Marijuana usage is becoming more common and widespread across the country, especially now that it’s legal for recreational use in eight states – and growing. However, Alabama has essentially none of these legalization or decriminalization laws. Therefore, almost all forms of marijuana possession, sale, or trafficking in Alabama is illegal. The laws are still strict and categorize marijuana as a Class 1 drug, the same as heroin or cocaine. This means the repercussions of being caught with pot could quickly land you in jail.
Possession of marijuana for personal use is only a Class A misdemeanor (possession in the second degree). However, this is the highest misdemeanor in Alabama. Someone commits the crime of unlawful possession of marijuana in the second degree if they possess marijuana “for his or her personal use only.” Individuals who are caught for the first time with a small amount (under an ounce) cannot be sentenced to more than a year in jail, but could still pay up to a $6,000 fine. Paraphernalia such as bongs and glass pipes can also get a person the same sentence if it appears to have been used for anything other than tobacco.
Marijuana concentrates holds a higher, more serious punishment of more than a year in jail and up to a $15,000 fine. Not to be confused with oil or hash, CBD is a sibling of marijuana but has no THC properties and has been legal in Alabama since 2014. It can be purchased in some select stores and online.
Please be advised that all situations are different when it comes to marijuana possession and charges. If you or someone you know has been caught with any amount of the drug, please contact us at Sheffield and Lentine immediately for representation in Birmingham, Alabama.
205 N. 20th St., Suite 915
Birmingham, AL 35203-4705