Facing Drug Possession Charges in Birmingham, AL?
Possession of a controlled substance is a serious criminal offense in Alabama. Depending on the type and amount of the controlled substance involved, a person can be charged with either misdemeanor or a felony offense.
If you or someone you love has been arrested for possession of a controlled substance, you need a strong and experienced criminal defense attorney. At Jaffe, Hanle, Whisonant & Knight, P.C., our skilled Birmingham drug possession attorneys are dedicated to protecting the rights of our clients and helping them achieve the best possible outcomes in their cases.
Call 205-930-9800 or fill out our online contact form today to schedule a free consultation.
Alabama Drug Schedules
In Alabama, the classification and regulation of drugs are governed by the Alabama Uniform Controlled Substances Act. This act divides drugs into different schedules based on their potential for abuse, medical use, and the degree of their dependence liability. The drug schedules in Alabama are similar to the federal drug schedules established by the Controlled Substances Act.
Here is an overview of the drug schedules in Alabama:
- Schedule I: Drugs in this category have a high potential for abuse, no currently accepted medical use, and a lack of accepted safety for use under medical supervision. Examples include heroin, LSD, ecstasy, peyote, and marijuana (cannabis) for non-medical use.
- Schedule II: These drugs also have a high potential for abuse but have currently accepted medical uses with severe restrictions. They may lead to severe psychological or physical dependence. Examples include cocaine, morphine, methamphetamine, oxycodone, fentanyl, and Adderall.
- Schedule III: Drugs in this category have a lower potential for abuse compared to Schedule I and II substances. They have accepted medical uses and may lead to moderate or low physical dependence or high psychological dependence. Examples include ketamine, anabolic steroids, codeine combinations, and certain barbiturates.
- Schedule IV: These drugs have a lower potential for abuse than Schedule III substances, accepted medical uses, and limited dependence liability. Examples include Xanax, Valium, Ativan, Tramadol, and Ambien.
- Schedule V: Drugs in this category have the lowest potential for abuse among controlled substances and have currently accepted medical uses. They consist primarily of preparations containing limited quantities of certain narcotics or non-narcotic active medicinal ingredients. Examples include cough syrups containing codeine in small amounts and over-the-counter medications with low doses of narcotics.
Drug Possession Penalties in Alabama
Possession of controlled substances such as cocaine, heroin, methamphetamine, prescription drugs without a valid prescription, or other illegal drugs is typically considered a felony offense in Alabama.
On the other hand, possession of marijuana for personal use is generally considered a misdemeanor. The penalties can include imprisonment of up to one year and a fine of up to $6,000.
Simple Possession vs Possession with Intent
Simple possession refers to the act of having illegal drugs in one’s possession for personal use. It is generally considered a less serious offense compared to possession with intent.
Possession with intent to distribute or sell involves having illegal drugs in one’s possession with the intention to sell, deliver, or distribute them to others. This offense is viewed as more serious because it implies an intention to profit from the sale of drugs and potentially contribute to the illegal drug market.
The determination of whether a person’s possession was for personal use or with the intent to distribute is often based on various factors, such as the quantity of drugs involved, packaging materials, the presence of large amounts of cash, drug paraphernalia, or other evidence suggesting an intent to sell. These factors are considered by law enforcement officers, prosecutors, and courts when determining the appropriate charge and potential penalties for drug-related offenses.
Get the Experience You Need in Drug Possession Defense
Our drug possession attorneys in Birmingham can help you fight charges of possession by investigating the evidence against you and building a strong case for your defense. Do not hesitate to let us defend you inside and outside the courtroom.
Schedule a free consultation today by calling 205-930-9800.