Many state legislatures across the U.S. have relaxed their stance on marijuana in recent years, but Alabama laws remain some of the harshest in the country. Just getting caught with it, regardless of the amount, can potentially result in jail time.  As such, if you’ve been charged with possession of marijuana, it’s imperative to consult an attorney right away to explore your options.

Oftentimes, an attorney can help you reach a resolution with the prosecutor that avoids jail time and that may ultimately avoid a conviction on your record.

Here’s an overview of how this offense is classified and the potential consequences it can carry.

How Alabama Law Treats Marijuana Possession 

Possession in the Second Degree 

A second-degree marijuana possession charge occurs when the drug was intended for personal use. It’s a Class A misdemeanor that’s punishable with a jail sentence of up to one year and a maximum fine of $6,000. There are multiple issues for your attorney to consider, including but not limited to whether the amount was for personal use, whether the person knowingly possessed the substance, and whether the substance can be sufficiently identified as marijuana. 

Notably, the fines and sentences mentioned above are lesser for municipal courts, where jail time is generally capped at 180 days and fines are generally capped at $500.00.

Possession in the First Degree Following a Misdemeanor Possession 

If a defendant already has a previous misdemeanor conviction for possession of marijuana, a second offense can result in a statutory upgrade. This means it becomes a first-degree charge and turns into a Class D felony. The penalty is up to five years incarceration and a fine of up to $7,500.   

Possession in the First Degree for Non-Personal Use 

Law enforcement may consider possession of marijuana to be for purposes other than personal use if they observe friends smoking together, find a large quantity of the drug, or discover paraphernalia that implies intent to distribute. This is also a first-degree charge, but it’s a Class C felony, which carries a sentence of one to 10 years of jail time and a maximum fine of $15,000. 

A bill passed by the Senate Judiciary Committee earlier this year is the most recent effort that has been made to reduce marijuana possession penalties for Alabama residents. However, it now awaits a decision from the Senate, and previous bills that have been presented for the same consideration have been rejected. Thus, it’s still as important as ever to have an experienced attorney on your side when dealing with marijuana-related charges.

The legal advocates at J.P. Coleman Law, LLC, Attorneys at Law have years of experience representing the residents of Baldwin County, AL, in these types of cases and will fight aggressively to protect your rights. Rely on these attorneys to provide you with a strong defense and increase your chances of receiving a reduced sentence or acquittal. Call (251) 947-6247 to discuss your situation with a qualified attorney or visit their website for more information on the various services they offer.