Drug Crimes

Possession of Marijuana

Possession of Marijuana is still illegal in Alabama.  There are two different charges for possession of Marijuana; 1st and 2nd degree.

Possession of Marijuana 2nd Degree is charged when a person is found to be in possession of Marijuana without permission. Possession of Marijuana 2nd degree is a Class A misdemeanor.

Possession of Marijuana 1st is charged if the person has been previously convicted of Possession of Marijuana 2nd or it is determined that the Marijuana is for other than personal use.  Possession of Marijuana 1st Degree is a Class C Felony, if previously convicted of   Possession of Marijuana 2nd or Class D Felony if the conviction is possession for other than personal use.

Unlawful Possession or Receipt of Controlled Substance

Unlawful possession or receipt of controlled substances is the unauthorized possession of a controlled substance as listed on the Schedule of Controlled Substances or if controlled substances are obtained 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.   Unlawful possession or receipt of controlled substances is a class C felony.

Distribution of Controlled Substance

Unlawful distribution of controlled substances is possession of controlled substance, above amounts listed below, as listed on the Schedule of Controlled Substances with intent to distribute a controlled substance or the person sells, furnishes, gives away, delivers, or distributes a controlled substance as listed on the Schedule of Controlled Substances.  Unlawful distribution of controlled substances is a Class B felony.  If the person that the controlled substance distributed to is 18 years or younger it is a Class A felony.

Weight of controlled substance limits

  1. More than eight grams, but less than 28 grams, of cocaine or of any mixture containing cocaine.
  2. 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.
  3. More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine.
  4. 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.
  5. 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.
  6. 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.

Unlawful Manufacturing of Controlled Substance

Unlawful manufacture of controlled substance has two different charges, 1st and 2nd degree.

Unlawful Manufacturing of controlled substance 2nd degree is either the unauthorized manufacturing of a controlled substance as listed on the Schedule of Controlled Substances or the unauthorized Possession of precursor substances listed in Section 20-2-181, intent to unlawfully manufacture a controlled substance. Unlawful Manufacturing of controlled substance 2nd degree is a Class B felony.

Unlawful Manufacturing of controlled substance 1st degree is the unauthorized manufacturing of a controlled substance as listed on the Schedule of Controlled Substances and one of the following conditions present.  Unlawful Manufacturing of controlled substance 1st degree is a class A felony.

  1. Possession of a firearm.
  2. Use of a booby trap.
  3. 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.
  4. A clandestine laboratory operation was to take place or did take place within 500 feet of a residence, place of business, church, or school.
  5. A clandestine laboratory operation actually produced any amount of a specified controlled substance.
  6. A clandestine laboratory operation was for the production of controlled substance as listed on the Schedule of Controlled Substances
  7. A person under the age of 17 was present during the manufacturing process.

Suspension of Driver’s License

If you are convicted of the crimes listed below your Alabama driver’s license will be suspended for 6 months.

  1. Unlawful distribution of controlled substances under Section 13A-12-211.
  2. Conspiracy to unlawful distribution of controlled substances under Section 13A-12-211.
  3. Solicitation for the Unlawful distribution of controlled substances under Section 13A-12-211.
  4. Trafficking in specified substances under Section 13A-12-231.
  5. Conspiracy to Traffic in specified substances under Section 13A-12-231.
  6. Solicitation of the Trafficking in specified substances under Section 13A-12-231.
  7. Driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol under Sections 32-5A-191(a)(3) and 32-5A-191(a)(4).