Facing charges for marijuana possession or related drug offenses in Birmingham, Alabama, is stressful, no matter how minor the situation seems at first. Even allegedly small cases can lead to harsh consequences for defendants, making it essential to work with a Birmingham drug crimes lawyer as soon as possible.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. at (205) 930-9800 to schedule a free consultation with a Birmingham marijuana crimes attorney.
Why Choose Jaffe, Hanle, Whisonant & Knight, P.C. if You’re Arrested for Marijuana Crimes in Birmingham?
Facing marijuana charges in Birmingham, AL, is never simple, but having the right lawyer makes a big difference. At Jaffe, Hanle, Whisonant & Knight, P.C., clients receive qualified legal representation at every step.
Here’s what our Birmingham drug crimes attorneys offer:
- Over 100 years of combined legal experience in defending drug and marijuana charges
- Attorneys recognized by Super Lawyers for excellence in criminal law, year after year (some as long as 12 years straight)
- Lawyers with a reputation for results, as we have multiple team members with perfect 10.0 Avvo Ratings and membership in the prestigious National Trial Lawyers Top 100
- A team of lawyers that is never afraid to go to trial
In addition, Attorney Jaffe has been selected for inclusion in the 2026 edition of The Best Lawyers in America, recognizing his outstanding work and reputation in the legal field.
Handling drug charges in Birmingham, Alabama, requires skill and experience – both of which we have plenty. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham marijuana crimes lawyer.
Overview of Marijuana Crimes in Alabama
In Alabama, almost all marijuana possession, sale, and trafficking is against the law. Harsh criminal penalties apply if you’re caught with even a small amount.
Medical Marijuana Exception and Its Limits
There is a narrow exception for registered patients and caregivers who have been approved to use medical cannabis.
They can possess and use specific approved forms of marijuana, such as:
- Capsules
- Tablets
- Tinctures
- Patches
- Certain oils, gels, creams, and regulated inhalers
Using or possessing raw marijuana, smoking or vaping products, and everyday edibles remains illegal, even if you have a medical card. Alabama law also allows the use of CBD products, as long as they have little to no THC and won’t cause impairment.
Possession of Marijuana (Non-Medical)
Possession of marijuana in Alabama means having any part of the drug on you, in your vehicle, at your home, or among your personal items if you don’t have a valid medical exemption. Remember, you can be convicted of possession even if it isn’t physically on your person.
Sale or Distribution
Selling or distributing marijuana is treated much more seriously than basic possession. This happens any time you give, trade, or deliver marijuana to someone else. This can be charged even if you don’t receive money in exchange.
Drug Trafficking
Marijuana trafficking allegations come up when someone is caught with a significant amount of drugs. Law enforcement doesn’t have to catch you carrying the drugs or doing anything else with them.
No matter which offense you’re facing, these charges can lead to serious long-term consequences, so you should always speak with a criminal defense lawyer as soon as possible.
What Are the Penalties for Marijuana Crimes in Birmingham, Alabama?
If you’re facing marijuana charges in Alabama, the penalty depends on the specific circumstances, including the weight of the drugs and your criminal history.
Here’s an overview of what you can expect:
- Possession for personal use, first-time: Simple possession for personal use as a first charge is a Class A misdemeanor, meaning you could face up to a year in jail and pay as much as $6,000 in fines.
- Repeat or non-personal use: If you’ve already been convicted of possession for personal use or possess amounts that exceed what the court believes is for personal use, it could become a Class C or D felony. This could bring up to 10 years in prison and a maximum $15,000 fine.
- Unlawful transfer or sale: The law considers the sale of marijuana a Class B felony. You could spend up to 20 years in prison and owe up to $30,000 in fines.
- Selling to children: If you’re accused of selling marijuana to anyone under 18, this increases the charge to a Class A felony. Penalties start at 10 years and can reach up to life in prison, with fines potentially totaling $60,000.
- Selling close to a school: Being caught selling within three miles of a school or university could mean an extra five years behind bars, with no option for probation or suspended time.
- Large amounts (trafficking): Penalties increase significantly as the amount you’re caught with increases. There’s a mandatory 3-year sentence and $25,000 for over 1 pound. Possession of 1,000 pounds or more brings a sentence of life without parole.
These penalties can become incredibly serious. Don’t take the case lightly because you assume marijuana isn’t as dangerous a drug. Make sure you talk to a criminal defense lawyer right away.
What Defenses Can Be Raised if I’m Arrested for Marijuana Crimes?
Building a strong defense if you’re facing marijuana-related crimes is essential, as you’re facing serious consequences.
Depending on your situation, several approaches might apply:
- Unlawful search and seizure: If police searched you or your property without a warrant or valid cause, evidence could be thrown out.
- Lack of possession: You could argue that the marijuana found was not actually yours, or you were unaware it was present. This is a common defense when the drugs are found in a shared space, like a house or vehicle.
- Entrapment: If officers convinced you to buy, transport, or sell marijuana when you otherwise wouldn’t have, your defense can challenge whether you were set up unfairly.
Working with a criminal defense lawyer is the best way to defend yourself and potentially avoid a criminal record.
Schedule a Free Case Evaluation with Our Birmingham Marijuana Crimes Attorneys
Choosing legal help when you’re facing marijuana charges is an important first step. Make sure you reach out for legal help as soon as possible. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham marijuana crimes attorney.