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20-2-23
Section 20-2-23 Schedule I - Listing of controlled substances. (a) The Legislature finds the
following: (1) New synthetic substances are being created which are not controlled under the
provisions of existing state law but which have a potential for abuse similar to or greater
than that for substances controlled under existing state law. These new synthetic substances
are called "synthetic controlled substances or synthetic controlled substance analogues"
and can be designed to produce a desired pharmacological effect and to evade the controlling
statutory provisions. Synthetic controlled substances or synthetic controlled substance analogues
are being manufactured, distributed, possessed, and used as substitutes for controlled substances.
(2) The hazards attributable to the traffic in and use of a synthetic controlled substance
or synthetic controlled substance analogues are increased because their unregulated manufacture
produces variations in purity and concentration. (3) Many new...
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13A-12-219
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, ยง1.)...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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32-6-49.3
Section 32-6-49.3 Definitions. Notwithstanding any other provision of this article, the following
definitions shall be applicable unless the context clearly indicates otherwise: (1) ALCOHOL.
a. Beer, ale, port, or stout and other similar fermented beverages (including sake or similar
products), of any name or description containing one-half of one percentum or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
b. Wine of not less than one-half of the percentum of alcohol by volume; or c. Any substance
containing any form of alcohol, including, but not limited to, ethanol, methanol, propanol,
and isopropanol. (2) ALCOHOL CONCENTRATION. a. The number of grams of alcohol per 100 milliliters
of blood; or b. The number of grams of alcohol per 210 liters of breath; or c. The number
of grams of alcohol per 67 milliliters of urine. (3) COMMERCIAL DRIVER LICENSE. (CDL) means
a license issued in accordance with the requirements of this...
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13A-1-2
Section 13A-1-2 Definitions. Unless different meanings are expressly specified in subsequent
provisions of this title, the following terms shall have the following meanings: (1) BOOBY
TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by
any action of a person making contact with the device. This term includes guns, ammunition,
or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes,
nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the
production of toxic fumes or gases. (2) BURDEN OF INJECTING THE ISSUE. The term means that
the defendant must offer some competent evidence relating to all matters subject to the burden,
except that the defendant may rely upon evidence presented by the prosecution in meeting the
burden. (3) CLANDESTINE LABORATORY OPERATION. Any of the following: a. Purchase or procurement
of chemicals, supplies, equipment, or laboratory location for the...
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13A-11-9
Section 13A-11-9 Loitering. (a) A person commits the crime of loitering if he or she does any
of the following: (1) Loiters, remains, or wanders about in a public place for the purpose
of begging. (2) Loiters or remains in a public place for the purpose of gambling. (3) Loiters
or remains in a public place for the purpose of engaging or soliciting another person to engage
in prostitution or sodomy. (4) Being masked, loiters, remains, or congregates in a public
place. (5) Loiters or remains in or about a school, college, or university building or grounds
after having been told to leave by any authorized official of the school, college, or university,
not having any reason or relationship involving custody of or responsibility for a pupil or
any other specific, legitimate reason for being there, and not having written permission from
a school, college or university administrator. (6) Loiters or remains in any transportation
facility, unless specifically authorized to do so, for the...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed
drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo
a screening under any of the following conditions: (1) The results of a drug test are positive.
(2) The drug offender requests a screening. (3) The drug offender admits to substance use
or abuse within the year preceding the arrest for the present charge. (4) The present charge
involves a violation of the controlled substances or impaired driving statutes. (5) The drug
offender, within the previous five years, has been convicted in any state or federal court
involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender
refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements
of subsection (a), the court shall order a drug offender...
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13A-6-151
Section 13A-6-151 Definitions. As used in this article, the following terms shall have the
following, or any combination of the following, meanings ascribed to them by this section:
(1) COERCION. Any of the following: a. Causing or threatening to cause physical injury or
mental suffering to any person, physically restraining or confining any person, or threatening
to physically restrain or confine any person or otherwise causing the person performing or
providing labor or services to believe that the person or another person will suffer physical
injury or mental suffering. b. Implementing any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act would result in physical injury, mental
suffering, or physical restraint of any person. c. Destroying, concealing, removing, confiscating,
or withholding from the person or another person, or threatening to destroy, conceal, remove,
confiscate, or withhold from the person or another person, the person's...
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15-18-171
Section 15-18-171 Definitions. As used in this article, the following terms shall have the
following meanings, respectively, unless the context otherwise requires: (1) APPLICATION PROCESS
AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for
the establishment of community punishment and corrections programs, the granting of funds
for programs authorized herein, and the monitoring, evaluation, and review of programs funded
herein. (2) BOARD. The board of directors of the authority or the board of directors of a
nonprofit entity. (3) COMMISSIONER. The Commissioner of the Department of Corrections. (4)
COMMUNITY. The county or counties comprising one or more judicial circuits. (5) COMMUNITY
PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions
of this article. (6) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as
an alternative to incarceration and maintained by a county commission or an...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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