Legal Ease by Shane Givens
June 8, 2011

Charged as a drug dealer?

Share |

I have had several clients over the years who have been charged with either distribution of a controlled substance or trafficking in illegal drugs who are in no way, shape, or form “drug dealers”.

Under Alabama Code Section 13A-12-211, a person commits the crime of unlawful distribution of controlled substances if he or she sells, furnishes, gives away, delivers, or distributes a controlled substance. Unlawful distribution is a Class B felony. This is a simple statute and although the word “sell” is in the law, the words “furnish, deliver, and distribute” make a person equally as guilty.

What does this mean? I have had cases before where a person with a prescription for Loritab, for example, (which contains the controlled substance hydrocodone), has given one or two pills to a friend for pain. Technically, this person has just committed the Class B felony of distribution of a controlled substance — the crime is complete when he passes them. Many people have no idea that they are committing a crime in this situation. Trafficking, which most people think has to deal with large drug sales, is similarly misunderstood.

Under Section 13A-12-231 of the Alabama Code, a person commits the crime of trafficking if he is in possession of a certain weight or quantity of an illegal drug. The tipping point that turns a possession charge into trafficking depends on the kind of illegal substance. For example, if someone is in possession of 2.2 lbs or more of marijuana, they are trafficking in marijuana. This same person does not have to sell any amount of marijuana.

Any person who is in possession of 28 grams or more of cocaine, or any mixture containing cocaine, is trafficking in cocaine. Anyone who possesses four grams or more of morphine or opium, or any mixture containing any such substance, is trafficking. And any person who is in possession of 28 grams or more of methamphetamine is guilty of trafficking in methamphetamine. Again, selling these substances is not required.

Trafficking is a Class A felony and comes with a three year minimum mandatory sentence. For example, let's say that the person in the distribution example above gave their friend a whole bottle of morphine pills instead of two or three hydrocodone tablets. Now, both parties are guilty of trafficking in morphine and are subject to at least a three-year sentence each.

Most of the time, people who are charged with distribution of a controlled substance or trafficking in illegal drugs are selling or intending to sell these substances. However, there have been cases, as described above, where people have been charged and convicted of these crimes when they had no idea that they were “trafficking.” 

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to givenslaw@tds.net.