- Local Decriminalization
- Drugged Driving
- Low THC
- Mandatory Minimum Sentence
- Medical Marijuana
- Tax Stamps
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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Personal Use |
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| Any amount | Misdemeanor | 1 year | $ 6,000 |
| If previous non-personal conviction | Felony | 1 year and 1 day* - 5 years | $ 7,500 |
Other Than Personal Use |
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| Any amount | Felony | 1 year and 1 day* - 10 years | $ 15,000 |
| * Mandatory minimum sentence and fine | |||
Sale |
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| Any amount | Felony | 2* - 20 years | $ 30,000 |
| By a person over 18 to a minor | Felony | 10* - 99 years | $ 60,000 |
| Within 3 mile radius of a school or a public housing project | Felony | 5 years | N/A |
| * Mandatory minimum sentence and fine | |||
Trafficking |
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| In excess of 2.2 lbs - less than 100 lbs | Felony | 3 years* | $ 25,000 |
| 100 lbs - less than 500 lbs | Felony | 5 years* | $ 50,000 |
| 500 lbs - less than 1,000 lbs | Felony | 15 years* | $ 200,000 |
| 1,000 lbs or more | Felony | Life* | N/A |
| * Mandatory minimum sentence and fine | |||
Cultivation |
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| Manufacture 2nd Degree | Felony | 2* - 20 years | $ 30,000 |
| Manufacture 1st Degree | Felony | 10* - 99 years | $ 60,000 |
| * Mandatory minimum sentence and fine | |||
Hash & Concentrates |
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| Possession | Felony | 1 year and 1 day - 5 years | $ 15,000 |
| Manufacture 2nd Degree | Felony | 2 - 20 years | $ 30,000 |
| Manufacture 1st Degree | Felony | 10* - 99 years | $ 60,000 |
| * Mandatory minimum sentence and fine | |||
Paraphernalia |
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| Use or possession of paraphernalia with intent to use | Misdemeanor | 1 year | $ 6,000 |
| Delivery or sale | Misdemeanor | 1 year | $ 6,000 |
| Use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance** | Felony | 1 year and 1 day - 10 years | $ 15,000 |
| Subsequent violation of delivery or sale | Felony | 1 year and 1 day - 10 years | $ 15,000 |
| Delivery or sale to a minor at least 3 years junior | Felony | 2 - 20 years | $ 30,000 |
| ** With possession of a firearm adds additional incarceration and fine. | |||
Miscellaneous |
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| A marijuana conviction will result in a 6 month driver's license suspension. | |||
Penalty Details
Possession for Personal Use
In Alabama, marijuana for “personal use only” is a Class A Misdemeanor, punishable by a maximum sentence of 1 year and a maximum fine of $6,000. A conviction of marijuana for “personal use” after a previous non-personal use conviction is a Class D felony punishable by a minimum of one year and 1 day and a maximum sentence of 5 years in prison along with a maximum fine of $7500.
Marijuana possessed for reasons other than “personal use,” is a Class C felony, punishable by a prison sentence of a minimum of one year and one day in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000.
- Code of Alabama §13A-12-214
- Code of Alabama §13A-12-213
- Code of Alabama §13A-12-211
- Code of Alabama §13A-12-215
Sale
Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000.
The sale to a minor is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000.
Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment.
- Code of Alabama §13A-12-211
- Code of Alabama §13A-12-215
- Code of Alabama §13A-12-250
- Code of Alabama §13A-12-270
Trafficking
The sale, cultivation, or manufacture of 2.2 lbs – 100 pounds is considered trafficking and is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a possible sentence of 10-99 years, as well as a maximum fine of $25,000.
Trafficking 100 pounds to less than 500 pounds is a felony with a minimum sentence of five years incarceration and a fine of $50,000.
Trafficking 500 pounds to less than 1,000 pounds is a felony with a minimum sentence of 15 years incarceration and a fine of $200,000.
Trafficking 1,000 pounds or more is a felony with a minimum sentence of life imprisonment.
- Code of Alabama §13A-12-231
Cultivation
Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use. See the “Possession for Personal Use” section for further penalty details.
Manufacture
Unlawful manufacture of a controlled substance in the 2nd degree. The manufacturing of a controlled substance under Schedules I. Unlawful manufacture of a controlled substance in the second degree is a Class B felony.
- Code of Alabama §13A-12-217
Hash & Concentrates
In Alabama, hashish and THC concentrates are Schedule 1 substances.
Possession of a Schedule I substance is a Class D felony. A conviction for a Class D felony results in a sentence of 1 year and one day to 5 years. This differs from Alabama’s treatment of marijuana because with hashish there is no lesser penalty for personal use. Possession of hashish or concentrates in Alabama will be a Class D felony even if the compound would have been for personal use.
Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. A Class B felony conviction is punishable by a term of imprisonment between 2 – 20 years and a fine no greater than $30,000. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture.
Manufacture in the first degree is a felony with a minimum sentence of 10 years and up to 99 years, and a maximum fine of $60,000
- Code of Alabama §13A-12-212
- Code of Alabama §13A-12-217
- Code of Alabama §13A-12-218
Paraphernalia
Sale or possession of paraphernalia is a Class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $6,000.
Sale of paraphernalia to a minor 3 or more years younger than the seller is a Class B felony punishable by 2-20 years imprisonment and a maximum fine of $30,000.
- Code of Alabama §13A-12-260(c)(1)-(2)
- Code of Alabama §13A-12-260(e)(1)
- Code of Alabama §13A-12-260(d)(1)-(2)
- Code of Alabama §13A-12-260(d)(1)-(2)
Miscellaneous
A marijuana conviction for trafficking will result in a 6 month driver’s license suspension.
- Code of Alabama §13A-12-231
- Code of Alabama §13A-12-290
- Code of Alabama §13A-12-291
More Information
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.