An Overview of Alabama Drug Charges
The Alabama Criminal Code contains numerous Alabama drug charges ranging from simple possession of marijuana to more serious offenses such as the distribution of drugs or drug trafficking. Punishment and sentences for drug crimes are harsh and may be more severe than warranted. Because of the link between drug use and other criminal acts, law enforcement aggressively investigates and prosecutes drug charges.
Chase Dearman of the Dearman Law Firm has aggressively represented countless clients facing drug charges. Often he has been able to resolve serious drug charges with deferred prosecution programs, drug court, or alternative sentencing. If you or a loved one is facing Alabama drug charges, please contact criminal defense attorney Chase Dearman for an appointment to discuss the case.
Alabama Drug Possession Offenses
Possession of Marijuana Second Degree is the possession of marijuana for personal use, regardless of the amount. Marijuana possession second degree is a Class A misdemeanor. Possession of Marijuana in the First Degree is charged where the property is for other than personal use, or where the person charged has a prior second-degree marijuana possession. First-degree possession of marijuana is a Class C felony. Alabama Code § 13A-12-213 and 214.
Alabama Possession of Controlled Substance Offenses
Possession of any other controlled substance is a Class C felony in Alabama. Possession of a controlled substance includes, but is not limited to possession of heroin, cocaine, crack cocaine, methamphetamine, LSD, and ecstasy. A complete list of controlled substances is contained in the Alabama Code at § 20-2-20 through 20-2-31. Alabama drug charges also include the possession of prescription drugs such as Lortab, Xanax, and Klonopin where the person does not have a valid prescription. Also, it is unlawful to obtain a controlled substance by fraud, deceit or misrepresentation. Alabama Code § 13A-12-210 et seq.
Unlawful Manufacturing of Controlled Substance in Alabama
The Alabama Criminal Code also contains Alabama drug charges for the unlawful manufacturing of a controlled substance. The statute criminalizes the actual production of the controlled substance and also makes it illegal to possess “precursor substances” with intent to manufacture a controlled substance out of the precursor substances. An example of a precursor substance would be sinus medication containing Ephedrine or Pseudo-ephedrine. These are considered materials used in the manufacturing of methamphetamine.
Drug Distribution Charges in Alabama
It is illegal in Alabama to sell, furnish, give away, deliver, or distribute a controlled substance. All of the actions mentioned are classified as “distribution” for purposes of Alabama drug charges. An exchange of money or something of value does not have to occur. It is enough that a person transacts the controlled substance in any way. Alabama Code § 13A-12-211. Unlawful distribution of a controlled substance is a Class B felony in Alabama.
Possession of Drug Paraphernalia in Alabama
Alabama drug charges can result where a person is in possession of any equipment, material, or product that is used for making, growing, using, or otherwise producing a controlled substance, including marijuana. Alabama Code § 13A-12-260 contains a long list of items that can be considered drug paraphernalia under the right circumstances. Included in this list are such things as hypodermic syringes, scales, water pipes, bongs, and roach clips. Possession of Drug Paraphernalia is a Class A misdemeanor. Additionally, it is a Class B felony for any person 18 or over to deliver or give anyone who is under 18 and at least three years younger any item of drug paraphernalia.