203
Attempt to commit controlled substance crime.
(a) A person is guilty of an attempt to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-2(a), and the crime attempted is a controlled substance crime.
(b) The principles of liability and defenses for an attempt to commit a controlled substance crime are the same as those specified in Sections 13A-4-2(b) through (c), and in Section 13A-4-5.
(c) An attempt to commit a controlled substance crime shall be punished the same as the controlled substance crime attempted.
(Acts 1987, No. 87-612, p. 1061, §3; Code 1975, §20-2-162; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(8).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 1 - Inchoate Drug Offenses. › Section 13A-12-204 - Criminal Conspiracy to Commit Controlled Substance Crime.

Section 13A-12-204
Criminal conspiracy to commit controlled substance crime.
(a) A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-3(a), and the object of the conspiracy is a controlled substance crime.
(b) The principles of liability and defenses for criminal conspiracy to commit a controlled substance crime are the same as those specified in Sections 13A-4-3(b) through (f), Section 13A-4-4, and Section 13A-4-5.
(c) A criminal conspiracy to commit a controlled substance crime shall be punished the same as the controlled substance crime that is the object of the conspiracy.
(Acts 1987, No. 87-612, p. 1061, §4; Code 1975, §20-2-163; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(9).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 1 - Inchoate Drug Offenses. › Section 13A-12-205 - Included Offenses.

Section 13A-12-205
Included offenses.
Attempt, criminal solicitation, and criminal conspiracy to commit a controlled substance crime are offenses included in any controlled substance crime that is charged, and a defendant charged with any controlled substance crime may be convicted of attempt, solicitation, or conspiracy to commit it.
(Acts 1987, No. 87-612, p. 1061, §5; Code 1975, §20-2-164; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(10).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-210 - Short Title.

Section 13A-12-210
Short title.
This division shall be entitled "The Drug Crimes Amendments Act of 1987."
(Acts 1987, No. 87-603, p. 1047, §1; 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(11).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-211 - Unlawful Distribution of Controlled Substances; Possession With Intent to Distribute a Controlled Substance.

Section 13A-12-211
Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance.
(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V.
(b) Unlawful distribution of controlled substances is a Class B felony.
(c) A person commits the crime of unlawful possession with intent to distribute a controlled substance if, except as otherwise authorized by law, he or she knowingly possesses any of the following quantities of a controlled substance:
(1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine.
(2) More than two grams, but less than four grams, of any mixture of morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin or any mixture containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25.
(3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine.
(4) More than eight grams, but less than 28 grams, of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine.
(5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof.
(6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof.
(7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component.
(d) Unlawful possession with intent to distribute a controlled substance is a Class B felony.
(Acts 1987, No. 87-603, p. 1047, §2; Act 2001-971, 3rd Sp. Sess., p. 873, §2; Act 2012-393, p. 1052, §1; Act 2018-552, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-212 - Unlawful Possession or Receipt of Controlled Substances.

Section 13A-12-212
Unlawful possession or receipt of controlled substances.
(a) A person commits the crime of unlawful possession of controlled substance if:
(1) Except as otherwise authorized, he or she possesses a controlled substance enumerated in Schedules I through V.
(2) He or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules I through V or a precursor chemical enumerated in Section 20-2-181.
(b) Unlawful possession of a controlled substance is a Class D felony.
(Acts 1987, No. 87-603, p. 1047, §3; Act 2012-237, p. 445, §2; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-213 - Unlawful Possession of Marihuana in the First Degree.

Section 13A-12-213
Unlawful possession of marihuana in the first degree.
(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized:
(1) He or she possesses marihuana for other than personal use; or
(2) He or she possesses marihuana for his or her personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his or her personal use only.
(b) Unlawful possession of marihuana in the first degree pursuant to subdivision (1) of subsection (a) is a Class C felony.
(c) Unlawful possession of marihuana in the first degree pursuant to subdivision (2) of subsection (a) is a Class D felony.
(Acts 1987, No. 87-603, p. 1047, §4; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-214 - Unlawful Possession of Marihuana in the Second Degree.

Section 13A-12-214
Unlawful possession of marihuana in the second degree.
(a) A person commits the crime of unlawful possession of marihuana in the second degree if, except as otherwise authorized, he possesses marihuana for his personal use only.
(b) Unlawful possession of marihuana in the second degree is a Class A misdemeanor.
(Acts 1987, No. 87-603, p. 1047, §5.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-214.1 - Unlawful Possession of Certain Chemical Compounds.

Section 13A-12-214.1
Unlawful possession of certain chemical compounds.
(a) The possession of salvia divinorum or salvinorum A, including all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts shall be illegal in this state.
(b) A violation of subsection (a) shall be subject to the same penalties as a violation of Sections 13A-12-213 and 13A-12-214.
(Act 2010-717, p. 1778, §1; Act 2012-267, p. 517, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-215 - Sale, Furnishing, etc., of Controlled Substances by Persons Over Age 18 to Persons Under Age 18.

Section 13A-12-215
Sale, furnishing, etc., of controlled substances by persons over age 18 to persons under age 18.
If the offender is over the age of 18 and the offense consists of selling, furnishing or giving such controlled substances as enumerated in Schedules I, II, III, IV and V to a person who has not attained the age of 18 years the offender shall be guilty of a Class A felony. The imposition or execution of sentence shall not be suspended and probation shall not be granted.
(Acts 1971, No. 1407, p. 2378, §406; Acts 1987, No. 87-603, p. 1047, §8; Code 1975, §20-2-73; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(1).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-216 - Schedules of Controlled Substances.

Section 13A-12-216
Schedules of controlled substances.
The Schedules I through V referred to in this division are the schedules contained in Sections 20-2-20 through 20-2-31, or in those schedules as revised and republished annually by the State Board of Health pursuant to Section 20-2-32.
(Acts 1987, No. 87-603, p. 1047, §10; Code 1975, §13A-12-216; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(12).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-217 - Unlawful Manufacture of Controlled Substance in the Second Degree.

Section 13A-12-217
Unlawful manufacture of controlled substance in the second degree.
(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.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-218 - Unlawful Manufacture of Controlled Substance in the First Degree.

Section 13A-12-218
Unlawful manufacture of controlled substance in the first degree.
(a) A person commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she violates Section 13A-12-217 and two or more of the following conditions occurred in conjunction with that violation:
(1) Possession of a firearm.
(2) Use of a booby trap.
(3) Illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment.
(4) A clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school.
(5) A clandestine laboratory operation actually produced any amount of a specified controlled substance.
(6) A clandestine laboratory operation was for the production of controlled substances listed in Schedule I or Schedule II.
(7) A person under the age of 17 was present during the manufacturing process.
(b) Unlawful manufacture of a controlled substance in the first degree is a Class A felony.
(Act 2001-971, 3rd Sp. Sess., p. 873, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 2 - Drug Possession and Sale Offenses. › Section 13A-12-219 - Unlawful Possession of Anhydrous Ammonia.

Section 13A-12-219
Unlawful possession of anhydrous ammonia.
(a) A person commits the crime of unlawful possession of anhydrous ammonia if he or she purchases, possesses, transfers, or distributes any amount of anhydrous ammonia, knowing, or under circumstances where one reasonably should know, that the anhydrous ammonia will be used to unlawfully manufacture a controlled substance.
(b) Unlawful possession of anhydrous ammonia is a Class B felony.
(Act 2001-971, 3rd Sp. Sess., p. 873, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 3 - Drug Trafficking Offenses. › Section 13A-12-232 - Sentence Not to Be Suspended, Deferred, etc., Prior to Mandatory Minimum Term; Reduction, Suspension, etc., of Sentence for Assistance in Arrest, Conviction, etc., of Accessories, Principals, Etc.

Section 13A-12-232
Sentence not to be suspended, deferred, etc., prior to mandatory minimum term; reduction, suspension, etc., of sentence for assistance in arrest, conviction, etc., of accessories, principals, etc.
(a) Notwithstanding the provisions of Chapter 22, Title 15, or any other provision of law, with respect to any person who is found to have violated Section 13A-12-231, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for any type of parole, probation, work release, supervised intensive restitution program, release because of deduction from sentence for good behavior under corrections incentive time act or any other program, furlough, pass, leave, or any other type of early, conditional, or temporary release program, nor shall such person be permitted to leave the penitentiary for any reason whatsoever except for necessary court appearances and for necessary medical treatment, prior to serving the mandatory minimum term of imprisonment prescribed in this article or 15 years, whichever is less. Nothing contained in this section shall be construed in any way to render any inmate eligible for parole, probation, suspended sentence, furlough, pass, leave, or any type or early, conditional, or temporary release program of any type to which the inmate is not otherwise eligible under other provision of law. Nor shall anything in this section be construed to render any person sentenced to life imprisonment without parole under this or any other act eligible for parole, probation, suspended sentence, furlough, pass, leave, or any type of early, conditional, or temporary release program at any time.
(b) The prosecuting attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of Section 13A-12-231, except where the sentence is life imprisonment without parole, and who provides substantial assistance in the arrest, or in the conviction of any of his accomplices, accessories, coconspirators, or principals. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if he finds that the defendant rendered such substantial assistance. Under no circumstances may the judge reduce or suspend the sentence except upon motion of the prosecuting attorney.
(Acts 1980, No. 80-587, p. 926; Acts 1986, No. 86-534, p. 1035, §2; Acts 1987, No. 87-708, p. 1246, §3; Code 1975, §20-2-81; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2(5).)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 3 - Drug Trafficking Offenses. › Section 13A-12-233 - Drug Trafficking Enterprise Defined; Punishment.

Section 13A-12-233
Drug trafficking enterprise defined; punishment.
(a) This section shall be known as the "Alabama Drug Trafficking Enterprise Act." For purposes of this section, a person is engaged in a criminal enterprise for the purpose of trafficking in illegal drugs if that person violates any provision of Section 13A-12-231, and such violation is:
(1) Undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(2) From which such person obtains substantial income or resources.
(b) For purposes of this section, "substantial income" means any amount exceeding the established minimum wage, as established by law.
(c) Any person who engages in a criminal enterprise for the purpose of trafficking in illegal drugs shall be punished as follows:
(1) Upon the first conviction of violation of this section, he shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years or for any mandatory term of calendar years up to and including life without parole and to a fine of not less than $50,000.00 nor more than $500,000.00.
(2) Upon the second conviction of violation of this section, he must be sentenced to a mandatory term of imprisonment for life without parole and to a fine of not less than $150,000.00 nor more than $1,000,000.00.
(3) In no event shall the term of imprisonment or the amount of fine imposed under this section be less than the corresponding term of imprisonment or fine authorized in Section 13A-12-231, for the underlying violation of that section, including application of the Habitual Felony Offender Act, as determined by the type and amount of the particular illegal drug involved.
(d) The courts of Alabama shall have jurisdiction to enter such restraining orders or prohibitions, or to take such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to forfeiture under Section 20-2-93 as they shall deem proper.
(Acts 1990, No. 90-471, p. 687.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 4 - Sale on or Near School Campus. › Section 13A-12-250 - Additional Penalty if Unlawful Sale on or Near School Campus.

Section 13A-12-250
Additional penalty if unlawful sale on or near school campus.
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 on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in this state.
(Acts 1987, No. 87-610, p. 1060; Code 1975, §20-2-79; Acts 1988, 1st Ex. Sess., No. 88-918, p. 512, §2; Acts 1989, No. 89-950, p. 1872.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 6 - Sale at or Near Public Housing Project. › Section 13A-12-270 - Additional Penalty for Unlawful Sale Within Three-Mile Radius of Public Housing Project.

Section 13A-12-270
Additional penalty for unlawful sale within three-mile radius of public housing project.
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.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 7 - Demand Reduction Assessment Act. › Section 13A-12-280 - Short Title.

Section 13A-12-280
Short title.
This division shall be known and may be cited as the Demand Reduction Assessment Act.
(Acts 1990, No. 90-655, p. 1271, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 7 - Demand Reduction Assessment Act. › Section 13A-12-281 - Additional Penalties Prescribed.

Section 13A-12-281
Additional penalties prescribed.
(a) In addition to any disposition and fine authorized by Sections 13A-12-202, 13A-12-203, 13A-12-204, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-215, or 13A-12-231, or any other statute indicating the dispositions that can be ordered for such a conviction, every person convicted of a violation of any offense defined in the sections set forth above, shall be assessed for each offense an additional penalty fixed at one thousand dollars ($1,000) for a first offense and two thousand dollars ($2,000) for a second or subsequent offense.
(b) All penalties provided for in this division shall be in addition to and not in lieu of any fine authorized by law or required to be imposed pursuant to the provisions of the controlled substance statutes set forth in subsection (a) of this section, and nothing in this division shall be deemed to affect or suspend any other criminal sanctions imposed pursuant to these controlled substance statutes.
(Acts 1990, No. 90-655, p. 1271, §2; Act 2006-560, p. 1297, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 7 - Demand Reduction Assessment Act. › Section 13A-12-282 - Collection of Penalties.

Section 13A-12-282
Collection of penalties.
All penalties provided for in this division shall be collected as provided for collection of fines and restitution in [Rule 26.11, Alabama Rules of Criminal Procedure].
(Acts 1990, No. 90-655, p. 1271, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 7 - Demand Reduction Assessment Act. › Section 13A-12-283 - Deposit of Penalties in Drug Demand Reduction Fund; Use of Fund.

Section 13A-12-283
Deposit of penalties in Drug Demand Reduction Fund; use of fund.
All moneys collected pursuant to this division shall be forwarded to the Department of Corrections to be deposited in a revolving fund to be known as the "Drug Demand Reduction Fund." The moneys in the fund shall be expended by the Department of Corrections for drug education, prevention and treatment purposes.
(Acts 1990, No 90-655, p. 1271, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 7 - Demand Reduction Assessment Act. › Section 13A-12-284 - Suspension and Reduction of Penalty Conditioned on Participation in Drug Rehabilitation Program; Amount of Reduction.

Section 13A-12-284
Suspension and reduction of penalty conditioned on participation in drug rehabilitation program; amount of reduction.
(a) The court may suspend the collection of a penalty imposed pursuant to this division if the defendant agrees to enter a drug rehabilitation program approved by the court and if the defendant agrees to pay for all or some portion of the costs associated with the rehabilitation program. The collection of a penalty imposed pursuant to this division shall be suspended during the defendant's participation in the approved rehabilitation program.
(b) Upon successful completion of the rehabilitation program, the defendant may apply to the court to reduce the penalty imposed pursuant to this division by any amount actually paid by the defendant for his participation in said program. The court shall not reduce the penalty pursuant to this section unless the defendant establishes to the satisfaction of the court that he has successfully completed the rehabilitation program.
(c) If the defendant's participation is for any reason terminated before his successful completion of the rehabilitation program, collection of the entire penalty imposed pursuant to this division shall be enforced.
(Acts 1990, No. 90-655, p. 1271, §5.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 8 - Suspension of Driver's License for Certain Drug Related Violations. › Section 13A-12-290 - License Suspended for Six Months; Crediting of Time.

Section 13A-12-290
License suspended for six months; crediting of time.
In addition to any other penalty provided by law, the Alabama State Law Enforcement Agency shall suspend for a period of six months the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on, the crimes specified in Section 13A-12-291. If, at the time of conviction, adjudication, or finding of delinquency, the individual did not have a driver's license or the driver's license had been suspended or revoked, there shall be a delay in the issuance or reinstatement of the driver's license for six months after the individual applies for issuance or reinstatement. If the individual is ordered by a court to enter as a resident of an in-patient drug or alcohol rehabilitation facility, the suspension required by this section shall be effective immediately. If the individual voluntarily enters an in-patient drug or alcohol rehabilitation facility as a resident and the court approves the treatment either before or after treatment, the time in the treatment program shall be credited against any period of suspension required by this section. If ordered by a court to enter a facility, the individual shall surrender his or her driver's license to the court and the court shall destroy the license. The individual shall receive credit for the time actually spent in a facility if he or she is released by the facility because the treatment is complete or the facility certifies that completion is not necessary. The Alabama State Law Enforcement Agency shall be notified by the court within 10 days by mail, fax, or electronic means of the status of the individual's license.
(Acts 1993, No. 93-352, §1; Act 2009-658, p. 2026, §1.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 8 - Suspension of Driver's License for Certain Drug Related Violations. › Section 13A-12-291 - Specific Crimes Warranting Suspension of Driver's License.

Section 13A-12-291
Specific crimes warranting suspension of driver's license.
(a) A driver's license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes:
(1) Criminal solicitation to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(2) Attempt to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(3) Criminal conspiracy to commit the crime of trafficking in specified substances under Section 13A-12-231.
(4) Trafficking in specified substances under Section 13A-12-231.
(5) Unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(b) The suspension of a driver's license for driving under the influence of a controlled substance or under the combined influence of a controlled substance and alcohol pursuant to Section 32-5A-191 shall be governed by that section.
(Acts 1993, No. 93-352, §2; Act 2015-185, §2.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 8 - Suspension of Driver's License for Certain Drug Related Violations. › Section 13A-12-292 - Procedure.

Section 13A-12-292
Procedure.
Upon conviction or adjudication of, or finding of delinquency based on, any of the offenses enumerated in Section 13A-12-291, the court shall take the defendant's driver's license and immediately forward it to the Alabama State Law Enforcement Agency. Drivers' licenses from other states shall also be subject to suspension. The Alabama State Law Enforcement Agency shall coordinate with other states when out-of-state licenses are involved.
(Acts 1993, No. 93-352, §3.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 8 - Suspension of Driver's License for Certain Drug Related Violations. › Section 13A-12-293 - Federal Crimes and Crimes of Other States Given Same Effect.

Section 13A-12-293
Federal crimes and crimes of other states given same effect.
For purposes of this division, if the conduct or acts punishable by reference in Section 13A-12-291 also constitute violations of a federal law or the law of another state, then conviction or adjudication under federal law, or conviction or adjudication, or a finding of delinquency based on the law of another state for the same acts or conduct shall be given effect as if rendered in the courts of this state.
(Acts 1993, No. 93-352, §4.)
2023 Code of Alabama › Title 13A - Criminal Code. › Chapter 12 - Offenses Against Public Health and Morals. › Article 5 - Drug Offenses. › Division 8 - Suspension of Driver's License for Certain Drug Related Violations. › Section 13A-12-294 - Collection of Fee.

Section 13A-12-294
Collection of fee.
The Director of the Alabama State Law Enforcement Agency shall establish and collect a nonrefundable fee in the amount of twenty-five dollars ($25) for costs incurred by the department in the administration of this division. The fee shall be in addition to the fees established under Section 32-6-17. The additional fee shall be collected upon application for reinstatement and the proceeds shall be deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Alabama State Law Enforcement Agency. All money deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Alabama State Law Enforcement Agency shall be expended by the Alabama State Law Enforcement Agency for law enforcement purposes. No money shall be withdrawn or expended from the fund for any purpose unless the money has been allotted and budgeted in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill or other appropriation bills.
(Acts 1993, No. 93-352, §5; Act 2000-800, p. 1901, §1.)