Alabama Marijuana Laws

If you live in Alabama, you probably know that your state has some of the harshest marijuana penalties in the United States.

Alabama Marijuana Attorneys

The following Alabama lawyers are actively involved in the practice of cannabis law:

Alabama-MalbroughFirm
Alabama-BarclayLaw

LAW BREAKDOWN

Marijuana is decidedly illegal under Alabama marijuana law. It is allowed for limited, non-intoxicating medical use, but is otherwise banned by criminal statutes. Penalties are among the harshest in the nation.

Possession

It is a misdemeanor to possess any amount of cannabis for recreational use in Alabama. The maximum penalty is one year in jail and $6,000 in fines. Possession of marijuana for any other reason is a felony with a sentence of at least 366 days and as many as 10 years in prison, plus a $15,000 maximum fine.

Sale

Any sale of cannabis is a felony in Alabama, punishable by a mandatory minimum sentence of two years in prison and a maximum of 20. A top fine of $30,000 also applies.

Sale of marijuana by an adult over age 18 to a minor is also a felony and carries a minimum sentence of 10 years in prison and a maximum of life, plus $60,000 in potential fines. Sale within 3 miles of a school or public housing project – a massive area – is punishable by up to five years in prison.

Trafficking

Possession of between 2.2 and 100 pounds of cannabis is considered trafficking, a felony with a minimum sentence of three years in prison plus $25,000 in fines. If the amount is between 100 and 500 pounds, the penalty increases to at least five years in prison and a maximum of $50,000 in fines. If the weight is between 500 and 1,000 pounds, the punishment is at least 15 years in prison and up to $200,000 in fines.

Cultivation and Manufacture

Cultivation of very small amounts of cannabis may be treated as possession under Alabama marijuana law, while cultivation of larger amounts is considered possession with intent to distribute. Simple cultivation is a felony, but the offense is divided into two severity levels: second and first degree.

It is a second degree felony to grow or manufacture any amount of marijuana or marijuana product. The minimum is two years in prison while the maximum is 20, plus $30,000 in fines. If the cultivation involves guns, booby traps, or hazardous chemicals, it is treated as a first degree felony and carries a penalty of 10 years to life in prison, plus up to $60,000 in fines.

Hash and Concentrates

Hashish and other marijuana concentrates are illegal in Alabama. Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines.

Second degree manufacture of concentrates is also a felony and is punishable by at least two years in prison and as many as 20, plus $30,000 in fines. First degree manufacture carries a penalty of 10 years to life in prison and $60,000 in fines.

Paraphernalia

Use, possession and sale of paraphernalia are all crimes in Alabama.

Use of cannabis paraphernalia or possession with intent to use it is a Class A misdemeanor and carries a maximum penalty of one year in jail and $6,000. Delivery or sale of paraphernalia is also a misdemeanor and comes with the same penalties.

It is a felony to sell paraphernalia, deliver it, possess it with intent to sell it, manufacture it with intent to deliver or sell it, or possess it with intent to use it if the paraphernalia is intended for the manufacture of a controlled substance. The minimum penalty is one year in prison while the maximum is 10 years and $15,000.

A subsequent conviction for delivery or sale of paraphernalia is a felony punishable by between one and 10 years in prison, plus $15,000 in fines. Delivery or sale of paraphernalia to a minor is also a felony and is punishable by between two and 20 years in prison and up to $30,000 in fines.

Miscellaneous

Medical necessity is a complete defense to possession of non-intoxicating cannabidiol (CBD) marijuana. But it is an affirmative defense, meaning defendants face evidentiary hurdles if they want to use it successfully in court.

MEDICAL MARIJUANA

‘Carly’s Law’ was signed by Gov. Robert Bentley on Apr. 1, 2014. Named after three-year-old Carly Chandler, the law made Alabama the second state to legalize CBD oil. Alabama’s Senate voted unanimously to support SB 174 on Mar. 11, 2014.

Sponsored by Republican Sen. Paul Sanford, the bill calls for the University of Alabama to perform research into the efficacy of cannibidiol in the treatment of neurological conditions, including epilepsy. The university would only be allowed to prescribe the oil to approved patients.

Qualifying conditions – Debilitating epileptic conditions

Patient possession limits – Possession of CBD by persons who are acting outside of state-sponsored clinical trials is not permitted under the law.

Home cultivation – No

State-licensed dispensaries – No

Caregivers – No

Reciprocity – No

Contact information – University of Alabama-Birmingham, Department of Neurology

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Any amount Misdemeanor 1 year $ 6,000

Other Than Personal Use

Any amount Felony 1 year and 1 day* – 10 years $ 15,000
* Mandatory minimum sentence and fine

Sale

Any amount Felony 2* – 20 years $ 30,000
By a person over 18 to a minor Felony 10 years – life $ 60,000
Within 3 mile radius of a school or a public housing project Felony 5 years N/A
* Mandatory minimum sentence and fine

Trafficking

In excess of 2.2 lbs – less than 100 lbs Felony 3 years* $ 25,000
100 lbs – less than 500 lbs Felony 5 years* $ 50,000
500 lbs – less than 1,000 lbs Felony 15 years* $ 200,000
* Mandatory minimum sentence and fine

Cultivation

Manufacture 2nd Degree Felony 2* – 20 years $ 30,000
Manufacture 1st Degree Felony 10 years – life $ 60,000
* Mandatory minimum sentence and fine

Hash & Concentrates

Possession Felony 1 year and 1 day – 10 years $ 15,000
Manufacture 2nd Degree Felony 2 – 20 years $ 30,000
Manufacture 1st Degree Felony 10 years – life $ 60,000

Paraphernalia

Use or possession of paraphernalia with intent to use Misdemeanor 1 year $ 6,000
Delivery or sale Misdemeanor 1 year $ 6,000
Use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance Felony 1 year and 1 day – 10 years $ 15,000
Subsequent violation of delivery or sale Felony 1 year and 1 day – 10 years $ 15,000
Delivery or sale to a minor Felony 2 – 20 years $ 30,000

Miscellaneous

A marijuana conviction will result in a 6 month driver’s license suspension.
Carly’s Law is an affirmative and complete defense for the parent or caretaker of an individual who has a prescription for the possession and use of cannabidiol (CBD).