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Alabama Marijuana Law, Regulation, Penalties, Attornies & Congressman

Alabama Marijuana Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Personal Use

Any amount Misdemeanor 1 year $ 6,000

Other Than Personal Use

Any amount Felony 1 year and 1 day* – 10 years $ 15,000
* Mandatory minimum sentence and fine

Sale

Any amount Felony 2* – 20 years $ 30,000
By a person over 18 to a minor Felony 10 years – life $ 60,000
Within 3 mile radius of a school or a public housing project Felony 5 years N/A
* Mandatory minimum sentence and fine

Trafficking

In excess of 2.2 lbs – less than 100 lbs Felony 3 years* $ 25,000
100 lbs – less than 500 lbs Felony 5 years* $ 50,000
500 lbs – less than 1,000 lbs Felony 15 years* $ 200,000
* Mandatory minimum sentence and fine

Cultivation

Manufacture 2nd Degree Felony 2* – 20 years $ 30,000
Manufacture 1st Degree Felony 10 years – life $ 60,000
* Mandatory minimum sentence and fine

Hash & Concentrates

Possession Felony 1 year and 1 day – 10 years $ 15,000
Manufacture 2nd Degree Felony 2 – 20 years $ 30,000
Manufacture 1st Degree Felony 10 years – life $ 60,000

Paraphernalia

Use or possession of paraphernalia with intent to use Misdemeanor 1 year $ 6,000
Delivery or sale Misdemeanor 1 year $ 6,000
Use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance Felony 1 year and 1 day – 10 years $ 15,000
Subsequent violation of delivery or sale Felony 1 year and 1 day – 10 years $ 15,000
Delivery or sale to a minor Felony 2 – 20 years $ 30,000

Miscellaneous

A marijuana conviction will result in a 6 month driver’s license suspension.
Carly’s Law is an affirmative and complete defense for the parent or caretaker of an individual who has a prescription for the possession and use of cannabidiol (CBD).

Penalty Details

Possession for Personal Use

In Alabama, marijuana for “personal use only” is a Class A Misdemeanor, punishable by a maximum sentence of 1 year and a maximum fine of $6,000.

Marijuana possessed for reasons other than “personal use,” or if the offender has been previously convicted of marijuana possession for “personal use” only, is unlawful possession of marijuana in the first degree and is a Class C felony, punishable by a prison sentence of a minimum of one year in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000.

See

  • Code of Alabama §13A-5-6
  • Code of Alabama §13A-5-7
  • Code of Alabama § 13A-5-11
  • Code of Alabama §13A-5-12
  • Code of Alabama §13A-12-2
  • Code of Alabama §13A-12-214
  • Code of Alabama §13A-12-214.2
  • Code of Alabama Section §20-2-23

Sale

Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000.

The sale to a minor is a felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000.

Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment.

* The imposition of the sentence will not be suspended and probation will not be granted.

See

  • Code of Alabama §13A-5-6
  • Code of Alabama §13A-5-11
  • Code of Alabama §13A-12-211
  • Code of Alabama §13A-12-215
  • Code of Alabama §13A-12-250
  • Code of Alabama §13A-12-270

Cultivation

Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the “Possession for Personal Use” section for further penalty details.

Unlawful manufacture of a controlled substance in the 2nd degree. The manufacturing of a controlled substance under Schedules I. Unlawful manufacture of a controlled substance in the second degree is a Class B felony.

See

  • Code of Alabama §13A-12-217

Unlawful manufacture of a controlled substance in the 1st Degree. Unlawful manufacture in the 2nd Degree AND any of the following two:

 

  • 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.

See

  • Code of Alabama §13A-12-218

Trafficking

The sale, cultivation, or manufacture of 2.2 lbs- 100 pounds is considered trafficking and is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a possible sentence of 10-99 years, as well as a maximum fine of $25,000.

The sale, cultivation, or manufacture of 100 pounds- 500 pounds is a felony punishable by a mandatory minimum sentence of 5 years and a maximum fine of $50,000.

The sale, cultivation, or manufacture of 500 pounds-1,000 pounds is a felony punishable by a mandatory minimum sentence of 15 years and a maximum fine of $200,000.

See

  • Code of Alabama § 13A-12-231

Hash & Concentrates

In Alabama, hashish and THC concentrates are Schedule 1 substances.

Possession of a Schedule I substance is a Class C felony. A conviction for a Class C felony results in a sentence of 1year and one day to 10 years. This differs from Alabama’s treatment of marijuana because with hashish there is no lesser penalty for personal use. Possession of hashish or concentrates in Alabama will be a Class C felony even if the compound would have been for personal use.

Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. A Class B felony conviction is punishable by a term of imprisonment between 2 – 20 years and a fine no greater than $30,000. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture.

Manufacture of a Schedule I substance is a Class A felony if two or more of these factors are met:

 

  • The manufacture occurred within 500 feet of a school, church, place of business, or home;
  • During the manufacture a person 17 years old or young was present;
  • The manufacture produced any amount of a Schedule I substance;
  • A firearm was present;
  • There was the use of a booby trap;
  • A danger was created during the transportation or delivery of dangerous materials necessary for the manufacture that posed a risk to human health or safety.

Class A felonies conviction is punishable by a term of imprisonment between 10 – 99 years and a fine no greater than $60,000 or twice the value of manufacturing materials and products.

See

  • Code of Alabama §13A-5-6
  • Code of Alabama §13A-5-11
  • Code of Alabama §13A-12-212
  • Code of Alabama §13A-12-217
  • Code of Alabama §13A-12-218
  • Code of Alabama §20-2-23

Sale, furnishing, or giving a Schedule I substance by a person over 18 to a person under 18 is a Class A felony, punishable by a term of imprisonment between 10-99 years and a fine no greater than 60,000 or twice the value of the concentrate involved.

See

  • Code of Alabama §13A-12-215

Paraphernalia

Sale or possession of paraphernalia is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $6,000.

Sale of paraphernalia to a minor 3 or more years younger than the seller is a Class B felony punishable by 2-20 years imprisonment and a maximum fine of $30,000.

See

  • Code of Alabama §13A-5-6
  • Code of Alabama §13A-5-7
  • Code of Alabama §13A-5-11
  • Code of Alabama §13A-5-12
  • Code of Alabama §13A-12-260

Miscellaneous

A marijuana conviction will result in a 6 month driver’s license suspension.

See

  • Code of Alabama §13A-12-290
  • Code of Alabama §13A-12-291
Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC for any “medical condition” for which a physician recommends it.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Alabama Drugged Driving

In Alabama, a person is guilty of a DUI if he or she (1) operates a motor vehicle while under the influence of a controlled substance to a degree which renders him or her incapable of driving safely, OR (2) operates a motor vehicle under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of driving safely. Ala. Code Ann. §§ 32-5a-191(a)(3)-(4) (West 2010).

Affirmative Defense

The fact that any person charged with DUI is legally entitled to use a controlled substance does not constitute a defense against any charge of violating this section. Id. § 32-5a-191(d).

Implied Consent

In Alabama, a person suspected of driving while under the influence of alcohol has, by virtue of driving in the state, consented to provide a sample of breath, blood or urine to police for testing in order to determine the amount of alcohol in his or her system. However, implied consent law does not require that an individual suspected of driving under the influence of marijuana or controlled substance submit to a chemical test in order to screen for the presence of drugs in his or her body. Ergo, in Alabama a chemical sample from an accused person should only be given on a voluntarily basis, and no penalties or sanctions apply for refusal to submit to chemical testing for drugs.

An exception applies if a motorist is involved in an accident that causes serious physical injury. In such a case, state can take blood sample to test for cannabis impairment. Id. § 32-5A-192.1(a).

Penalties

  • First offense – imprisonment for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or both; license suspension for a period of 90 days.Ala. Code Ann. § 32 § 32-5a-191(e) (West 2010).
  • Second offense (w/i five years) – fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor, for not more than one year; mandatory imprisonment of not less than five days or community service for not less than 30 days; license suspension for a period of one year. Id. § 32-5a-191(f).
  • Third offense – fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100); imprisonment, which may include hard labor, for a mandatory minimum of 60 days, but not to exceed one year; license suspension for a period of three years. Id. § 32-5a-191(g).
  • Fourth or subsequent offense Class C felony – fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100); imprisonment of not less than one year and one day, but not to exceed 10 years (the sentence may be suspended, but only if defendant enrolls and successfully completes a state certified chemical dependency program); license suspension for a period of five years. Id. § 32-5a-191(h).

Other Penalties & Penalty Enhancers

  • DUI with child under 14 in the vehicle doubles minimum punishment. Id. § 32-5a-191(n).

Sobriety Checkpoints

Alabama allows law enforcement officials to conduct roadblocks under the Federal Constitution.

  • Roadblock set up for purpose looking for intoxicated drivers does not violate constitution if carried out with a specific plan and in such a way that only minimal wait is involved for each motorist. Smith v. State, 515 So.2d 149(1987)
  • Turning around before approaching checkpoint, without possibility that turn was in order to avoid delays associated with checkpoint, provides an officer with reasonable suspicion in order to justify an investigatory stop. State v. White,28 So.3d 827(2009).

Case Law

Leu v. City of Mountain Brook, 386 So.2d 483 (Ala.Crim.App.1980) – Driving after ingesting a drug which renders driver incapable of safely driving is a violation of state law.

Raper v. State, 584 So.2d 544 (Ala.Crim.App.1991) – To convict, the prosecution must prove that defendant was under the influence of a substance to the extent that it affected his or her ability to operate the vehicle in a safe manner.

Lunceford v. City of Northport, 555 So.2d 246 (Ala.Crim.App.1988) — Implied consent law does not apply on private property. Production of a breath sample is voluntary on private property.

Krumm v. City of Robertsdale, 648 So.2d 651 (Ala.Crim.App.1994) – Evidence that defendant was in possession of marihuana was inadmissible. Defendant was charged with driving under the influence of alcohol, not driving under the influence of both alcohol and a controlled substance. Probative value evidence of possession did not outweigh its potential prejudicial effect.

Alabama Hemp Law

Year Passed: 2016
Summary:  Authorizes the Department of Agriculture and Industries to administer an industrial hemp research program. Allows the department or an institution of higher learning to apply for a permit or waiver to grow industrial hemp for the manufacture of hemp products. Revises the definition of marijuana in the controlled substances law to exclude industrial hemp. The law took effect August 1st, 2016.
Statute: AL Gen. Laws § 20-2-2 (2016) 

Marijuana Lawyers in Alabama

Skip Brutkiewicz

251-694-0011

Skip Brutkiewicz

56 S. Conception St.

Mobile, AL

251-694-0011

Phone: 251-694-0011

Steven Douglas Eversole

205-981-2450

Steven Douglas Eversole

Eversole Law, LLC
850 Corporate Parkway Suite 114

Birmingham, AL 35242

www.eversolelawfirm.com

Phone: 205-981-2450

David Savage Luker

Lifetime Member,
Legal Committee

John Michael Barclay

205-488-2797

John Michael Barclay

Barclay Law LLc
2100 Morris Ave

Birmingham, AL35203

Phone: 205-488-2797

David Savage Luker

205-251-6666

David Savage Luker

David S. Luker, P.C. & Associates
2205 Morris Ave

Birmingham, AL 35203

www.lukerlawpc.com

Phone: 205-251-6666

Alabama Tax Stamps

Stamp
State Code §40-17A
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of Tax Class C Felony
Additional Information
Tax withstood constitutional challenge in 1991 on the grounds of self-incrimination in Briney v. State Department of Revenue, 594 So. 2d 120.

Tax withstood constitutional challenge in 1994 on the grounds of double jeopardy in Milner v. State, 658 So. 2d 500.

Alabama Congress

Senate Bills

Daines/Merkley Veterans Equal Access Amendment

Permits physicians affiliated with the US Department of Veterans Affairs (VA) to recommend cannabis therapy to veterans in states that allow for its therapeutic use.

Mikulski Amendment Protecting State Medical Marijuana Laws

Limits the Justice Department’s ability to take criminal action against state-licensed operations that are acting in full compliance with the medical marijuana laws of their states.

Merkley Marijuana Banking Amendment

Prohibits the US Treasury Department from using federal funds to take punitive actions against banks that provide financial services to marijuana-related businesses that are operating legally under state laws.’N/A’ means that the Senator did not have the opportunity to vote on this amendment.

Senators

Jeff Sessions (R)

ALABAMA

 

Grade: F

Votes

Comments

“You have to have leadership from Washington. You can’t have the President of the United States of America talking about marijuana … you are sending a message to young people that there is no danger in this process. It is false that marijuana use doesn’t lead people to more drug use. It is already causing a disturbance in the States that have made it legal.” 3/7/2016 During a discussion of the Comprehensive Addiction and Recovery Act of 2015

Richard Shelby (R)

ALABAMA

 

NORML Grade: F

Votes

Comments

(Link)
6/2/2014 “Sen. Shelby opposes legalizing marijuana, and would therefore oppose such a provision. However, he has not been approached about including anything related in the Senate’s version,” said Jonathan Graffeo, spokesman for Mr. Shelby. (Related to Rohrabacher 2014 amendment)

 

House Bills

Veterans Equal Access Amendment

Permits physicians affiliated with the US Department of Veterans Affairs (VA) to recommend cannabis therapy to veterans in states that allow for its therapeutic use. More info

McClintock/Polis Amendment

Seeks to halt Justice Department interference among individuals and businesses engaged in state-compliant transactions particular to both the medical or recreational use of cannabis. More info

Rohrabacher/Farr Amendment

Prohibits the Department of Justice from interfering with state medical marijuana programs and the patients who rely on them. More info.

House of Representatives

Mo Brooks (R)

ALABAMA

 

Grade: B

Votes

Comments

“We’re going to have a test case that will help us better understand what the effect of the legalization of marijuana is… For example, student test scores: are the test scores going up or are they going down?… There’s no way in the world that I have the kind of experience that the President of the United States has with alcohol, marijuana and other hard drugs. He’s got personal experience. I don’t, with those kinds of very dangerous substances.”

Mike Rogers (R)

ALABAMA

 

Grade: B

Votes

No sponsorships or comments

Gary Palmer (R)

ALABAMA

 

Grade: C

Votes

Comments

Representative Gary Palmer is mentioned in a news article. ” As a retired army officer who suffers from PTSD, the audience member wanted t