Birmingham Drug Possession Lawyer

Arrested for Drug Posession in Alabama?

All drug possession charges need to be taken seriously, whether you are accused of possession of paraphernalia or possession of methamphetamines. When you are arrested for actual or constructive possession of a controlled substance, you will probably face a felony drug offense.

Only a few possession situations lead to misdemeanor charges. Conviction of a felony could lead to years in prison, years of probation, high fines, and when you are free, trouble getting a job and moving forward with your life. A drug possession lawyer from Alabama Criminal Lawyers can defend you against these accusations and fight to win the best possible outcome in your case.

Call Alabama Criminal Lawyers today at (205) 981-2450 or use the online form to request a free consultation.

Alabama Drug Possession Laws

Possession of a controlled substance, unless you have a valid prescription or other authorization, is illegal. Under AL Code 13A-12-212, the law states you commit a Class D felony if you unlawfully possess a controlled substance in Schedules I through V, or if you use fraud, deceit, misrepresentation, or subterfuge; alter a prescription; or give a false name or address to obtain a controlled substance or a precursor chemical.

Marijuana is treated differently than other controlled substances. Under AL Code 13A-12-214, possession of marijuana for personal use only is a Class A misdemeanor. This is known as possession of marijuana in the second degree.

You can be charged with a Class C felony if you possess marijuana for something other than personal use. Or, if you possess marijuana for personal use, but have been previously convicted of a marijuana crime, you face a Class D felony.

To talk about the level of the charge you will face if you are caught with drugs, or if drugs were found in your home, vehicle, or workplace, contact a drug possession attorney right away.

Alabama’s Drug Schedule

Each state and the federal government has a schedule that places controlled substances into different categories based on the drug’s scientific value and its likelihood to cause dependence and abuse. Alabama’s schedule is found in AL Code 20-2-22 through 20-2-31:

Schedule I: A high potential for abuse and no accepted medical uses in the U.S. Includes opiates, some opium derivatives, heroin, hallucinogenic substances like LSD, and marijuana.
Schedule II: A high potential for abuse, some currently accepted medical uses in the U.S., and the abuse may lead to psychological or physical dependence. Includes opium, cocaine, and methadone.
Schedule III: Some potential for abuse, currently accepted medical uses in the U.S., and abuse may lead to moderate or low physical dependence or high psychological dependence. Includes amphetamines and lysergic acid.
Schedule IV: Low potential for abuse relative to Schedule III substances, currently accepted medical uses in the U.S., and abuse may lead to limited physical or psychological dependence. Includes barbiturates.
Schedule V: Low potential for abuse relative to Schedule IV substances, currently accepted medical uses in the U.S., and limited risk of physical or psychological dependence. Includes medications containing small amounts of codeine.

What is Possession?

You can be charged with a crime for actual or constructive possession of drugs.

Actual possession occurs when the drugs are on your person, such as in your pocket or a backpack you are wearing.

Constructive possession means the drugs were within your vicinity and control. You could easily reach the drugs if you wanted to. Prosecutors may claim you had constructive possession of one or more drugs if they were found in your vehicle, home, or office.

You should talk with a drug possession lawyer about whether the prosecutors are claiming you had actual or constructive possession of the controlled substance. Many prosecutors claim you had possession of drugs because they were in the vicinity, but we know they may have been someone else’s drugs.

You may have been in a friend’s car or someone else brought drugs into your vehicle without your knowledge. A family member or roommate may be responsible for the police finding drugs in your home.

At Alabama Criminal Lawyers, we will aggressively argue against claims of constructive possession of drugs.

Penalties for Possession of a Controlled Substance in Alabama

Misdemeanor possession of a controlled substance is only for first-time marijuana possession for personal use. A Class A misdemeanor is punishable by:

Up to one year in jail,
Probation,
Community service,
Fines up to $500, and
Asset forfeiture.

If you are facing a first-time offense for possession of a controlled substance other than marijuana, then you are charged with a Class D felony, punishable by:

Between one year and one day and five years in prison,
Months or years of probation,
Community service,
Driver’s license suspension,
Fines up to $7,5000, and
Asset forfeiture.

However, the amount of a drug in your possession matters. If you have a larger amount of a controlled substance, then you may be charged with distribution or trafficking instead of possession, both of which are more serious felony offenses.

Drug Possession v. Distribution v. Trafficking

You will face drug distribution charges if you possess:

Between 8 and 28 grams of cocaine or any mixture containing cocaine;
Between 2 and 4 grams of morphine, opium, or heroin;
Between 8 and 28 grams of amphetamines;
Between 8 and 28 grams of methamphetamines.

Distribution is charged as a Class B felony.

If you are accused of possessing or controlling greater amounts of these drugs, then you will be charged with felony trafficking. Alabama law prescribes harsh mandatory minimums of imprisonment and fines for trafficking controlled substances.

Let a Drug Possession Lawyer Help You

We recommend you contact Alabama Criminal Lawyers following a UPCS charge. We are here to defend you against allegations of:

Possession of marijuana
Possession of methamphetamines
Possession of amphetamine
Possession of cocaine or crack cocaine
Possession of heroin
Possession of LSD
Possession of GHB, Rohypnol, ketamine, or other date-rate drugs
Possession opioids
Possession of Xanax or other prescriptions
Possession of synthetic controlled substances

Defending Against Misdemeanor or Felony Drug Possession

When you are accused of possessing illegal drugs, you should consult with a drug possession lawyer about the strongest possible defense. Depending on the circumstances, we may argue:

You did not have actual or constructive possession of the drug;
You lacked knowledge that the drug was in your vehicle, home, or office;
You were the victim of an unconstitutional stop;
You were the victim of an unconstitutional search and seizure;
You were the victim of an illegal interrogation; or
An inaccurate test resulted in a false positive for a drug.

Contact a Drug Possession Lawyer Today

Whatever the allegations against you, we will aggressively pursue the best possible outcome in your case. Whether this is a misdemeanor for first-offense possession or a felony for a second or subsequent possession offense, Alabama Criminal Lawyers is here to help.