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Being charged with a drug crime can be devastating. In addition to carrying stiff sentences, drug crimes can involve huge fines, often in the thousands of dollars. We have represented hundreds of clients charged with drug offenses and can help you through this difficult time. The following is a summary of some of the most commonly charged drug crimes.
Alabama Possession of a Controlled Substance
The Alabama Department of Public Health issues a list of substances, categorized under four schedules, which are deemed "controlled substances" subject to the Criminal Code. The complete list can be found here.
Unlawful Possession of a Controlled Substance is committed when a person possesses any of the substances listed in the state's controlled substances schedules (including, for example, cocaine, heroin, and methamphetamine). Ala. Code 13A-12-212. Possession of a Controlled Substance is a Class C felony.
Alabama Possession of Marijuana
A person is guilty of Possession of Marijuana in the Second Degree, a Class A misdemeanor, if she possesses marijuana for her personal use. Ala. Code 13A-12-214. If she possesses marijuana for reasons other than her personal use, or if she has been previously convicted of POM-2nd, then she is guilty of Possession of Marijuana in the First Degree, which is a Class C felony. Ala. Code 13A-12-213.
Alabama Drug Possession Penalties
The following guidelines are from the Code of Alabama, Section 13A-5-6, "Sentences of imprisonment for felonies."
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:
(1) For a Class A felony, for life or not more than 99 years or less than 10 years.
(2) For a Class B felony, not more than 20 years or less than 2 years.
(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.
(4) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony criminal sex offense involving a child as defined in Section 15 20 21(5), not less than 20 years.
(5) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony criminal sex offense involving a child as defined in Section 15 20 21(5), not less than 10 years.
(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law.
(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15 20 25.3, or where an offender is convicted of a Class A felony criminal sex offense involving a child as defined in Section 15 20 21(5), and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post release supervision to be served upon the defendant's release from incarceration.