Alabama: Medical Marijuana Law Overview and State Fines/Penalties

[David Bowman]

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.

Marijuana possessed for reasons other than "personal use," or if the offender has been previously convicted of marijuana possession for "personal use" only, is unlawful possession of marijuana in the first degree and is a Class C felony, punishable by a prison sentence of a minimum of one year in prison and a maximum sentence of 10 years in prison, along with a maximum fine of $15,000.

See:

• Code of Alabama Section 20-2-1 et seq.
• Code of Alabama Section 13A-12-214
• Code of Alabama Section 13A-5-11
• Code of Alabama Section 20-2-23

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 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.

* The imposition of the sentence will not be suspended and probation will not be granted.

See:

• Code of Alabama 20-2-1
• Code of Alabama Section 13A-5-6
• Code of Alabama Section 13A-12-211

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.

Trafficking
The sale, cultivation, or manufacture of 2.2 lbs- 100 lbs. 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.

The sale, cultivation, or manufacture of 100 lbs.- 500 lbs. is a felony punishable by a mandatory minimum sentence of 5 years and a maximum fine of $50,000.

The sale, cultivation, or manufacture of 500 lbs.-1,000 lbs. is a felony punishable by a mandatory minimum sentence of 15 years and a maximum fine of $200,000.

See:

• Code of Alabama 13A-12-231

Hash & Concentrates
In Alabama, hashish and THC concentrates are Schedule 1 substances.

Possession of a Schedule I substance is a Class C felony. A conviction for a Class C felony results in a sentence of 1year and one day to 10 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 C 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 of a Schedule I substance is a Class A felony if two or more of these factors are met:

• The manufacture occurred within 500 feet of a school, church, place of business, or home;
• During the manufacture a person 17 years old or young was present;
• The manufacture produced any amount of a Schedule I substance;
• A firearm was present;
• There was the use of a booby trap;
• A danger was created during the transportation or delivery of dangerous materials necessary for the manufacture that posed a risk to human health or safety.

Class A felonies conviction is punishable by a term of imprisonment between 10 - 99 years and a fine no greater than $60,000 or twice the value of manufacturing materials and products.

See:

• Code of Alabama §20-2-23
• Code of Alabama §13A-5-6
• Code of Alabama §13A-5-11
• Code of Alabama §13A-12-212
• Code of Alabama §13A-12-217

Sale, furnishing, or giving a Schedule I substance by a person over 18 to a person under 18 is a Class A felony, punishable by a term of imprisonment between 10-99 years and a fine no greater than 60,000 or twice the value of the concentrate involved.

See:

• Code of Alabama §13A-12-215

Paraphernalia
Sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.

Sale of paraphernalia to a minor 3 or more years younger than the seller is a felony punishable by 2-20 years imprisonment and a maximum fine of $30,000.

See:

• Code of Alabama 13A-12-260

Miscellaneous
A marijuana conviction will result in a 6 month driver's license suspension.

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.

MEDICAL CBD

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. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.

Source: NORML: Alabama Laws & Penalties