Every state has laws regarding drug possession, trafficking and manufacturing. In Alabama, if you are facing drug charges, you may be subject to prosecution under state law 13A-12-210.

Here is what The Drug Crimes Amendments Act of 1987 says about controlled substances.

Possession

A Class D felony, this offense not only involves possessing a controlled substance but also obtaining a prescription in one of the following ways:

  • Fraud
  • Misrepresentation
  • Deceit
  • Alteration of a prescription
  • Use of a false name
  • Use of a false address

Possession of marihuana

This may be a first-degree offense, Class C felony if you possess marihuana for a reason other than using it personally. It may be a first-degree offense, Class D felony if you have a previous marihuana possession conviction.

Second-degree marihuana possession refers to possession only for personal use, and it is a Class A misdemeanor.

The possession of cannabidiol law was repealed as of July 1, 2019.

Distribution

It is a Class B felony offense to unlawfully distribute controlled substances. Distribution includes selling, furnishing, giving away or delivering the drugs.

If you possess above a specified amount of a controlled substance (the amount is different depending on the drug in question), the law assumes that you intend to distribute the substance.

Manufacture

If you manufacture a controlled substance, regardless of which Schedule it is (drug schedules range from I to V, and are listed annually through the State Board of Health), you may face a charge of second-degree unlawful manufacture of a controlled substance. This conviction is a Class B felony. You may also be convicted of this offense if you possess the chemical substances that make up the ingredients to manufacture a controlled substance.

It is a first-degree offense if, in addition to manufacturing a controlled substance, you also did at least two of the following at the same time:

  • Possessed a firearm
  • Used a booby trap
  • Possessed, transported or disposed of materials for a lab operation that would create a health or safety risk to people or the environment
  • Ran or intended to run a lab operation within 500 feet of a home, business, school or church
  • Produced or intended to produce controlled substances in a clandestine laboratory
  • Manufactured a controlled substance in the presence of a person younger than 17 years old

The first-degree manufacture of a controlled substance is a Class A felony offense.

This information is provided for educational purposes and should not be interpreted as legal advice.