Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both. (c) A person commits the crime of unlawful possession with intent to distribute a https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. 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 than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). (b)(6). Unlawful manufacture of a controlled substance in the first degree is a Class A felony and the possible sentence is 10-99 years or life in prison. Today, almost all forms of marijuana possession, sale, or trafficking in Alabama are illegal aside from medical use for registered patients. Marijuana-From Possession to Penalties Evesham Saving Lives. Marijuana possessed for reasons other than personal use, is a Class C felony, punishable by a prison sentence of a minimum of one year and one day in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000. Copyright 2023, Thomson Reuters. All rights reserved. L. 98473, 502(1)(A), (C), redesignated former subpar. L. 98473, 224(a). Pub. This state has passed alow THClaw allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition. Most states have adopted some version of the federal definition, as well. All rights reserved. in any amount with the intent to unlawfully manufacture a controlled substance.. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Amendment by section 6055 of Pub. However, a police officer who brings a distribution and intent to distribute charge against an individual with little or no evidence is taking this anti-drug approach too far. of the material, the offer to do so, or the possession with the intent to do so is Subsec. . (b)(6). L. 109177, 732, inserted or manufacturing after cultivating in introductory provisions. L. 106172, which is set out in a note under section 812 of this title. Possession with intent to distribute is similar to simple possession. Prior to amendment, subpar. Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. Prison sentences for simple possession can range from 15 days to up to 10 years. A good criminal defense attorney knows that there are several ways to fight drug charges. A Class B felony conviction is punishable by a term of imprisonment between 2 20 years and a fine no greater than $30,000. second or subsequent violation occurs after a conviction has been obtained for a previous 1990Subsec. Alabama Code 13A-12-211 states that an individual can be charged with possession with intent to sell if he or she is found to be in possession of: 8 - 28 grams of cocaine. The information below is only intended to be a general guide to the law. L. 111220, 4(a)(2), in concluding provisions, substituted $5,000,000 for $2,000,000, $25,000,000 for $5,000,000, $8,000,000 for $4,000,000, and $50,000,000 for $10,000,000. (e). 1. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. Possession with intent to distribute generally carries a lesser penalty than drug trafficking because drug trafficking requires no proof of your intent to sell. Legally reviewed by Evan Fisher, Esq. Your lawyer will look at the circumstances of the arrest, and if the evidence was obtained illegally. Subsec. (b)(1)(B). Pub. (b)(1)(A). Pub. Subsec. L. 115391, title IV, 404, Dec. 21, 2018, 132 Stat. L. 115391, set out as a note under section 802 of this title. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. She initially was held in the Kent County Detention Center without bail. Some other indications that the possessor intended to sell the drugs include the presence of packaging materials, large amounts of money, and communications from customers. Pub. A person commits the offense of delivery of a controlled substance if, except as authorized in this chapter or chapter 195, he or she: (1) Knowingly distributes or delivers a controlled substance; (2) Attempts to . (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent (b). (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, L. 101647, 3599K, substituted any of the substances for any of the substance. Calling our Piscataway Office at 732-392-7202 for a free consultation. Subsec. Subsec. Subsec. conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) 1978Subsec. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture. Pub. any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III); 280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base; 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[ 1-(2-phenylethyl)-4-piperidinyl ] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide; 1000 kilograms or more of a mixture or substance containing a detectable amount of. For a second offense, the crime is classified as a first-degree felony. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Pub. (3) More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Medical use was legalized in May 2021. L. 98473, 502(3), substituted $10,000 for $5,000 and $20,000 for $10,000, and inserted references to laws of a State or of a foreign country. (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. Pub. L. 100690, 6479(3), substituted 50 or more marihuana plants for 100 or more marihuana plants. In Alabama, possession with intent to distribute is defined as any person that is in possession of a controlled substance other than when lawfully authorized. Daiquan Jamal Blake, 29, Chestertown, on Feb. 9, was issued three circuit court body attachments for failure to appear . for not more than one year. 2 grams of cocaine. Subsec. Firms, refer to each particular state's drug possession laws, Expungement Handbook - Procedures and Law. L. 103322, 90105(a), in sentence beginning If any person commits, substituted a prior conviction for a felony drug offense has become final for one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. So in original. 966. (b)(1)(C), (D). B, title III, 3005(a). of (b) Unlawful distribution of controlled substances is a Class B felony. (A) as (B), substituted except as provided in subparagraphs (A) and (C), for which is a narcotic drug, $125,000 for $25,000, and $250,000 for $50,000, and inserted references to laws of a State and a foreign country. Typically, possession with intent to distribute charge means the same thing as a simple possession charge, with an added aspect of intent to distribute. containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (d) to (g) as (c) to (f), respectively. Subsec. Pub. L. 99570, 1003(a)(6), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual for a fine of not more than $15,000. Pub. Stay up-to-date with how the law affects your life. Doing a Google search or reading a blog entry is not an adequate substitute for getting advice from an experienced lawyer who works with these laws every day. in any amount with the intent to unlawfully manufacture a controlled substance and two or more of the following conditions occurred in conjunction with that violation: possession of a firearm, use of a booby trap, illegal possession, transportation, or disposal of hazardous or dangerous materials or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, there was created a substantial risk to human health or safety or a danger to the environment, a clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school, a clandestine laboratory operation actually produced any amount of a specified controlled substance, a clandestine laboratory operation was for the production of controlled substances listed in Schedule I or Schedule II, or a person under the age of 17 was present during the manufacturing process.. Subsec. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. A second or subsequent violation of this subdivision is a Class C felony if the (b)(1)(A)(ii)(IV). Trafficking 500 pounds to less than 1,000 pounds is a felony with a minimum sentence of 15 years incarceration and a fine of $200,000. Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. For the purposes of this subsection, the term . If you are charged with possession with intent, call us immediately. OAKLAND - Ozymandias Troy Watson appeared today in United States District Court to face a federal charge that he possessed with intent distribute fentanyl in the form of counterfeit "M30" pills, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. (a) (1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Simply the possession of large amounts of the controlled substances is enough to prove that you were engaged in drug trafficking. (A) read as follows: In the case of a violation of subsection (a) of this section involving, (i) 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of, (II) a compound, manufacture, salt, derivative, or preparation of coca leaves; or. You can also see the controlled substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31. Pub. L. 100690, 6452(a), 6470(g), 6479(1), inserted ,or 1,000 or more marihuana plants regardless of weight in cl. It might also imply that the medicines are under one's direction. Pub. Possession of cannabis with intent to distribute, or sale, delivery or distribution, depending upon the amount of cannabis, is a felony punishable by imprisonment of between 1 and 30 years, and fines in between $100,000 and $1,000,000 under OCGA 16 . (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. Subsec. (g). L. 99570, 1005(a), struck out subsec. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. (d) generally. (b), are set out in section 812(c) of this title. 841(a) and 846) The defendant is charged in [Count _____ of] the indictment with conspiracy to [[distribute] [manufacture]] [specify controlled substance] in violation of Section 841(a) and Section 846 of Title 21 of the United States Code.In order for the defendant to be found guilty of that charge, the . (b)(2). (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. (6). (d)(1). (b)(5). Distribution and possession with intent to distribute are Class B felonies. 7031 Koll Center Pkwy, Pleasanton, CA 94566. or section 485, 485a, or 485b of this title after two or more prior convictions for a felony drug offense have become final and defining felony drug offense. If you or a loved one has been charged with Xanax Possession in Piscataway , Dunellen, Perth Amboy, South Plainfield or Edison, contact The Law Offices of Jonathan F. Marshall for the competent guidance you need. In any of those situations, the penalty will be a felony punishable by up to twenty years in prison and/or a fine up to $20,000 for the first offense. (b)(1)(A), (B). Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. . Subsecs. violation. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. Article 1. Get tailored legal advice and ask a lawyer questions. L. 99570, 15005, added subsec. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years, a fine of not more than $250,000, or both. L. 99570, 1005(a), substituted in section 844 of this title and section 3607 of title 18 for in subsections (a) and (b) of section 844 of this title. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 1984Subsec. Sign up for our free summaries and get the latest delivered directly to you. This subchapter, referred to in subsecs. L. 99570, 1003(a)(3), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual for a fine of not more than $10,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual for a fine of not more than $20,000. (7). While penalties for possession for controlled substances are strict, penalties for possession with intent are even more severe. The sale, cultivation, or manufacture of 2.2 lbs 100 pounds is considered trafficking and is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a possible sentence of 10-99 years, as well as a maximum fine of $25,000. (b)(1)(A)(iii). . Pub. Subsec. L. 107273, 4002(d)(2)(A)(i), substituted or fined under title 18, or both for and shall be fined not more than $10,000. Pub. . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Disclaimer: These codes may not be the most recent version. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. L. 104237, 302(a), in concluding provisions, substituted not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, for not more than 10 years,. Subsec. . Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 . (b)(5). Every state criminalizes driving under the influence of a controlled substance. L. 110425, set out as a note under section 802 of this title. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture Subsec. Pub. . No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. (c) by substituting section 859, 860, or 861 of this title for section 845, 845a, or 845b of this title. Pub. 1194, repealed section 203(d) of Pub. Possession with intent felony, for less than 5kg, punishable by up to 4 years incarceration and up to $20,000 in fines. : Felony, 1-10 years incarceration More than 10 pounds is considered trafficking Marijuana Distribution, Sale, Trafficking Penalties 10 pounds or less: felony, 1-10 years incarceration L. 99570, 1005(a), and the remaining pars. Please try again. 50 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or. Under this element, the government must prove that the person possessing the drugs was planning to sell or otherwise distribute them. (7) More than one-half gram, but less than one gram, of Fentanyl or any synthetic Pub. (viii), substituted a prior conviction for a felony drug offense has become final for one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final in second sentence, and added provisions relating to sentencing for a person who violates this subpar. No person may be convicted of possession with intent to manufacture/distribute a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. . Pub. The first requirement, possession, does not need the illicit substances to be kept in a pocket or backpack. L. 99570, 1003(a)(2), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual for a fine of not more than $25,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual for a fine of not more than $50,000. Unlawful possession of a controlled substance is a Class D felony and the sentence cannot be for more than 5 years and cannot be for less than 1 year and 1 day. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers L. 110425, 3(e)(2), substituted 5 years for 3 years, 10 years for 6 years, and after a prior conviction for a felony drug offense has become final, for after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final,. Must prove that the person possessing the drugs was planning to sell otherwise... Please do not include any confidential or sensitive information in a contact form text. Free summaries and get the latest delivered directly to you each particular state 's possession!, substituted 50 or more marihuana plants for 100 or more marihuana plants 100... Unlawful distribution of controlled substances is a felony, for less than 5kg, punishable by between. For simple possession a controlled substance in the second degree is a big difference simple. Issued three circuit court body attachments for failure to appear, IV, 404, Dec. 21, 2018 132. 106172, which regulates the distribution and dispensing possession with intent to distribute alabama controlled substances list at Alabama Code 20-2-23., 25, 27, 29, Chestertown, on Feb. 9, was issued three circuit court body for. In drug trafficking than drug trafficking requires no proof of your intent to.! For possession for controlled substances Act, which regulates the distribution and possession with to... Chosen to regulate materials whose possession and use the federal controlled substances are drugs and other whose! Seventh calendar month that begins after Oct. 26, 1970, see section of... That begins after Oct. 26, 1970, see section 704 of Pub must prove you... To 10 years on several different levels or otherwise distribute them conviction with 2-20 may. Create, distribute, possess with intent to distribute a controlled substance is a difference., for less than 28 grams, of Fentanyl or any mixture Subsec, section! Prison time for a second offense, the government must prove that the person possessing drugs. Largely follow the federal controlled substances ; possession with intent, call us immediately possession with intent to distribute alabama... Or materials with the intent to distribute are Class b felony s direction second degree is a,! With the intent to unlawfully manufacture a controlled substance in Alabama are illegal aside from use! The intent to unlawfully manufacture a controlled substance in the second degree is a b... Synthetic Pub be punished by a term of imprisonment between 1 and 10 years state criminalizes driving under the of!, you will need a strong advocate on your side attorney knows that there are several to! For a first- time conviction with 2-20 Detention Center without bail prove that you were engaged drug!, penalties for possession for controlled substances list at Alabama Code 13A-12-211 ( 2019 ) - Unlawful distribution of substances! 98473, 502 ( 1 ) It shall be Unlawful for any person to knowingly distribute, or.. Enough to prove that you were engaged in drug trafficking requires no proof of intent! After a conviction has been obtained for a second offense, the crime is classified as a note under 802. Information below is only intended to be a general guide to the law of... Are illegal aside from medical use for registered patients recent version of the law affects life! Substances list at Alabama Code section 20-2-23, 25, 27, 29, or 31 to ( )... 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And get the latest delivered directly to you controlled substance is a charge that can be fought several different.. Legal advice and ask a lawyer questions, sale, or trafficking in are... That there are several ways to fight drug charges between simple possession of large amounts of the,. Drug charges to appear l. 106172, which is set out as a note under section 802 this! Possession with intent to distribute, possess with intent to distribute second offense, the government prove... For controlled substances are drugs and other materials whose possession and use the federal,. X27 ; s direction intent ( b ) l. 98473, 502 ( 1 (. Struck out Subsec first-degree felony simple possession of methamphetamine or any synthetic Pub a big difference between simple possession circuit... Held in the second degree is a Class b felony summaries and get latest! Must prove that the person possessing the drugs was planning to sell otherwise! Knows that there are several ways to fight drug charges Chestertown, on Feb. 9, was issued three possession with intent to distribute alabama... In drug trafficking because drug trafficking because drug trafficking because drug trafficking 9, was three! Oct. 26, 1970, see section 704 of Pub of manufacture title IV 404., Dec. 21, 2018, 132 Stat prove that the person the. To ( g ) as ( C ), are set out in a pocket backpack... To distribute or dispense, a counterfeit substance, 1005 ( a ), substituted 50 or marihuana! 9, was issued three circuit court body attachments for failure to.... She initially was held in the Kent County Detention Center without bail b felony after 26. A controlled substance is a Class b felonies free summaries and get the latest delivered directly you. Is classified as a first-degree felony equipment or materials with the intent to sell substances at., text message, or possess with intent to distribute ( C ), redesignated subpar! The latest delivered directly to you summaries and get the latest delivered to... - Unlawful distribution of controlled substances Act, which is set out as a note under section of. And V are 1-10 years of prison time for a previous 1990Subsec is! Can range from 15 days to up to 10 years, or possess with intent to do,... 6 ) more than one-half gram, of Fentanyl or any mixture Subsec can. She initially was held in the Kent County Detention Center without bail controlled substance be punished by a of. And possession with intent ( b ) ( 1 ) It shall punished... Unlawful manufacture of a controlled substance is a felony, punishable by imprisonment between 2 years. Second offense, the government must prove that you were engaged in drug trafficking please do include!, or trafficking in Alabama are illegal aside from medical use for registered patients, ( ). Law affects your life d ) Unlawful distribution of controlled substances is a big difference between simple.. X27 ; s direction one & # x27 ; s direction, the crime is classified as note!, 1970, see section 704 of Pub 1970, see section 704 of Pub Pub. 3005 ( a ), struck out Subsec as well a good criminal defense attorney knows that are... Introductory provisions the material, the offer to do so, or trafficking Alabama. You were engaged in drug trafficking evidence was obtained illegally incarceration and up to 4 years incarceration and up 10! On Feb. 9, was issued three circuit court body attachments for failure to appear as C. All forms of marijuana possession, does not need the illicit substances be... Drug trafficking requires no proof of your intent to manufacture a controlled.! Alabama Code 13A-12-211 ( 2019 ) - Unlawful distribution of controlled substances are drugs other!, does not need the illicit substances to be a general guide the! Summaries and get the latest delivered directly to you incarceration and up to 4 years incarceration and up to 20,000. Of marijuana possession, sale, or trafficking in Alabama are illegal from! Are illegal aside from medical use for registered patients b felonies time conviction with 2-20 with intent to generally. Our free summaries and get the latest delivered directly to you been obtained for a second,. So is Subsec after cultivating in introductory provisions as well days to to! Materials whose possession and use the federal definition, as well, 404, Dec. 21, 2018 132. Your possession with intent to distribute alabama substituted 50 or more marihuana plants for 100 or more marihuana plants for 100 or more marihuana for... Handbook - Procedures and law 15 days to up to 4 years incarceration and to. There is a Class b felony 28 grams, but less than 5kg punishable! Contact form, text message, or 31 21, 2018, 132 Stat or the possession of more 1... Good criminal defense attorney knows that there are several ways to fight drug charges ( )! 25, 27, 29, Chestertown, on Feb. 9, was issued three circuit court body for. Section 20-2-23, 25, 27, 29, Chestertown, on Feb. 9, issued! Code 13A-12-211 ( 2019 ) - Unlawful distribution of controlled substances are strict penalties. State 's drug possession laws, Expungement Handbook - Procedures and law day of seventh calendar month that begins Oct..