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SB309 INTRODUCED
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SB309
YMZ5166-1
By Senator Weaver
RFD: Judiciary
First Read: 17-Feb-26
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YMZ5166-1 02/17/2026 EGC (L)EGC 2026-655
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First Read: 17-Feb-26
SYNOPSIS:
Under existing law, a person commits the crime
of unlawful possession with intent to distribute a
controlled substance if he or she knowingly possesses
more than two grams, but less than four grams, of any
mixture containing Fentanyl, any synthetic controlled
substance Fentanyl, or any synthetic controlled
substance Fentanyl analogue.
This bill would provide that a person commits
the crime of unlawful possession with intent to
distribute a controlled substance if he or she
knowingly possesses more than one-half gram, but less
than one gram, or more than two grams, but less than
four grams, of certain mixtures of Fentanyl or Fentanyl
analogues.
Under existing law, a person commits the crime
of trafficking in illegal drugs if he or she is
knowingly in actual or constructive possession of one
gram or more of Fentanyl or any synthetic controlled
substance Fentanyl analogue as a single component.
This bill would also provide that a person
commits the crime of trafficking in illegal drugs if he
or she is knowingly in actual or constructive
possession of certain mixtures of Fentanyl or Fentanyl
analogues.
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analogues.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-12-211 and 13A-12-231, Code of Alabama 1975; to further
provide for the crime of unlawful possession with intent to
distribute a controlled substance; and to further provide for
the crime of trafficking in illegal drugs.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-12-211 and 13A12-231, Code of
Alabama 1975, are amended to read as follows:
"§13A-12-211
(a) A person commits the crime of unlawful distribution
of controlled substances if, except as otherwise authorized,
he or she sells, furnishes, gives away, delivers, or
distributes a controlled substance enumerated in Schedules I
through V.
(b) Unlawful distribution of controlled substances is a
Class B felony.
(c) A person commits the crime of unlawful possession
with intent to distribute a controlled substance if, except as
otherwise authorized by law, he or she knowingly possesses any
of the following quantities of a controlled substance:
(1) More than eight grams, but less than 28 grams, of
cocaine or of any mixture containing cocaine.
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cocaine or of any mixture containing cocaine.
(2) More than two grams, but less than four grams, of
any mixture of morphine, opium, or any salt, isomer, or salt
of an isomer thereof, including heroin or any mixture
containing Fentanyl or any synthetic controlled substance
Fentanyl or any synthetic controlled substance Fentanyl
analogue, as described in Sections 20-2-23 and 20-2-25 .
(3) More than eight grams, but less than 28 grams, of
3,4-methylenedioxy amphetamine, or of any mixture containing
3,4-methylenedioxy amphetamine.
(4) More than eight grams, but less than 28 grams, of
5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture
containing 5-methoxy-3, 4-methylenedioxy amphetamine.
(5) More than eight grams, but less than 28 grams, of
amphetamine or any mixture containing amphetamine, its salt,
optical isomer, or salt of its optical isomer thereof.
(6) More than eight grams, but less than 28 grams, of
methamphetamine or any mixture containing methamphetamine, its
salts, optical isomers, or salt of its optical isomers
thereof.
(7) More than one-half gram, but less than one gram, of
one or more of the following:
a. Fentanyl or any synthetic controlled substance
Fentanyl analogue, as described in Section 20-2-23 or Section
20-2-25, as a single component.
b. Any synthetic controlled substance Fentanyl
analogue.
c. The immediate Fentanyl precursor,
4-anilino-N-phenethyl-4-piperidine (ANPP).
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4-anilino-N-phenethyl-4-piperidine (ANPP).
(8) More than two grams, but less than four grams, of
any mixture containing Fentanyl or any synthetic controlled
substance Fentanyl analogue.
(d) Unlawful possession with intent to distribute a
controlled substance is a Class B felony."
"§13A-12-231
Except as authorized in Chapter 2, Title 20:
(1) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of, in excess of one kilo or
2.2 pounds of any part of the plant of the genus Cannabis,
whether growing or not, the seeds thereof, the resin extracted
from any part of the plant, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its
seeds, or resin including the completely defoliated mature
stalks of the plant, fiber produced from the stalks, oil, or
cake, or the completely sterilized samples of seeds of the
plant which are incapable of germination is guilty of a
felony, which shall be known as "trafficking in cannabis."
Nothing in this subdivision shall apply to samples of
tetrahydrocannabinols including, but not limited to, all
synthetic or naturally produced samples of
tetrahydrocannabinols which contain more than 15 percent by
weight of tetrahydrocannabinols and which do not contain plant
material exhibiting the external morphological features of the
plant cannabis. If the quantity of cannabis involved:
a. Is in excess of one kilo or 2.2 pounds, but less
than 100 pounds, the person shall be sentenced to a mandatory
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than 100 pounds, the person shall be sentenced to a mandatory
minimum term of imprisonment of three calendar years and to
pay a fine of twenty-five thousand dollars ($25,000).
b. Is 100 pounds or more, but less than 500 pounds, the
person shall be sentenced to a mandatory minimum term of
imprisonment of five calendar years and to pay a fine of fifty
thousand dollars ($50,000).
c. Is 500 pounds or more, but less than 1,000 pounds,
the person shall be sentenced to a mandatory minimum term of
imprisonment of 15 calendar years and to pay a fine of two
hundred thousand dollars ($200,000).
d. Is 1,000 pounds or more, the person shall be
sentenced to a mandatory term of imprisonment of life.
(2) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of, 28 grams or more of
cocaine or of any mixture containing cocaine, described in
Section 20-2-25(1), is guilty of a felony, which shall be
known as "trafficking in cocaine." If the quantity involved:
a. Is 28 grams or more, but less than 500 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the
person shall be sentenced to a mandatory minimum term of
imprisonment of five calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is one kilo, but less than 10 kilos, the person
shall be sentenced to a mandatory minimum term of imprisonment
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shall be sentenced to a mandatory minimum term of imprisonment
of 15 calendar years and to pay a fine of two hundred fifty
thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
(3) Any person, except as otherwise authorized by law,
who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive
possession of, four grams or more of any morphine, opium, or
any salt, isomer, or salt of an isomer thereof, including
heroin, as described in Section 20-2-23(b)(2) or Section
20-2-25(1)a., or four grams or more of any mixture containing
any such substance, or any mixture containing Fentanyl or any
synthetic controlled substance Fentanyl analogue, as described
in Sections 20-2-23 and 20-2-25, is guilty of a felony, which
shall be known as "trafficking in illegal drugs." If the
quantity involved:
a. Is four grams or more, but less than 14 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 14 grams or more, but less than 28 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 10 calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is 28 grams or more, but less than 56 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 25 calendar years and to pay a fine of five
hundred thousand dollars ($500,000).
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hundred thousand dollars ($500,000).
d. Is 56 grams or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
(4) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of 1,000 or more pills or
capsules of methaqualone, as described in Section 20-2-1, et
seq., is guilty of a felony, which shall be known as
"trafficking in illegal drugs." If the quantity involved:
a. Is 1,000 pills or capsules, but less than 5,000
pills or capsules, the person shall be sentenced to a
mandatory minimum term of imprisonment of three calendar years
and pay a fine of fifty thousand dollars ($50,000).
b. Is 5,000 capsules or more, but less than 25,000
capsules, the person shall be imprisoned to a mandatory
minimum term of imprisonment of 10 calendar years and pay a
fine of one hundred thousand dollars ($100,000).
c. Is 25,000 pills or more, but less than 100,000 pills
or capsules, the person shall be sentenced to a mandatory
minimum term of imprisonment of 25 calendar years and pay a
fine of five hundred thousand dollars ($500,000).
d. Is 100,000 capsules or more, the person shall be
sentenced to a mandatory term of imprisonment of life.
(5) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of 500 or more pills or
capsules of hydromorphone, as is described in Section 20-2-1,
et seq., is guilty of a felony, which shall be known as
"trafficking in illegal drugs." If the quantity involved:
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"trafficking in illegal drugs." If the quantity involved:
a. Is 500 pills or capsules or more but less than 1,000
pills or capsules, the person shall be sentenced to a
mandatory term of imprisonment of three calendar years and to
pay a fine of fifty thousand dollars ($50,000).
b. Is 1,000 pills or capsules or more, but less than
4,000 pills or capsules, the person shall be sentenced to a
mandatory term of imprisonment of 10 calendar years and to pay
a fine of one hundred thousand dollars ($100,000).
c. Is 4,000 pills or capsules or more but less than
10,000 pills or capsules, the person shall be sentenced to a
mandatory term of imprisonment of 25 calendar years and to pay
a fine of one hundred thousand dollars ($100,000).
d. Is more than 10,000 pills or capsules, the person
shall be sentenced to a mandatory term of life.
(6) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of, 28 grams or more of
3,4-methylenedioxy amphetamine, or of any mixture containing
3,4-methylenedioxy amphetamine, is guilty of a felony, which
shall be known as "trafficking in illegal drugs." If the
quantity involved:
a. Is 28 grams or more, but less than 500 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the
person shall be sentenced to a mandatory minimum term of
imprisonment of five calendar years and to pay a fine of one
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imprisonment of five calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is one kilo, but less than 10 kilos, the person
shall be sentenced to a mandatory minimum term of imprisonment
of 15 calendar years and to pay a fine of two hundred fifty
thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
(7) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of, 28 grams or more of
5-methoxy-3,4-methylenedioxy amphetamine, or of any mixture
containing 5-methoxy-3,4-methylenedioxy amphetamine, is guilty
of a felony, which shall be known as "trafficking in illegal
drugs." If the quantity involved:
a. Is 28 grams or more, but less than 500 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the
person shall be sentenced to a mandatory minimum term of
imprisonment of five calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is one kilo, but less than 10 kilos, the person
shall be sentenced to a mandatory minimum term of imprisonment
of 15 calendar years and to pay a fine of two hundred fifty
thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
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to a mandatory term of imprisonment of life.
(8) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of, four grams or more of
phencyclidine, or any mixture containing phencyclidine, is
guilty of a felony, which shall be known as "trafficking in
illegal drugs." If the quantity involved:
a. Is four grams or more, but less than 14 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 14 grams or more, but less than 28 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of five calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is 28 grams or more, but less than 56 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 15 calendar years and to pay a fine of two
hundred fifty thousand dollars ($250,000).
d. Is 56 grams or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
(9) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of, four grams or more of
lysergic acid diethylamide, or four grams or more of any
mixture containing lysergic acid diethylamide, is guilty of a
felony, which shall be known as "trafficking in illegal
drugs." If the quantity involved:
a. Is four grams or more, but less than 14 grams, the
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a. Is four grams or more, but less than 14 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 14 grams or more, but less than 28 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 10 calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is 28 grams or more, but less than 56 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 25 calendar years and to pay a fine of five
hundred thousand dollars ($500,000).
d. Is 56 grams or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
(10) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of, 28 grams or more of
amphetamine or any mixture containing amphetamine, its salt,
optical isomer, or salt of its optical isomer thereof, is
guilty of a felony, which shall be known as "trafficking in
amphetamine." If the quantity involved:
a. Is 28 grams or more but less than 500 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the
person shall be sentenced to a mandatory minimum term of
imprisonment of five calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
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hundred thousand dollars ($100,000).
c. Is one kilo but less than 10 kilos, the person shall
be sentenced to a mandatory minimum term of imprisonment of 15
calendar years and to pay a fine of two hundred fifty thousand
dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
(11) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of, 28 grams or more of
methamphetamine or any mixture containing methamphetamine, its
salts, optical isomers, or salt of its optical isomers
thereof, is guilty of a felony, which shall be known as
"trafficking in methamphetamine." If the quantity involved:
a. Is 28 grams or more but less than 500 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than one kilo, the
person shall be sentenced to a mandatory minimum term of
imprisonment of five calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is one kilo but less than 10 kilos, the person shall
be sentenced to a mandatory minimum term of imprisonment of 15
calendar years and to pay a fine of two hundred fifty thousand
dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
(12) Any person who knowingly sells, manufactures,
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(12) Any person who knowingly sells, manufactures,
delivers, or brings into this state, or who is knowingly in
actual or constructive possession of 56 or more grams of a
synthetic controlled substance or a synthetic controlled
substance analogue, as described in Section 20-2-23(a)(4) or
(5), except for any synthetic controlled substance Fentanyl
analogue referenced in subdivision (13), is guilty of a
felony, which shall be known as "trafficking in synthetic
controlled substances." If the quantity involved:
a. Is 56 grams or more, but less than 500 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
b. Is 500 grams or more, but less than 1 kilo, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 10 calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
c. Is one kilo, but less than 10 kilos, the person
shall be sentenced to a mandatory minimum term of imprisonment
of 15 calendar years and to pay a fine of two hundred fifty
thousand dollars ($250,000).
d. Is 10 kilos or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
(13) Any person, unless otherwise authorized by law,
who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive
possession of, one gram or more of Fentanyl or any combination
of one or more of the following: (i) Fentanyl or any synthetic
controlled substance Fentanyl analogue, as a single component
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controlled substance Fentanyl analogue, as a single component
as described in Sections 20-2-23 and 20-2-25, ; (ii) any
synthetic controlled substance Fentanyl analogue; or (iii) the
immediate Fentanyl precursor,
4-anilino-N-phenethyl-4-piperidine (ANPP); is guilty of a
felony, which shall be known as "trafficking in illegal
drugs." If the quantity involved:
a.1. Is one gram or more, but less than two grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a minimum fine
of fifty thousand dollars ($50,000).
2. Is two grams or more, but less than four grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 10 calendar years and to pay a minimum fine of
one hundred thousand dollars ($100,000).
3. Is four grams or more, but less than eight grams,
the person shall be sentenced to a mandatory minimum term of
imprisonment of 25 calendar years and to pay a minimum fine of
five hundred thousand dollars ($500,000).
4. Is eight grams or more, the person shall be
sentenced to a mandatory term of imprisonment of life and to
pay a minimum fine of seven hundred fifty thousand dollars
($750,000).
b.1. Notwithstanding any provision of law, in addition
to any penalties provided by law, upon a second conviction of
this subdivision, the person shall be sentenced to an
additional term of imprisonment of five calendar years, which
is not subject to suspension or probation.
2. Upon a third or subsequent conviction of this
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2. Upon a third or subsequent conviction of this
subdivision, in addition to any penalties provided by law, the
person shall be sentenced to an additional term of
imprisonment of 10 calendar years, which is not subject to
suspension or probation.
(14) Any person, except as otherwise authorized by law,
who knowingly sells, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive
possession of, four grams or more of any mixture containing
Fentanyl or any synthetic controlled substance Fentanyl
analogue is guilty of a felony, which shall be known as
"trafficking in illegal drugs." If the quantity involved:
a.1. Is four grams or more, but less than 14 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of three calendar years and to pay a fine of
fifty thousand dollars ($50,000).
2. Is 14 grams or more, but less than 28 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 10 calendar years and to pay a fine of one
hundred thousand dollars ($100,000).
3. Is 28 grams or more, but less than 56 grams, the
person shall be sentenced to a mandatory minimum term of
imprisonment of 25 calendar years and to pay a fine of five
hundred thousand dollars ($500,000).
4. Is 56 grams or more, the person shall be sentenced
to a mandatory term of imprisonment of life.
b.1. Notwithstanding any provision of law, in addition
to any penalties provided by law, upon a second conviction of
this subdivision, the person shall be sentenced to an
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this subdivision, the person shall be sentenced to an
additional term of imprisonment of five calendar years, which
is not subject to suspension or probation.
2. Upon a third or subsequent conviction of this
subdivision, in addition to any penalties provided by law, the
person shall be sentenced to an additional term of
imprisonment of 10 calendar years, which is not subject to
suspension or probation.
(14)(15) In lieu of the weight ranges listed in
subdivision (12), a person may instead be charged with
trafficking any substance listed in subdivisions (3) and (12)
if that person possesses 50 or more individual packages of
that substance. The person shall only be sentenced according
to the sentence range provision listed in paragraph a. of each
subdivision for the specific substance contained in the 50 or
more individual packages if charged pursuant to this
subdivision, subdivision (15)(16), or subdivision (16)(17), if
applicable. In order to charge a person pursuant to this
subdivision, the same substance must be contained in each of
the 50 or more individual packages.
(15)(16) The felonies of "trafficking in cannabis,"
"trafficking in cocaine," "trafficking in illegal drugs,"
"trafficking in amphetamine," "trafficking in
methamphetamine," and "trafficking in synthetic controlled
substances" as defined in subdivisions (1) through (14)(15)
shall be treated as Class A felonies for purposes of this
title, including sentencing under Section 13A-5-9. Provided,
however, that the sentence of imprisonment for a defendant
with one or more prior felony convictions who violates
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with one or more prior felony convictions who violates
subdivisions (1) through (14)(15) shall be the sentence
provided therein, or the sentence provided under Section
13A-5-9, whichever is greater. Provided further, that the fine
for a defendant with one or more prior felony convictions who
violates subdivisions (1) through (14)(15) shall be the fine
provided therein, or the fine provided under Section 13A-5-9,
whichever is greater.
(16)(17) Notwithstanding any provision of law to the
contrary, any person who has possession of a firearm during
the commission of any act proscribed by this section shall be
punished by a term of imprisonment of five calendar years,
which shall be in addition to, and not in lieu of, the
punishment otherwise provided, and a fine of twenty-five
thousand dollars ($25,000). The court shall not suspend the
five-year additional sentence of the person or give the person
a probationary sentence."
Section 2. This act shall become effective on October
1, 2026.
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