Alabama Cannabis Law

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A Guide to Alabama Cannabis Laws

For the latest information visit Alabama’s Medical Cannabis Commission’s website https://amcc.alabama.gov/

Alabama has a Medical Program only

  • Almost all forms of marijuana possession, sale, or trafficking in Alabama are illegal aside from medical use for registered patients. Medical use was legalized in May 2021. The only legal form of marijuana in Alabama is CBD or cannabidiol, which is a compound in cannabis that has medical effects without the THC to get you high.
  • Non-medical, recreational, adult use of cannabis is currently illegal in Alabama. Penalties for possession can still be harsh. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver’s license suspension. There were attempts to legalize adult-use cannabis for those aged 21 or over in 2019, but this proved unsuccessful.

Qualifying Conditions

  • Autism Spectrum Disorder (ASD)
  • Cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain
  • Crohn’s Disease
  • Depression
  • Epilepsy or a condition causing seizures
  • HIV/AIDS-related nausea or weight loss
  • Panic disorder
  • Parkinson’s disease
  • Persistent nausea that is not significantly responsive to traditional treatment, except for nausea related to pregnancy, cannabis-induced cyclical vomiting syndrome, or cannabinoid hyperemesis syndrome
  • Post Traumatic Stress Disorder (PTSD)
  • Sickle Cell Anemia
  • Spasticity associated with a motor neuron disease, including Amyotrophic Lateral Sclerosis
  • Spasticity associated with Multiple Sclerosis or a spinal cord injury
  • Terminal illness
  • Tourette’s Syndrome
  • A condition causing chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or has proved ineffective
  • State law further requires recommending physicians to cite documentation indicating that “conventional medical treatment or therapy has failed” prior to issuing a medical cannabis recommendation.

Patient Possession Limits

  • Registered patients are permitted to possess a maximum of “70 daily dosages” of medical cannabis at one time. Doses of authorized cannabis products are capped at a maximum of 50 milligrams for the first 90 days. Patients are not permitted access to cannabis flower material or cannabis-infused edible products. Rather, medical cannabis formulations must be in the form of: “tablets, capsules, tinctures, or gel cubes for oral use; gels, oils or creams for topical use, or suppositories, transdermal patches, nebulizers, or liquids or oils for use in an inhaler.” Patients age 18 or younger are limited to low-THC cannabis products.
  • Possession: There are two degrees or levels of unlawful possession of marijuana in Alabama. First degree is possessing marijuana for something other than personal use (Class C felony) or for personal use after a previous conviction of unlawful possession of marijuana (Class D felony). These can get you between 1 and 10 years in prison and up to a $15,000 fine.
  • Possession of pot for personal use is only a Class A misdemeanor (the highest misdemeanor in Alabama). This is possession in the second degree. A Class A misdemeanor can be sentenced to not more than a year in jail and up to a $6,000 fine.

Sale

  • Selling, delivering, or distributing marijuana and other drugs or controlled substances is illegal. The unlawful distribution of marijuana is a Class B felony subject to 2-10 years in prison and up to a $30,000 fine. Because Alabama wants to protect its children from drug sales, if you’re an adult over 18 and you sell marijuana to a child under 18, the penalty is increased to a Class A felony. Class A felonies are subject to 10-99 years or life imprisonment and up to a $60,000 fine. On top of that, selling marijuana within 3 miles of a public or private school or university can receive an additional penalty of 5 years in prison, during which you can’t receive probation.

Trafficking

  • Trafficking in cannabis or selling, cultivating, or transporting any marijuana, hash, seeds, synthetic tetrahydrocannabinols (THC), etc. is illegal in Alabama. It’s a Class A felony, but the mandatory minimum sentences are based on the amount of marijuana trafficked:
  • For 1 kilo to 100 lbs. the minimum is 3 years and there’s a mandatory $25,000 fine
  • For 100-500 lbs. the minimum is 5 years and a $50,000 fine
  • For 500-1000 lbs. the minimum is 15 years and a $200,000 fine
  • For over 1000 lbs. the penalty is life imprisonment without the possibility of parole
  • In addition, under the Alabama Drug Trafficking Enterprise Act a person who manages at least 5 people and gets a substantial income from the marijuana trade faces higher fines and longer minimum sentences. For a first conviction, the mandatory minimum is 25 years in prison with a fine between $50,000 and $500,000. For a second conviction, the leader is facing life in prison without parole and a $150,000 to $1,000,000 fine. The sentences under this law cannot be less than what the defendant faces under the trafficking and habitual offender laws alone.

How do I get certified for medical cannabis in Alabama?

  • Visit a physician in Alabama to enquire about getting certified.

Is telemedicine allowed for medical cannabis consultations in Alabama?

  • At this time, telemedicine is not permitted in Alabama.

How much cannabis can I possess in Alabama with an MMJ Card?

  • Doctors can prescribe the drug for up to 12 months at a time. In most cases, the daily dosage can’t exceed 50 milligrams of THC, or 75 mg per day if the doctor considers it medically appropriate.
  • Products are available in the following forms:
    • Oral tablet, capsule or tincture
    • Non-sugar coated gelatinous cube, cuboid or lozenge
    • Gel, oil, cream or other topical preparation
    • Transdermal patch
    • Nebulizer
    • Liquid or oil only for an inhaler
    • Suppository

Is it legal to grow cannabis in Alabama?

  • Cultivating cannabis is illegal in Alabama, even for medical marijuana patients.

Does Alabama accept out-of-state cards?

  • Alabama does not have medical marijuana reciprocity, and so does not recognize out-of-state medical marijuana cards.

Will my Alabama card be accepted in other states?

  • Yes, an Alabama medical marijuana card is recognized by other states with medicinal cannabis reciprocity.
  • The following states accept or recognize out-of-state medical marijuana cards:
    • Arizona
    • Maine
    • Massachusetts
    • Michigan
    • Montana
    • Nevada
    • New Hampshire
    • New Jersey
    • New Mexico
    • Oklahoma
    • Puerto Rico
    • Rhode Island
    • US Virgin Islands
    • Utah
    • Washington, D.C.
  • However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing medical marijuana.
  • The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also beholden to the visiting state’s medical marijuana laws, not the state that issued your card.
  • The following states accept out-of-state applications, allowing a visiting patient application to use medical cannabis for the duration of their stay:
    • Arkansas
    • California
    • Hawaii
    • West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis card holders in Alabama?

  • Employers are allowed to create a drug-testing policy against medical marijuana or require employees to notify them if they start legally using the drug. Employers in Alabama are not required to accommodate medical marijuana patients.

What are the medical cannabis product testing requirements in Alabama?

  • There is no provision for testing.

Where is it safe to purchase cannabis in Alabama?

  • In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy, or another legally designated space to purchase cannabis. Only those with a legal license to sell cannabis can actually do so.

Where is it safe to consume marijuana in Alabama?

  • All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals or any other such healthcare space is also illegal. Private members club and landowners may also prohibit cannabis use on their property or restrict it at their discretion.
  • The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.

What are the medical marijuana laws in Alabama? Medical cannabis:

  • 2014: Governor Robert Bentley signs Carly’s Law, which permits the University of Alabama at Birmingham to provide non-psychoactive CBD oil to children with debilitating seizures as a clinical study. THC limits could not exceed 3%.
  • 2016: Governor Bentley signs Leni’s Law, expanding the affirmative defense to include any individual who has a debilitating disease or condition involving seizures. THC content was not allowed to exceed 3%.
  • 2021: Governor Key Ivey signs into law Senate Bill 46, the Darren Wesley ‘Ato’ Hall Compassion Act.
  • Recreational cannabis:
  • Non-medical, recreational, adult use of cannabis is currently illegal in Alabama. Penalties for possession can still be harsh. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver’s license suspension. There were attempts to legalize adult-use cannabis for those aged 21 or over in 2019, but this proved unsuccessful.

Description of the Law

  • Patients must show registry ID cards. Dispensaries are allowed for specific conditions but not for patients of other states
  • What’s Allowed:
  • Possession: 70 daily doses of medical cannabis under 75 mg THC.
  • Cultivators: Up to 12 cultivator licenses are allowed in the state.
  • Caregivers: The amount must not exceed the 60-day daily dosage purchasing limit.

Alabama Code Sections:

13A-12-211: Unlawful Distribution of Controlled Substances

  1. 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.
  2. Unlawful distribution of controlled substances is a Class B felony.
  3. 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.
  • 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
    • More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine.
    • 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.
    • 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.
    • 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.
    • More than one-half gram, but less than one gram, of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component.
  • Unlawful possession with intent to distribute a controlled substance is a Class B felony.

13A-12-213: Unlawful Possession of Marihuana in the First Degree

  1. 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
    1. 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.
  2. Unlawful possession of marihuana in the first degree pursuant to subdivision (1) of subsection (a) is a Class C felony.
  3. Unlawful possession of marihuana in the first degree pursuant to subdivision (2) of subsection (a) is a Class D felony.

13A-12-214: Unlawful Possession of Marihuana in the Second Degree

  1. 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.
  2. Unlawful possession of marihuana in the second degree is a Class A misdemeanor.

13A-12-231: Trafficking in Cannabis, Mandatory Minimum Terms of Imprisonment

Except as authorized in Chapter 2, Title 20:

  1. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 pounds of any part of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including the completely defoliated mature stalks of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination is guilty of a felony, which felony shall be known as “trafficking in cannabis.” Nothing in this subdivision shall apply to samples of tetrahydrocannabinols including, but not limited to, all synthetic or naturally produced samples of tetrahydrocannabinols which contain more than 15 percent by weight of tetrahydrocannabinols and which do not contain plant material exhibiting the external morphological features of the plant cannabis. If the quantity of cannabis involved:
  2. Is in excess of one kilo or 2.2 pounds, but less than 100 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of twenty-five thousand dollars ($25,000).
    1. Is 100 pounds or more, but less than 500 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of fifty thousand dollars ($50,000).
    1. Is 500 pounds or more, but less than 1,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred thousand dollars ($200,000).
    1. Is 1,000 pounds or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  3. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, described in Section 20-2-25(1) , is guilty of a felony, which felony shall be known as “trafficking in cocaine.” If the quantity involved:
    1. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    1. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    1. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
    1. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  4. Any person, except as otherwise authorized by law, who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 20-2-23(b)(2) or Section 20-2-25(1) a., or four grams or more of any mixture containing any such substance, or any mixture containing Fentanyl or any synthetic controlled substance Fentanyl analogue, as described in Sections 20-2-23 and 20-2-25 , is guilty of a felony, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved:
    1. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    1. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    1. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).
    1. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  5. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 1,000 or more pills or capsules of methaqualone, as described in Section 20-2-1, et seq. , is guilty of a felony, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved:
  6. Is 1,000 pills or capsules, but less than 5,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and pay a fine of fifty thousand dollars ($50,000).
    • Is 5,000 capsules or more, but less than 25,000 capsules, that person shall be imprisoned to a mandatory minimum term of imprisonment of 10 calendar years and pay a fine of one hundred thousand dollars ($100,000).
    • Is 25,000 pills or more, but less than 100,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of five hundred thousand dollars ($500,000).
    • Is 100,000 capsules or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  7. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 500 or more pills or capsules of hydromorphone as is described in Section 20-2-1, et seq. , is guilty of a felony which shall be known as “trafficking in illegal drugs.” If the quantity involved:
    • Is 500 pills or capsules or more but less than 1,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    • Is 1,000 pills or capsules or more, but less than 4,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    • Is 4,000 pills or capsules or more but less than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 25 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    • Is more than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of life.
  8. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine, is guilty of a felony, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved:
    • Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    • Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    • Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
    • Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  9. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 5-methoxy-3, 4- methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine is guilty of a felony, which felony shall be known as “trafficking in illegal drugs” if the quantity involved:
    1. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
  10. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    • Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
    • Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  11. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of phencyclidine, or any mixture containing phencyclidine, is guilty of a felony, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved:
    • Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    • Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    • Is 28 grams or more, but less than 56 grams, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
    • Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  12. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of lysergic acid diethylamide, of four grams or more of any mixture containing lysergic acid diethylamide, is guilty of a felony, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved:
    • Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    • Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    • Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).
    • Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  13. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof, is guilty of a felony, which felony shall be known as “trafficking in amphetamine.” If the quantity involved:
    • Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    • Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
  14. Is one kilo but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
    • Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  15. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof, is guilty of a felony, which felony shall be known as “trafficking in methamphetamine.” If the quantity involved:
    • Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    • Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    • Is one kilo but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
    • Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  16. Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 56 or more grams of a synthetic controlled substance or a synthetic controlled substance analogue, as described in subdivision (4) or (5) of subsection (a) of Section 20-2-23 , except for any synthetic controlled substance Fentanyl analogue referenced in subdivision (13), is guilty of a felony, which felony shall be known as “trafficking in synthetic controlled substances.” If the quantity involved:
    • a. Is 56 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
    • b. Is 500 grams or more, but less than 1 kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
    • c. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
    • d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life.
  17. Any person, unless otherwise authorized by law, who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, one gram or more of Fentanyl or any synthetic controlled substance Fentanyl analogue, as a single component as described in Sections 20-2-23 and 20-2-25 , is guilty of a felony, which felony shall be known as “trafficking in illegal drugs.” If the quantity involved:
    • a.  Is one gram or more, but less than two grams, the person shall be ordered to pay a minimum fine of fifty thousand dollars ($50,000).
    • b. Is two grams or more, but less than four grams, the person shall be ordered to pay a minimum fine of one hundred thousand dollars ($100,000).
    • c. Is four grams or more, but less than eight grams, the person shall be ordered to pay a minimum fine of five hundred thousand dollars ($500,000).
    • d. Is eight grams or more, the person shall be ordered to pay a minimum fine of seven hundred fifty thousand dollars ($750,000).
  18. In lieu of the weight ranges listed in subdivision (12), a person may instead be charged with trafficking any substance listed in subdivisions (3) and (12) if that person possesses 50 or more individual packages of that substance. The person shall only be sentenced according to the sentence range provision listed in paragraph a. of each subdivision for the specific substance contained in the 50 or more individual packages if charged pursuant to this subdivision, subdivision (15), or subdivision (16), if applicable. In order to charge a person pursuant to this subdivision, the same

    substance must be contained in each of the 50 or more individual packages.
  19. The felonies of “trafficking in cannabis,” “trafficking in cocaine,” “trafficking in illegal drugs,” “trafficking in amphetamine,” “trafficking in methamphetamine,” and “trafficking in synthetic controlled substances” as defined in subdivisions (1) through (14), above, shall be treated as Class A felonies for purposes of this title, including sentencing under Section 13A-5-9 . Provided, however, that the sentence of imprisonment for a defendant with one or more prior felony convictions who violates subdivisions (1) through (14) of this section shall be the sentence provided therein, or the sentence provided under Section 13A-5-9 , whichever is greater. Provided further, that the fine for a defendant with one or more prior felony convictions who violates subdivisions (1) through (14) of this section shall be the fine provided therein, or the fine provided under Section 13A-5-9 , whichever is greater.


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