possession of marijuana 2nd alabama

Alabama Marijuana Laws

Created byВ FindLaw’s team of legal writers and editors | Last updated November 15, 2019

Last updated 11/11/2019

Marijuana, whether you spell it “marihuana,” as Alabama law does, or call it cannabis, pot, weed, grass, ganja, Mary Jane, chronic, or anything else, is a common, yet controversial drug. Marijuana law is currently going through a great deal of change throughout the country, with more and more states legalizing recreational and/or medical marijuana use every year.В

Today, almost all forms of marijuana possession, sale, or trafficking in Alabama is illegal. The only legal form of marijuana in Alabama is CBD or cannabidiol, which is a compound in cannabis that has medical effects without the THC to get you high.В

The table below outlines Alabama’s main marijuana laws.

There are two degrees or levels of unlawful possession of marijuana in Alabama. First degree is possessing marijuana for something other than personal use (Class C felony) or for personal use after a previous conviction of unlawful possession of marijuana (Class D felony). These can get you between 1 and 10 years in prison and up to a $15,000 fine.

Possession of pot for personal use is only a Class A misdemeanor (the highest misdemeanor in Alabama). This is possession in the second degree. A Class A misdemeanor can be sentenced to not more than a year in jail and up to a $6,000 fine.

In addition, under the Alabama Drug Trafficking Enterprise Act a person who manages at least 5 people and gets a substantial income from the marijuana trade faces higher fines and longer minimum sentences. For a first conviction, the mandatory minimum is 25 years in prison with a fine between $50,000 and $500,000. For a second conviction, the leader is facing life in prison without parole and a $150,000 to $1,000,000 fine. The sentences under this law cannot be less than what the defendant faces under the trafficking and habitual offender laws alone.

Note:В State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Get Help With Your Case From an Alabama Criminal Defense Lawyer

If you or a loved one is facing a marijuana-related criminal charge, you should consult with an experienced Alabama drug crimes attorney as soon as you can. The laws surrounding marijuana are constantly changing and you’ll want to be sure you know any possible defenses that may be available to you. If you’re facing charges, don’t delay; call an Alabama drug crimes attorney today.

FindLaw offers a chart providing details of Alabama's marijuana laws.

What are the penalties for marijuana possession in Alabama?

Alabama is not one of the states that has decriminalized marijuana. If you are living in the state or have just moved here, you should understand the consequences of getting caught with marijuana. Even being caught with a small amount can have much harsher consequences than in other states.


Alabama is not like most other states, as according to the National Organization for the Reform of Marijuana Laws, Alabama does not have specific legislation regarding the amount of marijuana one is in possession of. Instead, the law differentiates punishments by intent.

Possession with the intent of personal use is a misdemeanor in Alabama punishable by up to one year in jail and a fine of up to $6,000. However, if you are found to have the marijuana for any kind of purpose involving other people, the fine increases to a maximum of $15,000, and you could be put in prison for a felony for up to ten years.

Be warned, however, that if you are caught with concentrate, also known as hashish, it will not matter why you had it or how much you had. You can face a felony charge with a prison sentence of as much as ten years and a fine of up to $15,000

One last thing you should know is that a marijuana conviction will typically result in a six month suspension of driving privileges. Possess of paraphernalia is also a misdemeanor.

This article is meant to inform you and is not a form of legal advice.

Alabama is not one of the states that has decriminalized marijuana. If you are living in the state or have just moved here, you should understand the