40-17A-1
Section 40-17A-1 Definitions. As used in this chapter, the following words shall have the meanings
herein ascribed, except where the context directly requires otherwise: (1) COMMISSIONER. The
Commissioner of Revenue. (2) CONTROLLED SUBSTANCE. Any drug or substance, whether real or
counterfeit, as defined in the Alabama Uniform Controlled Substances Act, that is held, possessed,
transported, transferred, sold, or offered to be sold in violation of Alabama laws. "Controlled
substance," as used in this chapter, does not include marihuana. (3) DEALER. A person
who in violation of Alabama law manufactures, produces, ships, sells, uses, distributes, transports,
or imports into Alabama or in any manner acquires or possesses more than 42 1/2 grams of marihuana,
or seven or more grams of any controlled substance, or 10 or more dosage units of any controlled
substance which is not sold by weight, or dosage units, shall include the weight or dosage
units of the substance whether pure, impure, or...
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13A-10-190
Section 13A-10-190 Definitions. As used in this article, Section 13A-11-11, and Section 36-19-2.1,
the following words shall have the following meanings: (1) BACTERIOLOGICAL WEAPON or BIOLOGICAL
WEAPON. A device which is designed in a manner to permit the intentional release onto any
person, into the population or environment of microbial, or other biological agents or toxins
or viral agents whatever their origin or method of production in a manner not otherwise authorized
by law or any device the development, production, or stockpiling of which is prohibited pursuant
to the "Convention on the Prohibition of the Development, Production, and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and Their Destruction," 26 U.S.T. 583,
TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited
to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof.
(2) CONVICTION. An adjudication of guilt of or a plea of...
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40-17A-8
Section 40-17A-8 Rates. A tax is imposed on marihuana and controlled substances as defined
in Section 40-17A-1 at the following rates: (1) On each gram of marihuana, or each portion
of a gram, $3.50; and (2) On each gram of controlled substance, or portion of a gram, $200;
or (3) On each 50 dosage units of a controlled substance that is not sold by weight, or portion
thereof, $2,000. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §8.)...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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20-2-93
Section 20-2-93 Forfeitures; seizures. (a) The following are subject to forfeiture: (1) All
controlled substances which have been grown, manufactured, distributed, dispensed, or acquired
in violation of any law of this state; (2) All raw materials, products, and equipment of any
kind which are used or intended for use in manufacturing, cultivating, growing, compounding,
processing, delivering, importing, or exporting any controlled substance in violation of any
law of this state; (3) All property which is used or intended for use as a container for property
described in subdivision (1) or (2) of this subsection; (4) All moneys, negotiable instruments,
securities, or other things of value furnished or intended to be furnished by any person in
exchange for a controlled substance in violation of any law of this state; all proceeds traceable
to such an exchange; and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of any law of this...
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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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6-12-2
Section 6-12-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADJUSTED FOR INFLATION. Increased in accordance with the formula for inflation
adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) AFFILIATE. A person
who directly or indirectly owns or controls, is owned or controlled by, or is under common
ownership or control with, another person. Solely for purposes of this definition, the terms
"owns," "is owned," and "ownership" mean ownership of an equity
interest, or the equivalent thereof, of ten percent or more, and the term "person"
means an individual, partnership, committee, association, corporation, or any other organization
or group of persons. (3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master
Settlement Agreement. (4) CIGARETTE. Any product that contains nicotine, is intended to be
burned or heated under ordinary conditions of use, and consists of or contains (i) any roll
of...
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24-8-7
Section 24-8-7 Exemptions. (a) Except for subdivision (3) of Section 24-8-4, Sections 24-8-4
and 24-8-6 do not apply to rooms or units in dwellings containing living quarters occupied
or intended to be occupied by no more than four families living independently of each other,
if the owner actually maintains and occupies one of the living quarters as his or her residence.
(b) Sections 24-8-4 and 24-8-6 do not apply to any single-family house sold or rented by an
owner when: (1) The private individual owner does not own more than three single-family houses
at any one time; and (2) In the sale of any single-family house by a private individual owner
not residing in the house at the time of the sale or who was not the most recent resident
of the house before the sale, the exemption granted by this subsection shall apply only with
respect to one sale within a 24-month period; and (3) A bona fide private individual owner
does not own an interest in, nor is there owned or reserved on the...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any
circuit or district court judge in this state is authorized to issue a warrant to install
a tracking device. The term tracking device means an electronic or mechanical device which
permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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