1 220530-1 : n : 08/24/2022 : HB / ma LSA2022-1549

8 SYNOPSIS: Under existing law, there is a mandatory

9 sentencing scheme in place which includes mandatory

10 terms of imprisonment and fines for any person who

11 knowingly sells, manufactures, delivers, or is in

12 possession of various controlled substances. The

13 terms of imprisonment and fines are determined by

14 the weight of the controlled substance involved in

15 the offense.

16 Also under existing law, a person who

17 knowingly sells, manufactures, delivers, or is in

18 possession of four or more grams of any mixture

19 containing Fentanyl, or any synthetic controlled

20 substance Fentanyl analogue, is subject to various

21 mandatory terms of imprisonment and fines. However,

22 existing law provides only for fines concerning the

23 unlawful sale, manufacturing, delivery, or

24 possession of Fentanyl as a single component.

25 This bill would provide for mandatory terms

26 of imprisonment for a person who engages in the

27 unlawful sale, manufacturing, delivery, or

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1 possession of one or more grams of Fentanyl as a

2 single component.

3 This bill would also impose additional

4 criminal penalties for subsequent violations.

5 Amendment 621 of the Constitution of Alabama

6 of 1901, as amended by Amendment 890, now appearing

7 as Section 111.05 of the Official Recompilation of

8 the Constitution of Alabama of 1901, as amended,

9 prohibits a general law whose purpose or effect

10 would be to require a new or increased expenditure

11 of local funds from becoming effective with regard

12 to a local governmental entity without enactment by

13 a 2/3 vote unless: it comes within one of a number

14 of specified exceptions; it is approved by the

15 affected entity; or the Legislature appropriates

16 funds, or provides a local source of revenue, to

17 the entity for the purpose.

18 The purpose or effect of this bill would be

19 to require a new or increased expenditure of local

20 funds within the meaning of the amendment. However,

21 the bill does not require approval of a local

22 governmental entity or enactment by a 2/3 vote to

23 become effective because it comes within one of the

24 specified exceptions contained in the amendment.

25

26 A BILL

27 TO BE ENTITLED

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1 AN ACT

3 Relating to controlled substances; to amend Section

4 13A-12-231, Code of Alabama 1975; to add mandatory minimums to

5 certain felony drug trafficking crimes; to provide for

6 additional penalties for subsequent offenses; and in

7 connection therewith would have as its purpose or effect the

8 requirement of a new or increased expenditure of local funds

9 within the meaning of Amendment 621 of the Constitution of

10 Alabama of 1901, as amended by Amendment 890, now appearing as

11 Section 111.05 of the Official Recompilation of the

12 Constitution of Alabama of 1901, as amended.

13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

14 Section 1. Section 13A-12-231, Code of Alabama 1975,

15 is amended to read as follows:

16 "§13A-12-231.

17 Except as authorized in Chapter 2, Title 20:

18 (1) Any person who knowingly sells, manufactures,

19 delivers, or brings into this state, or who is knowingly in

20 actual or constructive possession of, in excess of one kilo or

21 2.2 pounds of any part of the plant of the genus Cannabis,

22 whether growing or not, the seeds thereof, the resin extracted

23 from any part of the plant, and every compound, manufacture,

24 salt, derivative, mixture, or preparation of the plant, its

25 seeds, or resin including the completely defoliated mature

26 stalks of the plant, fiber produced from the stalks, oil, or

27 cake, or the completely sterilized samples of seeds of the

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1 plant which are incapable of germination is guilty of a

2 felony, which felony shall be known as "trafficking in

3 cannabis." Nothing in this subdivision shall apply to samples

4 of tetrahydrocannabinols including, but not limited to, all

5 synthetic or naturally produced samples of

6 tetrahydrocannabinols which contain more than 15 percent by

7 weight of tetrahydrocannabinols and which do not contain plant

8 material exhibiting the external morphological features of the

9 plant cannabis. If the quantity of cannabis involved:

10 a. Is in excess of one kilo or 2.2 pounds, but less

11 than 100 pounds, the person shall be sentenced to a mandatory

12 minimum term of imprisonment of three calendar years and to

13 pay a fine of twenty-five thousand dollars ($25,000).

14 b. Is 100 pounds or more, but less than 500 pounds,

15 the person shall be sentenced to a mandatory minimum term of

16 imprisonment of five calendar years and to pay a fine of fifty

17 thousand dollars ($50,000).

18 c. Is 500 pounds or more, but less than 1,000

19 pounds, the person shall be sentenced to a mandatory minimum

20 term of imprisonment of 15 calendar years and to pay a fine of

21 two hundred thousand dollars ($200,000).

22 d. Is 1,000 pounds or more, the person shall be

23 sentenced to a mandatory term of imprisonment of life.

24 (2) Any person who knowingly sells, manufactures,

25 delivers, or brings into this state, or who is knowingly in

26 actual or constructive possession of, 28 grams or more of

27 cocaine or of any mixture containing cocaine, described in

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1 Section 20-2-25(1), is guilty of a felony, which felony shall

2 be known as "trafficking in cocaine." If the quantity

3 involved:

4 a. Is 28 grams or more, but less than 500 grams, the

5 person shall be sentenced to a mandatory minimum term of

6 imprisonment of three calendar years and to pay a fine of

7 fifty thousand dollars ($50,000).

8 b. Is 500 grams or more, but less than one kilo, the

9 person shall be sentenced to a mandatory minimum term of

10 imprisonment of five calendar years and to pay a fine of one

11 hundred thousand dollars ($100,000).

12 c. Is one kilo, but less than 10 kilos, then the

13 person shall be sentenced to a mandatory minimum term of

14 imprisonment of 15 calendar years and to pay a fine of two

15 hundred fifty thousand dollars ($250,000).

16 d. Is 10 kilos or more, the person shall be

17 sentenced to a mandatory term of imprisonment of life.

18 (3) Any person, except as otherwise authorized by

19 law, who knowingly sells, manufactures, delivers, or brings

20 into this state, or who is knowingly in actual or constructive

21 possession of, four grams or more of any morphine, opium, or

22 any salt, isomer, or salt of an isomer thereof, including

23 heroin, as described in Section 20-2-23(b)(2) or Section

24 20-2-25(1)a., or four grams or more of any mixture containing

25 any such substance, or any mixture containing Fentanyl or any

26 synthetic controlled substance Fentanyl analogue, as described

27 in Sections 20-2-23 and 20-2-25, is guilty of a felony, which

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1 felony shall be known as "trafficking in illegal drugs." If

2 the quantity involved:

3 a. Is four grams or more, but less than 14 grams,

4 the person shall be sentenced to a mandatory minimum term of

5 imprisonment of three calendar years and to pay a fine of

6 fifty thousand dollars ($50,000).

7 b. Is 14 grams or more, but less than 28 grams, the

8 person shall be sentenced to a mandatory minimum term of

9 imprisonment of 10 calendar years and to pay a fine of one

10 hundred thousand dollars ($100,000).

11 c. Is 28 grams or more, but less than 56 grams, the

12 person shall be sentenced to a mandatory minimum term of

13 imprisonment of 25 calendar years and to pay a fine of five

14 hundred thousand dollars ($500,000).

15 d. Is 56 grams or more, the person shall be

16 sentenced to a mandatory term of imprisonment of life.

17 (4) Any person who knowingly sells, manufactures,

18 delivers, or brings into this state, or who is knowingly in

19 actual or constructive possession of 1,000 or more pills or

20 capsules of methaqualone, as described in Section 20-2-1, et

21 seq., is guilty of a felony, which felony shall be known as

22 "trafficking in illegal drugs." If the quantity involved:

23 a. Is 1,000 pills or capsules, but less than 5,000

24 pills or capsules, the person shall be sentenced to a

25 mandatory minimum term of imprisonment of three calendar years

26 and pay a fine of fifty thousand dollars ($50,000).

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1 b. Is 5,000 capsules or more, but less than 25,000

2 capsules, that person shall be imprisoned to a mandatory

3 minimum term of imprisonment of 10 calendar years and pay a

4 fine of one hundred thousand dollars ($100,000).

5 c. Is 25,000 pills or more, but less than 100,000

6 pills or capsules, the person shall be sentenced to a

7 mandatory minimum term of imprisonment of 25 calender years

8 and pay a fine of five hundred thousand dollars ($500,000).

9 d. Is 100,000 capsules or more, the person shall be

10 sentenced to a mandatory term of imprisonment of life.

11 (5) Any person who knowingly sells, manufactures,

12 delivers, or brings into this state, or who is knowingly in

13 actual or constructive possession of 500 or more pills or

14 capsules of hydromorphone as is described in Section 20-2-1,

15 et seq., is guilty of a felony which shall be known as

16 "trafficking in illegal drugs." If the quantity involved:

17 a. Is 500 pills or capsules or more, but less than

18 1,000 pills or capsules, the person shall be sentenced to a

19 mandatory term of imprisonment of three calendar years and to

20 pay a fine of fifty thousand dollars ($50,000).

21 b. Is 1,000 pills or capsules or more, but less than

22 4,000 pills or capsules, the person shall be sentenced to a

23 mandatory term of imprisonment of 10 calendar years and to pay

24 a fine of one hundred thousand dollars ($100,000).

25 c. Is 4,000 pills or capsules or more, but less than

26 10,000 pills or capsules, the person shall be sentenced to a

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1 mandatory term of imprisonment of 25 calendar years and to pay

2 a fine of one hundred thousand dollars ($100,000).

3 d. Is more than 10,000 pills or capsules, the person

4 shall be sentenced to a mandatory term of life.

5 (6) Any person who knowingly sells, manufactures,

6 delivers, or brings into this state, or who is knowingly in

7 actual or constructive possession of, 28 grams or more of

8 3,4-methylenedioxy amphetamine, or of any mixture containing

9 3,4-methylenedioxy amphetamine, is guilty of a felony, which

10 felony shall be known as "trafficking in illegal drugs." If

11 the quantity involved:

12 a. Is 28 grams or more, but less than 500 grams, the

13 person shall be sentenced to a mandatory minimum term of

14 imprisonment of three calendar years and to pay a fine of

15 fifty thousand dollars ($50,000).

16 b. Is 500 grams or more, but less than one kilo, the

17 person shall be sentenced to a mandatory minimum term of

18 imprisonment of five calendar years and to pay a fine of one

19 hundred thousand dollars ($100,000).

20 c. Is one kilo, but less than 10 kilos, then the

21 person shall be sentenced to a mandatory minimum term of

22 imprisonment of 15 calendar years and to pay a fine of two

23 hundred fifty thousand dollars ($250,000).

24 d. Is 10 kilos or more, the person shall be

25 sentenced to a mandatory term of imprisonment of life.

26 (7) Any person who knowingly sells, manufactures,

27 delivers, or brings into this state, or who is knowingly in

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1 actual or constructive possession of, 28 grams or more of

2 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture

3 containing 5-methoxy-3, 4-methylenedioxy amphetamine is guilty

4 of a felony, which felony shall be known as "trafficking in

5 illegal drugs." if If the quantity involved:

6 a. Is 28 grams or more, but less than 500 grams, the

7 person shall be sentenced to a mandatory minimum term of

8 imprisonment of three calendar years and to pay a fine of

9 fifty thousand dollars ($50,000).

10 b. Is 500 grams or more, but less than one kilo, the

11 person shall be sentenced to a mandatory minimum term of

12 imprisonment of five calendar years and to pay a fine of one

13 hundred thousand dollars ($100,000).

14 c. Is one kilo, but less than 10 kilos, then the

15 person shall be sentenced to a mandatory minimum term of

16 imprisonment of 15 calendar years and to pay a fine of two

17 hundred fifty thousand dollars ($250,000).

18 d. Is 10 kilos or more, the person shall be

19 sentenced to a mandatory term of imprisonment of life.

20 (8) Any person who knowingly sells, manufactures,

21 delivers, or brings into this state, or who is knowingly in

22 actual or constructive possession of, four grams or more of

23 phencyclidine, or any mixture containing phencyclidine, is

24 guilty of a felony, which felony shall be known as

25 "trafficking in illegal drugs." If the quantity involved:

26 a. Is four grams or more, but less than 14 grams,

27 the person shall be sentenced to a mandatory minimum term of

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1 imprisonment of three calendar years and to pay a fine of

2 fifty thousand dollars ($50,000).

3 b. Is 14 grams or more, but less than 28 grams, the

4 person shall be sentenced to a mandatory minimum term of

5 imprisonment of five calendar years and to pay a fine of one

6 hundred thousand dollars ($100,000).

7 c. Is 28 grams or more, but less than 56 grams, then

8 the person shall be sentenced to a mandatory minimum term of

9 imprisonment of 15 calendar years and to pay a fine of two

10 hundred fifty thousand dollars ($250,000).

11 d. Is 56 grams or more, the person shall be

12 sentenced to a mandatory term of imprisonment of life.

13 (9) Any person who knowingly sells, manufactures,

14 delivers, or brings into this state, or who is knowingly in

15 actual or constructive possession of, four grams or more of

16 lysergic acid diethylamide, of four grams or more of any

17 mixture containing lysergic acid diethylamide, is guilty of a

18 felony, which felony shall be known as "trafficking in illegal

19 drugs." If the quantity involved:

20 a. Is four grams or more, but less than 14 grams,

21 the person shall be sentenced to a mandatory minimum term of

22 imprisonment of three calendar years and to pay a fine of

23 fifty thousand dollars ($50,000).

24 b. Is 14 grams or more, but less than 28 grams, the

25 person shall be sentenced to a mandatory minimum term of

26 imprisonment of 10 calender years and to pay a fine of one

27 hundred thousand dollars ($100,000).

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1 c. Is 28 grams or more, but less than 56 grams, the

2 person shall be sentenced to a mandatory minimum term of

3 imprisonment of 25 calendar years and to pay a fine of five

4 hundred thousand dollars ($500,000).

5 d. Is 56 grams or more, the person shall be

6 sentenced to a mandatory term of imprisonment of life.

7 (10) Any person who knowingly sells, manufactures,

8 delivers, or brings into this state, or who is knowingly in

9 actual or constructive possession of, 28 grams or more of

10 amphetamine or any mixture containing amphetamine, its salt,

11 optical isomer, or salt of its optical isomer thereof, is

12 guilty of a felony, which felony shall be known as

13 "trafficking in amphetamine." If the quantity involved:

14 a. Is 28 grams or more, but less than 500 grams, the

15 person shall be sentenced to a mandatory minimum term of

16 imprisonment of three calendar years and to pay a fine of

17 fifty thousand dollars ($50,000).

18 b. Is 500 grams or more, but less than one kilo, the

19 person shall be sentenced to a mandatory minimum term of

20 imprisonment of five calendar years and to pay a fine of one

21 hundred thousand dollars ($100,000).

22 c. Is one kilo, but less than 10 kilos, then the

23 person shall be sentenced to a mandatory minimum term of

24 imprisonment of 15 calendar years and to pay a fine of two

25 hundred fifty thousand dollars ($250,000).

26 d. Is 10 kilos or more, the person shall be

27 sentenced to a mandatory term of imprisonment of life.

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1 (11) Any person who knowingly sells, manufactures,

2 delivers, or brings into this state, or who is knowingly in

3 actual or constructive possession of, 28 grams or more of

4 methamphetamine or any mixture containing methamphetamine, its

5 salts, optical isomers, or salt of its optical isomers

6 thereof, is guilty of a felony, which felony shall be known as

7 "trafficking in methamphetamine." If the quantity involved:

8 a. Is 28 grams or more, but less than 500 grams, the

9 person shall be sentenced to a mandatory minimum term of

10 imprisonment of three calendar years and to pay a fine of

11 fifty thousand dollars ($50,000).

12 b. Is 500 grams or more, but less than one kilo, the

13 person shall be sentenced to a mandatory minimum term of

14 imprisonment of five calendar years and to pay a fine of one

15 hundred thousand dollars ($100,000).

16 c. Is one kilo, but less than 10 kilos, then the

17 person shall be sentenced to a mandatory minimum term of

18 imprisonment of 15 calender years and to pay a fine of two

19 hundred fifty thousand dollars ($250,000).

20 d. Is 10 kilos or more, the person shall be

21 sentenced to a mandatory term of imprisonment of life.

22 (12) Any person who knowingly sells, manufactures,

23 delivers, or brings into this state, or who is knowingly in

24 actual or constructive possession of 56 or more grams of a

25 synthetic controlled substance or a synthetic controlled

26 substance analogue, as described in subdivision (4) or (5) of

27 subsection (a) of Section 20-2-23, except for any synthetic

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1 controlled substance Fentanyl analogue referenced in

2 subdivision (13)a., is guilty of a felony, which felony shall

3 be known as "trafficking in synthetic controlled substances."

4 If the quantity involved:

5 a. Is 56 grams or more, but less than 500 grams, the

6 person shall be sentenced to a mandatory minimum term of

7 imprisonment of three calender years and to pay a fine of

8 fifty thousand dollars ($50,000).

9 b. Is 500 grams or more, but less than 1 kilo, the

10 person shall be sentenced to a mandatory minimum term of

11 imprisonment of 10 calender years and to pay a fine of one

12 hundred thousand dollars ($100,000).

13 c. Is one kilo, but less than 10 kilos, then the

14 person shall be sentenced to a mandatory minimum term of

15 imprisonment of 15 calender years and to pay a fine of two

16 hundred fifty thousand dollars ($250,000).

17 d. Is 10 kilos or more, the person shall be

18 sentenced to a mandatory term of imprisonment of life.

19 (13)a. Any person, unless otherwise authorized by

20 law, who knowingly sells, manufactures, delivers, or brings

21 into this state, or who is knowingly in actual or constructive

22 possession of, one gram or more of Fentanyl or any synthetic

23 controlled substance Fentanyl analogue, as a single component

24 as described in Sections 20-2-23 and 20-2-25, is guilty of a

25 felony, which felony shall be known as "trafficking in illegal

26 drugs." If the quantity involved:

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1 a. 1. Is one gram or more, but less than two grams,

2 the person shall be ordered sentenced to a mandatory minimum

3 term of imprisonment of three calendar years and to pay a

4 minimum fine of fifty thousand dollars ($50,000).

5 b. 2. Is two grams or more, but less than four

6 grams, the person shall be ordered sentenced to a mandatory

7 minimum term of imprisonment of 10 calendar years and to pay a

8 minimum fine of one hundred thousand dollars ($100,000).

9 c. 3. Is four grams or more, but less than eight

10 grams, the person shall be ordered sentenced to a mandatory

11 minimum term of imprisonment of 25 calendar years and to pay a

12 minimum fine of five hundred thousand dollars ($500,000).

13 d. 4. Is eight grams or more, the person shall be

14 ordered sentenced to a mandatory minimum term of imprisonment

15 of life and to pay a minimum fine of seven hundred fifty

16 thousand dollars ($750,000).

17 b.1. Notwithstanding any provision of law, in

18 addition to any penalties provided by law, upon a second

19 conviction of this subdivision, the person shall be sentenced

20 to an additional penalty of five calendar years incarceration

21 in a state corrections facility, which is not subject to

22 suspension or probation.

23 2. Upon a third or subsequent conviction of this

24 subdivision, in addition to any penalties provided by law, the

25 person shall be sentenced to an additional penalty of 10

26 calendar years incarceration in a state corrections facility,

27 which is not subject to suspension or probation.

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1 (14) In lieu of the weight ranges listed in

2 subdivision (12), a person may instead be charged with

3 trafficking any substance listed in subdivisions (3) and (12)

4 if that person possesses 50 or more individual packages of

5 that substance. The person shall only be sentenced according

6 to the sentence range provision listed in paragraph a. of each

7 subdivision for the specific substance contained in the 50 or

8 more individual packages if charged pursuant to this

9 subdivision, subdivision (15), or subdivision (16), if

10 applicable. In order to charge a person pursuant to this

11 subdivision, the same substance must be contained in each of

12 the 50 or more individual packages.

13 (15) The felonies of "trafficking in cannabis,"

14 "trafficking in cocaine," "trafficking in illegal drugs,"

15 "trafficking in amphetamine," "trafficking in

16 methamphetamine," and "trafficking in synthetic controlled

17 substances" as defined in subdivisions (1) through (14),

18 above, shall be treated as Class A felonies for purposes of

19 this title, including sentencing under Section 13A-5-9.

20 Provided, however, that the sentence of imprisonment for a

21 defendant with one or more prior felony convictions who

22 violates subdivisions (1) through (14) of this section shall

23 be the sentence provided therein, or the sentence provided

24 under Section 13A-5-9, whichever is greater. Provided further,

25 that the fine for a defendant with one or more prior felony

26 convictions who violates subdivisions (1) through (14) of this

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1 section shall be the fine provided therein, or the fine

2 provided under Section 13A-5-9, whichever is greater.

3 (16) Notwithstanding any provision of law to the

4 contrary, any person who has possession of a firearm during

5 the commission of any act proscribed by this section shall be

6 punished by a term of imprisonment of five calendar years

7 which shall be in addition to, and not in lieu of, the

8 punishment otherwise provided, and a fine of twenty-five

9 thousand dollars ($25,000); the court shall not suspend the

10 five-year additional sentence of the person or give the person

11 a probationary sentence."

12 Section 2. Although this bill would have as its

13 purpose or effect the requirement of a new or increased

14 expenditure of local funds, the bill is excluded from further

15 requirements and application under Amendment 621, as amended

16 by Amendment 890, now appearing as Section 111.05 of the

17 Official Recompilation of the Constitution of Alabama of 1901,

18 as amended, because the bill defines a new crime or amends the

19 definition of an existing crime.

20 Section 3. This act shall become effective on the

21 first day of the third month following its passage and

22 approval by the Governor, or its otherwise becoming law.

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