A drug possession or trafficking charge (for marijuana or other drugs) in Alabama can be more complicated than most think. If you are facing charges relating to drug possession or trafficking – you should contact a defense lawyer as quickly as possible. Unlawful possession or trafficking charges in Alabama are based on either the possession/ trafficking of a controlled substance or possession/ trafficking of marijuana. Possession can be actual (i.e., in your pocket) or constructive (i.e., in the floorboard of a car in which you are one of a number of passengers). Possessing a prescription drug but not the actual prescription (the bottle is sufficient to establish lawful possession as long as the information is still visible on the outside of the bottle) is a misdemeanor offense called “illegal possession of a prescription drug.” Controlled substances are identified in the Alabama Code. The possession of a listed drug, absent a prescription, is considered a Class C felony in Alabama. If the drug requires a prescription, have a prescription if you have the drug. Alabama’s penalties for the possession of a controlled substance are Class C felonies, meaning that they are punishable by 1 to 10 years in prison and a fine of up to $15,000. Possession of marijuana is a misdemeanor on the first offense unless it is upgraded to a felony based on the amount possessed or the way it is packaged (indicating that it is for other than personal use or for resale). Possession of marijuana in excess of 2.2 pounds (or 1 kilogram) constitutes drug trafficking and carries a minimum mandatory 3 years in prison. Felons also risk losing their right to vote and freedom to possess a firearm. Historically, a conviction for possession also carried a suspension of your Alabama driver’s license but a recent change in the law makes this no longer applicable. For first time offenders of possession charges – there are often options available to you that can even leave you without a conviction on your record.
If you or a loved one have been accused of drug possession or trafficking – contact a drug defense lawyer from our team to schedule a free phone or office consultation. We have decades of combined experience defending drug cases similar to yours throughout Huntsville, Decatur, Athens, and North Alabama areas. Get started today by calling (256) 539-4464 or completing a case evaluation form online.
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