Senate Judiciary Hearing
Room 325 at 08:30:00
Under existing law, unlawful distribution of a controlled substance is a nonviolent offense and is subject to the presumptive sentencing guidelines.
Under existing law, unlawful distribution of a controlled substance includes selling, furnishing, giving away, delivering, or otherwise distributing a controlled substance in an unauthorized manner.
This bill would differentiate between: (i) the unlawful selling of a controlled substance (ii) the unlawful furnishing, giving away, or delivering of a controlled substance.
This bill would establish that the unlawful sale of a controlled substance is a violent offense and therefore not subject to the presumptive sentencing guidelines.
Under existing law, unlawful distribution of a controlled substance includes the distribution of any controlled substance enumerated in Schedules I through V.
This bill would exclude marijuana from the unlawful distribution of a controlled substance statute.
This bill would create the crime of unlawful distribution of marijuana and would provide for SB176 INTRODUCED penalties for a violation.
Under existing law, if a person is convicted of unlawful distribution of a controlled substance that occurred on or near a school campus or within a three-mile radius of a public housing project, the sentencing judge shall impose an additional penalty of five years to be run consecutive with the sentence for the underlying conviction.
This bill would provide that a judge may impose an additional five-year penalty if the distribution of the controlled substance occurred on or near a school campus or within a three-mile radius of a public housing project.
This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.
Pending Senate Judiciary
Read for the first time and referred to the Senate Committee on Judiciary
Room 325 at 08:30:00
Source: Alabama Legislature