Marijuana Laws in Alabama:
Possession of any amount of cannabis for personal use is illegal in the State of Alabama. Related convictions are punishable by both fines and possible jail time.
Alabama, however, has enacted a medical CBD law. The law allows those within the state with debilitating, chronic epileptic conditions to be treated using marijuana extracts. These cannabis products must be high in CBD, with low THC levels.
The state has also enacted Carly’s Law. This allows caretakers or parents of those prescribed CBD by physicians to use Carly’s Law as a complete and affirmative defense for buying and possessing CBD products.
Possessing Marijuana in Alabama
It is a felony to possess cannabis for any reason other than “personal use.” The same goes for any offender previous found guilty of possessing cannabis for personal use. In both cases, these felonies are punishable by a fine up to $15,000 and a prison mandatory minimum sentence of no less than one year and one day, but no more than 10 years.
Possession of any Schedule I drug in Alabama is a felony, including marijuana. The penalties are the same even if the charge was related to personal use. Possessing concentrates or hash is also a felony, even when personal use was the reason for having it.
Selling Marijuana in Alabama
Alabama considers the sale of any controlled substance to be a felony. This crime is punishable by a fine up to $30,000 and a mandatory minimum sentence of 2 years, but no more than 20 years in prison. This mandatory minimum cannot be suspended, and probation is not allowed.
Selling cannabis to a minor is a punishable felony. It comes with a fine up to $60,000 and carries a sentence between 10 years to life in prison.
If a person is convicted of selling marijuana within 3 miles of a public housing project or school, they are guilty of an additional felony. This added crime is punishable by an addition 5-year prison sentence.
Any adult who gives, furnishes or sells any Schedule I substance, including cannabis, to someone under 18 years old has committed a Class A felony. This is a very serious offense in Alabama, which is punishable by a fine up to $60,000 or 2 times the value of the involved concentrate. These offenders also face prison terms between 10-99 years.
Selling drug paraphernalia is a misdemeanor in Alabama, punishable by a fine up to $60,000 and up to 1-year incarceration. If an adult sells paraphernalia to a minor more than three years younger, that adult is guilty of a felony that results in a fine up to $30,000 and 2-20 years in prison.
Cannabis trafficking is the manufacture, cultivation and/or sale of large quantities of marijuana. These felony crimes are punishable in Alabama as follows:
• Between 2.2 to 100 pounds = Fine up to $25,000 and mandatory minimum sentence of 3 years
• Between 100 to 500 pounds = Fine up to $50,000 and mandatory minimum sentence of 5 years
• Between 500 to 1,000 pounds = Fine up to $200,000 and mandatory minimum sentence of 15 years
Growing and Manufacturing Marijuana in Alabama
There are two ways that Alabama courts handle marijuana cultivation charges:
1. Simple possession
2. Possession with intent to distribute
The courts may find that, because of the amount of marijuana being grown or manufactured, the defendant was growing cannabis for reasons besides personal use. In this case, the finding will be possession of marijuana with the intent to distribute it.
Unlawful manufacture of a controlled substance in Alabama is a felony, punishable with mandatory minimum sentencing as follows:
• Manufacture in the 2nd degree = Fine up to $30,000 and mandatory minimum sentence of 2 years, but no more than 20 years in prison
• Manufacture in the 1st degree = Fine up to $60,000 and a sentence of 10 years to life in prison
Manufacturing THC concentrates and hashish in the State of Alabama is considered manufacturing a controlled substance in the second degree. This crime comes with a fine up to $30,000 and a prison term of 2-10 years.
The manufacture of a Schedule I substance, including marijuana and cannabis products, is a Class A felony the case involves two or more of the following factors:
• Happened within 500 feet of a home, business, church or school
• Involved a person 17 years old or younger
• Booby trap used
• Firearm present
• Any type of Schedule I substance was produced
Using Marijuana in Alabama
Manufacturing, selling or possessing cannabis or cannabis products for personal use in the State of Alabama is illegal. Therefore, it is illegal to use marijuana and derivatives within the state for anything other than medical reasons.
Alabama has passed a medical CBD law, which is strictly enforced. This law allows qualified patients suffering from debilitating, severe, chronic epileptic conditions use cannabis extracts for treatment purposes. These extracts must contain low THC and high CBD levels.
In order for a person become a qualified patient in Alabama, she/he must take part in a clinical trial sponsored by the state. These patients will have controlled access to CBD products. They are also protected from any laws possession laws, even though they will possess the substances outside the environment of the clinical trial.
Breaking the Marijuana Laws in Alabama
Any marijuana conviction within Alabama will result in automatic driver’s license suspension for 6 months. The state courts punish all Class A felonies severely. These convictions are punishable by fines up to $60,000 or double the value of the manufacturing products or materials.
The State of Alabama has enacted a cannabis tax stamp law. This law mandates that anyone in possession of cannabis is required legally to buy and affix a stamp issued by the state on the contraband.
Alabama’s tax stamp rate is $3.50 per gram if the possession involves more than 42.5 grams. In this state, failure to follow this law is a felony.
Marijuana legislation can be complicated, but Jenny Bloom is always up for the task. Although not a lawyer, her experience as a reporter and PR specialist helps her understand legalese – especially when it relates to growing marijuana. A passionate supporter of legalization and home... [read more]