Each state has different laws in regards to marijuana possession, trafficking, and sale. Some states allow the possession of marijuana for medical purposes while others do not. Alabama does not recognize any possession of marijuana, for medical or personal use, as legal under any circumstances.
Obtaining marijuana from another state for medical purposes will also result in criminal charges. Certain attorneys specialize in marijuana cases and are available if afforded. When an individual is charged with marijuana offenses, he or she should contact an attorney for advisement prior to his or her arraignment.
The type of punishment an individual will receive for marijuana depends on prior offenses and the circumstances surrounding the offense. Personal possession of 2.2 pounds or less will amount to a Class A Misdemeanor offense for a first-time offender, with incarceration up to a year and a six thousand-dollar fine.
A second or following offense will amount to a Class C Felony offense, with incarceration possibilities between on year and ten years and a fine of fifteen thousand dollars. Possessing more than 2.2 pounds will automatically result in a felony offense, even for first-time offenders.
The sale of less than 2.2 pounds of marijuana will result in a Class B Felony offense for all adult offenders. Punishments can include incarceration between three years and life in prison as well as a fine between twenty-five thousand dollars and two hundred thousand dollars.
Selling marijuana to a minor will result in Class A Felony offense charges rather than Class B Felony charges. These felony charges can include incarceration between five years and life. The sale of marijuana on school grounds or within a three-mile distance of a campus will result in five years of incarceration.
Marijuana trafficking has more severe consequences that are based on pound amount. Trafficking one kilo to one hundred pounds will result in three years of incarceration with an automatic fine of twenty-five thousand dollars. Trafficking one hundred to five hundred pounds of marijuana will result in five years incarceration as well as an automatic fine of fifty thousand dollars.
Trafficking poundage between five hundred and one thousand will result in fifteen years in prison and a fine of two hundred thousand dollars. Any trafficking of over one thousand pounds will result in life in prison without the possibility of parole. Some subsequent trafficking offenses can result in mandatory sentencing of life in prison.
Alabama also has laws in regards to driving under the influence of marijuana. These kinds of offenses are normally treated as severe as driving under the influence of alcohol. Because it is difficult to prove than an individual is under the influence of marijuana, many charges cannot be maintained. Possession charges will normally follow under the influence charges because literal evidence can be provided.
As no blood alcohol content level is possible, evidence of physical appearance, field testing, and driving patterns are often used. Any person who is arrested and charged for any kind of marijuana offense will automatically have his or her driver’s license suspended for six months, even if the offense did not include a motor vehicle.