Felony charges for Kratom

[JonL8]

What is the name of your state?Florida but issues happened in Alabama

My fiance lives in Florida but works in Alabama with her son. She takes Kratom since her dumbass doctor took her off of her pain meds. Kratom is legal here but illegal in Alabama. They got pulled over and the cop arrested them both and charge them with a class C felony. Does that carry a mandatory jail sentence or could they get probation?

 

[TheGeekess]

(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

(2) For a Class B felony, not more than 20 years or less than 2 years.

(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 .

(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8 .

(5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony sex offense involving a child as defined in Section 15-20A-4(26) , not less than 20 years.

(6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony sex offense involving a child as defined in Section 15-20A-4(26) , not less than 10 years.
(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law.
(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20A-19 , or where an offender is convicted of a Class A felony sex offense involving a child as defined in Section 15-20A-4(26) , and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.
(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61 , 13A-6-63 , or 13A-6-65.1 , when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-5-6.html

 

[FlyingRon]

Better stay out of Sarasota County as well, it's illegal locally there.

A felony conviction is bad news even if it doesnt result in imprisonment. They need to be talking to a lawyer NOW. Worring about the penalty phase is putting the cart before the horse.

 

[NeilTheCop]

Get an attorney.
As a former cop I know that one of the very first things the defense attorney will ask for in discovery is the lab results from the test of the alleged illegal substance.
The prosecution has to prove that the substance in question is in fact Kratom.

 

[FlyingRon]

The prosecution has to prove that the substance in question is in fact Kratom.

I can bet you dollars to donuts that the defendants already incriminated themselves with regard to that.

 

[LdiJ]

I didn't even know what it was. I had never heard of it. However what I have read makes it sound like it could be instrumental in helping to stop opiate addiction. If true, that could be a very good thing.

 

[FlyingRon]

The DEA was well on its way to making it Sched I a few years back but someone whacked them hard and told them to actually do an analysis rather than just acting on emergency authority (nothing like being compelled to follow the law). I suspect they are currently caught up in the general administrative malaise in the agency now.

Some states (like Alabama) and local jurisdictions (like Sarasota county) have banned it. Others have thought about it but the bills failed (I think NC was one of these).

It's probably going to end up being scheduled, but not at level I has there does seem to be some clinical benefit for it.