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Alabama Marijuana Laws
Alabama currently criminalizes possession of any amount of marijuana, and the current state laws provide even harsher penalties for those individuals engaged in distribution or possession near schools. Persons arrested for marijuana possession should consult with a marijuana lawyer before their arraignment, or if a private marijuana attorney is not financially feasible, individuals should be provided court-appointed counsel. According to the DEA, the annual estimates regarding the retail value of marijuana harvested in the state of Alabama ranges from $889 million dollars to nearly $1.5 billion dollars from an estimated annual production of 205,763 pounds of marijuana.
Medical Marijuana Users?
In the state of Alabama, medical marijuana is not allowed, and therefore, possession of any amount will be treated as the applicable charges for criminal possession.
Non Medical Users:
Currently in the state of Alabama, all marijuana users are considered non-medical or recreational users. Alabama state lawmakers, however, have made attempts to change these laws, citing the expense to house small possession marijuana offenders and the burden on taxpayers, among other arguments thus far proving unheeded.
Penalties for Marijuana Use in Alabama:
|
Possession of 2.2 lbs. (1kg) or less |
Class A Misdemeanor |
Penalties include incarceration up to one (1) year with a fine of $6,000 dollars |
|
Possession of 2.2 lbs. (1kg) or less, as a second conviction |
Class C Felony |
Penalties include incarceration from one (1) year to ten (10) years with a fine of $15,000 dollars |
|
Possession of more than 2.2 lbs. (1kg) |
Felony |
Penalties include incarceration from one (1) year to ten (10) years with a fine of $15,000 dollars |
Penalties for Growing, Selling, and Trafficking:
Cultivation:
|
Less than 2.2 lbs (1kg) |
Felony |
Penalties include a three (3) year mandatory minimum sentence, with the potential of 10 to 99 years with fines up to $25,000 |
|
More than 2.2 lbs up to 100 lbs |
Felony |
Penalties include a five (5) year mandatory minimum sentence, with the potential of fines up to $50,000 |
|
More than 100 lbs up to 500 lbs |
Felony |
Penalties include a fifteen (15) year mandatory minimum sentence, with the potential of fines up to $200,000 |
|
More than 1000 lbs |
Felony |
Penalties include a life mandatory minimum sentence |
Sale:
|
Sale to minors |
Felony |
Penalties include incarceration of ten (10) years to life |
|
Sale within three (3) miles of a school or public housing project |
Felony |
Penalties include incarceration of five (5) years, which run consecutively and cannot be probated |
Trafficking:
|
First trafficking offense |
Felony |
Penalties include incarceration from 25 years to life, with fines ranging from $50,000 up to $1 million dollars |
|
Second trafficking offense |
Felony |
Penalties include a mandatory minimum sentence of life incarceration |
Penalties for Driving Under the Influence of Marijuana
The penalties for driving under the influence of marijuana are comparable to those for individuals found driving under the influence of any mind-altering substance, such alcohol. However, proving “under the influence” is difficult to quantify, given the state laws prohibiting any possession or use, therefore, arrests, and charges will be processed as a regular dui offense, with even more potential to dispute the charges than with the typical alcohol-related dui arrest. Additionally, individuals should note that any arrest for marijuana possession, sale, cultivation, or trafficking carries an administrative penalty of driver’s license suspension in the state of Alabama for a period of six (6) months.
Legal Help with a Marijuana Offense
If you are seeking legal help with a marijuana offense, a marijuana lawyer in the state of Alabama can help you resolve outstanding charges in the jurisdiction of your arrest. In most cases, possession arrests are dealt with in a rehabilitative manner, rather than punitive. Therefore, alternative sentencing arrangements may be procured through a favorable plea bargain. Defendants only with the appropriate legal counsel from a marijuana attorney typically receive these favorable outcomes.