Alabama Drug Laws and Penalties 2024 Explained

Every year, new drug legislation is introduced and passed throughout the United States. As our legal system’s definition of drug crimes evolves, a review of Alabama drug laws and penalties can prepare you if you find yourself accused of a drug crime.

In April 2024, Alabama passed a law allowing individuals who sold fentanyl to someone who died of a fentanyl overdose to be charged with manslaughter. This latest piece of drug legislation reinforces Alabama’s commitment to penalizing drug crimes and curtailing their impact on its citizens.

Types of Drug Offenses in Alabama

The Criminal Code of Alabama defines drug offenses as acts of solicitation, unauthorized possession, sale, and trafficking of mind and body-altering substances, including controlled substances, marijuana, and other chemical compounds.

Alabama follows federal guidelines which detail what constitutes a controlled substance. Drugs are classed within one of five schedule categories, with Schedule I substances being the most prone to abuse (i.e., heroin) and Schedule V substances being the least (i.e., cough medicine with codeine).

Specific sections of the Criminal Code describe which chemical compounds are considered criminal when found in a person’s possession, including cannabidiol and hallucinogens. These substances are often subject to strict regulations, and possession of them can lead to serious legal consequences. If you are facing charges related to the possession of controlled substances, including those like cannabidiol or hallucinogens, it is crucial to consult with an experienced drug crime lawyer. A skilled lawyer can help you navigate the complexities of drug-related charges and work to protect your rights throughout the legal process.

The state of Alabama can charge an individual with the following drug crimes:

• Possession of controlled substances (Schedule I to V), marijuana, and chemical compounds;
  • for use and obtained through illegal means.
  • with the intent to distribute unless otherwise authorized.
• Sale of controlled substances to a person under 18 by a person above the age of 18.
• Manufacturing of controlled substances.
• Drug trafficking is the importation, sale, and distribution of large quantities of illicit substances.
• Use, sale, possession, or transportation of drug paraphernalia.
• Commission of fraud to obtain a controlled substance.

The amount that qualifies as distribution for each substance is also specified. The possession of any amount of marijuana is illegal in the state of Alabama as of 2024.

Penalties for Drug Offenses in Alabama

Penalties for drug offenses are governed by Alabama’s Sentencing Commission, which provides sentencing standards based on the category of the drug offense as defined by the Code of Alabama. Additional elements, including prior convictions and aggravating factors, are considered when imposing penalties for drug crimes. If you are facing drug charges in Alabama, consulting with an experienced criminal defense attorney is crucial. A skilled defense lawyer can help you understand the sentencing guidelines, explore potential mitigating factors, and build a defense strategy aimed at minimizing penalties or securing a more favorable outcome in your case.

The following is a list of drug crimes categorized under the type of crime, with Class A felonies comprising the most serious of crimes and Class A misdemeanors representing lesser drug crimes.

Class A Felonies:

• Providing a controlled substance to a person under 18
• Manufacturing a controlled substance in the first degree
• Drug trafficking

Class B Felonies:

• Unlawful sale or distribution of controlled substances or possession with intent to distribute
• Manufacturing of a controlled substance in the second degree
• Delivering drug paraphernalia to a person below the age of 18

Class C Felonies:

• Possession of marijuana in the first degree (not for personal use)
• Transportation or sale of drug paraphernalia

Class D Felonies:

• Possession of a controlled substance for personal use and obtained unlawfully
• Possession of marijuana for personal use after a previous conviction of second-degree possession of marijuana

Class A Misdemeanors:

• Possession of marijuana in the second degree (for personal use)
• Use or possession of drug paraphernalia

Charges of conspiracy and solicitation may be added to controlled drug charges, and additional penalties are assessed if an unlawful drug sale takes place near a school or within a certain distance of a public housing project.

Defendants convicted of possession with intent to distribute controlled substances, drug trafficking, criminal solicitation, or criminal conspiracy to commit drug trafficking may face a license suspension of up to 6 months.

A drug charge in Alabama may be classified as a more serious felony depending on the evidence obtained by the state. Additional aggravating factors are considered when prosecuting a drug crime, including the age of the people involved and the quantities seized.

A skilled criminal defense attorney with knowledge of Alabama drug laws may be able to challenge the severity of the charges or obtain a plea to have charges reduced from a felony to a misdemeanor, depending on the crime.

FAQs

What Is the Punishment for Drug Possession in Alabama?

The punishment for drug possession in Alabama varies. A state prosecutor may bring different drug charges based on the type of substance, if a person is suspected of possessing it or intends to sell it, and whether this is a first-time offense or not. Drug crimes related to children and drug trafficking carry stronger penalties, while possession of marijuana for personal use is considered a misdemeanor.

Do First-Time Drug Offenders Go to Jail in Alabama?

Punishment is set based on Alabama’s sentencing guidelines. When determining sentences, judges must consider multiple factors. Drug felonies typically all carry a minimum jail sentence, so if you are convicted of a drug felony, you will likely go to jail. A person convicted of a misdemeanor drug crime might not face jail time if this is a first-time offense.

At What Amount Does Possession Become a Felony in Alabama?

Possession of any amount of a controlled substance is considered a felony. The number of grams of a controlled substance found in someone’s possession is only used to determine whether the person intends to sell or is engaging in drug trafficking.

Marijuana possession is considered a felony if a defendant intends to distribute or sell it or if they are convicted a second time for possessing marijuana for personal use.

How Do I Beat a Possession Charge in Alabama?

Beating a drug possession charge is possible with the help of a skilled criminal defense attorney who has worked on drug crimes. A drug crime lawyer may be able to challenge your ownership of the drugs. They may also be able to show that police did not have probable cause to search the area where the drugs were found or that the drugs were legally obtained.

Hire an Alabama Drug Crimes Attorney Today

Drug crimes are defined differently from one state to another. If you are accused of a drug offense in Alabama, you need a knowledgeable attorney by your side who has worked with similar charges in Alabama. Our skilled team at The Law Office of Brad Phillips, LLC, can provide the legal support you need to fight against a drug charge or conviction in Alabama. Schedule a consultation today to talk to one of our criminal defense attorneys.