Drug Crimes in Alabama

Being charged with a drug crime in Alabama can be devastating. In addition to carrying stiff sentences, drug crimes can involve huge fines, often in the thousands of dollars. Their nature raises a number of unique legal issues. The following is a summary of some of the most commonly charged drug crimes.

Alabama Possession of Marijuana

A person is guilty of Possession of Marijuana in the Second Degree, a Class A misdemeanor, if she possesses marijuana for her personal use. Ala. Code 13A-12-214. If she possesses marijuana for reasons other than her personal use, or if she has been previously convicted of POM-2nd, then she is guilty of Possession of Marijuana in the First Degree, which is a Class C felony. Ala. Code 13A-12-213.

Alabama Possession of Drug Paraphernalia

A person is guilty of Possession of Drug Paraphernalia, a Class A misdemeanor, if she uses or possesses with intent to use drug paraphernalia, which is generally defined as items intended for use in connection with controlled substances. Ala. Code 13A-12-260.

Alabama Possession of a Controlled Substance

What is a "Controlled Substance" in Alabama? The Alabama Department of Public Health issues a list of substances, categorized under four schedules, which are deemed "controlled substances" subject to the Criminal Code. The complete list can be found here.

What is a "Controlled Substance" in Alabama?

The Alabama Department of Public Health issues a list of substances, categorized under four schedules, which are deemed "controlled substances" subject to the Criminal Code. The complete list can be found here.

Unlawful Possession of a Controlled Substance is committed when a person possesses any of the substances listed in the state's controlled substances schedules (including, for example, cocaine, heroin, and methamphetamine). Ala. Code 13A-12-212. Possession of a Controlled Substance is a Class C felony.

Alabama Distribution of a Controlled Susbtance

One is guilty of Unlawful Distribution of a Controlled Substance, a Class B felony, if she "sells, furnishes, gives away, delivers or distributes a controlled substance..." Ala. Code 13A-12-211.

Alabama Manufacturing of a Controlled Substance

If one produces a controlled substance, or possesses "precursor substances" with the intent to manufacture, she is guilty of Unlawful Manufacturing of a Controlled Substance in the Second Degree, a Class B felony. Ala. Code 13A-12-217. "Precursor substances" are defined according to a list which can be found here.

The crime is elevated to Unlawful Manufacture of a Controlled Substance in the First Degree if one commits the acts required for Manufacture in the Second Degree, and at least two of the following conditions are present:

  • 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.
  • A person under the age of 17 was present during the manufacturing process.

Unlawful Manufacture in the First Degree is a Class A felony. Ala. Code 13A-12-218.

Alabama Trafficking in a Controlled Substance

Trafficking, a very serious crime, is defined as distributing or possessing a large amount of controlled substances. The particular amount which triggers Trafficking varies by the substance. For marijuana, the minimum amount is 2.2 pounds. Ala. Code 13A-12-231. The more of the substance, the stiffer the penalties.

A Trafficking conviction requires mandatory minimum terms of day-for-day imprisonment beginning at three years, and fines of at least $25,000.00.

Anniston-Oxford Drug Defense Lawyers

If you've been charged with a drug crime, it's vital to be represented by a competent defense attorney. Our firm has experience in working with the local legal community on drug cases, and we have proven ourselves willing to fight for our client's interests through trial, if necessary. Call today to set up a free consultation and evaluation of your case.