Alabama Drug Crimes Laws

In Alabama there are several classes of drugs that range from misdemeanors to crimes that have mandatory minimum sentences.  Many of the drug crimes cause the suspension of driver’s license  upon conviction or guilty plea.  It is important to seek advice from a lawyer involved as soon as possible if arrested for a drug crime.

Unlawful possession of Marihuana or Marijuana

Unlawful Possession of Marijuana is divided into two different classes called Degrees, each with its own definition and range of punishment.

Unlawful Possession of Marijuana 2nd degree is a Class A Misdemeanor and is defined as;

  • Possession of Marijuana for personal use only.
  • A Guilty plea or conviction will result in the suspension of license for a minimum of 6 months.

Unlawful Possession of Marijuana 1st degree is a Class C Felony and is defined as;

  • Possession of Marijuana for other than personal use; or
  • Possession of Marijuana for personal use only after having been previously convicted of unlawful possession of marijuana in the second degree or unlawful possession of  Marijuana for his personal use only.
  • A Guilty plea or conviction will result in the suspension of license for a minimum of 6 months.

Unlawful possession of a Controlled Substance

What is considered a Controlled Substance is determined by the Alabama State Board of Health and are published in the Alabama Controlled Substance List maintained by the Alabama Department of Public Health.  It is divided up into 5 sections called Schedules.  The list is updated from the Board of Health and also the Federal Government’s Controlled Substances Schedules

Unlawful Possession of a Controlled Substance is a Class C Felony and is defined as:

  • Except as otherwise authorized, a person possesses a controlled substance enumerated in Schedules I through V.
  • A person obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules I through V or a precursor chemical.
  • A Guilty plea or conviction will result in the suspension of license for a minimum of 6 months.

Unlawful distribution of controlled substances

Unlawful distribution of controlled substance sand Intent to Distribute are Class B Felony and is defined as:

  • If, except as otherwise authorized, a person sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V.
  • 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:
  • More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine.
  • More than two grams, but less than four grams, of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin.
  • More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine.
  • 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.
  • 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.
  • 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.
  • A Guilty plea or conviction will result in the suspension of license for a minimum of 6 months

Unlawful manufacture of a controlled substance

Unlawful manufacture of a controlled substance is divided into two different classes called Degrees, each with its own definition and range of punishment.

Unlawful manufacture of a controlled substance 2nd Degree is a Class B Felony and is defined as;

  • If, except as otherwise authorized in state or federal law, a person:
  • Manufactures a controlled substance enumerated in Schedules I to V, inclusive.
  • Possesses precursor substances in any amount with the intent to unlawfully manufacture a controlled substance.

Unlawful manufacture of a controlled substance 1st Degree is a Class B Felony and is defined as;

  • If, except as otherwise authorized in state or federal law, a person:
  • Manufactures a controlled substance enumerated in Schedules I to V, inclusive.
  • Possesses precursor substances 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.
  • A person under the age of 17 was present during the manufacturing process.

Possession of Drug Paraphernalia

Possession of Drug Paraphernalia is a Class A Misdemeanor and is defined as:

  • A person possessing any equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of this state.

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