Alabama Drug and Alcohol Laws

Ferguson & Ferguson

Attorneys at Law

May 31st, 2018

As more state legalize marijuana for medical and recreational use, society’s view on the drug will change. In Alabama, marijuana is still illegal in all forms. Alabama’s marijuana laws are some of the most strict in the country. People facing legal issues due to the sale or use of marijuana can be facing some serious repercussion. Felony charges, mandatory jail time, and/or very massive fines are all possible repercussions in Alabama for possessing or selling even small amounts of pot. The punishments in Alabama associated with marijuana are as follows:

● 1st possession charge for personal use is considered a Class A Misdemeanor and can carry no more than a 1 year in jail and a fine up to $6,000.
● 2nd possession charge or if the drug is not considered to be for personal use is considered a Class C Felony. Unlike other states, there is no set amount of cannabis that classifies as personal use. It’s at the court and arresting officer’s discretion. A Class C Felony in Alabama can result in 1-10 years in prison and a fine up to $15,000.
● Selling, delivering, or distributing marijuana in any capacity is a Class B Felony and can result in 2-10 years in prison and up to a $30,000 fine.
● Anyone over the age of 18 caught selling marijuana to a person under the age of 18, will face a Class A Felony charge. This can carry a minimum sentence of 10-99 years in prison and up to a $60,000 fine. Selling marijuana within 3 miles of a school or university may result in a 5-year prison sentence.

Anyone caught cultivating or trafficking marijuana in Alabama face some extremely harsh mandatory sentences. The charges they face is based on the amount of marijuana hey were found growing or trafficking.

● For 1 kilo to 100 lbs – the minimum is 3 years and there’s a mandatory $25,000 fine
● For 100-500 lbs -the minimum is 5 years and a $50,000 fine
● For 500-1000 lbs – the minimum is 15 years and a $200,000 fine
● For over 1000 lbs – the penalty is life imprisonment without the possibility of parole

There is a law called the “Alabama Drug Trafficking Enterprise Act”. The goal of this law is to increase the number of gang leaders or “drug kingpins” arrests and have them face much more strict charges. This law carries mandatory minimum sentences for any person who manages five or more people in what is considered a “drug trafficking or cultivating enterprise.” For a first conviction, the minimum stay behind bars is 25 years, plus a huge fine between $50,000 and $500,000. If one is convicted for a second time, they will face life in prison without the possibility of parole and a $150,000 to $1,000,000 fine.

Alabama does not allow the sale or prescribing of medical marijuana, but it does allow medical CBD oil, a prescription must be written by a doctor or physician. CBD oils are derived from marijuana. These extracts that do not contain any amount of THC.

What Are Alabama’s Alcohol Laws?

The legal drinking age in Alabama is 21 years or older, like a good portion of the United States. This means any persons under the age of 21 cannot purchase, consume, or possess alcoholic beverages. It doesn’t matter if they are under the supervision or a parent or guardian. All residents of Alabama are required to hold and show a valid government issued identification card or passport if they plan on consuming or possessing alcohol. Establishments are required to ask for proper identification prior to selling someone any alcohol.

Like much of the South, Alabama does have blue laws. Blue laws are certain alcohol sale restrictions, mostly relating to Sunday. Much of Alabama prohibits or restricts the sale of alcohol on Sundays. This varies by jurisdiction. Some counties and cities may only restrict Sunday liquor sales, while some may allow alcohol sales during certain hours on Sunday. If you are visiting Alabama, ask a local store that sells alcohol or a hotel about their local alcohol laws.

Some areas in Alabama are completely dry, meaning the sale of alcohol is prohibited every minute of every day of the week. In some areas it may even be illegal to consume alcohol in these counties/towns. It is very important to speak with local businesses or law enforcement officers regarding the laws before trying to purchase or consume alcohol. If you or someone you’re with plan on drinking while in Alabama, make sure you buy your beverages in state. It is illegal to bring alcohol from out of state and sell/consume it in Alabama.

The legal BAC limit is 0.08%, as it is in most of the country. Anyone with a BAC of .08 or higher can face a DUI/DWI if they are operating any type of vehicle sometimes even bicycles. If they are not using a vehicle and are on foot, they may face a drunk in public charge. Feel free to contact us at any time if you are facing legal issues due to drugs and/or alcohol.