Possession of a Controlled Substance: What It Means in Alabama
Under Alabama Code § 13A-12-212, it is against the law to possess a controlled substance from Schedules I through V unless you have a valid prescription or other legal authorization. The statute also criminalizes obtaining these substances through fraud or false representation, such as forged prescriptions or giving a false name.
Unlawful possession is treated as a Class D felony in Alabama.
What Drugs Can Lead to a Controlled Substance Possession Charge?
Alabama’s possession laws cover any controlled substance listed in Schedules I through V. This includes commonly charged drugs such as:
- Cocaine
- Heroin
- Methamphetamine
- Fentanyl
- Prescription drugs
Other substances listed on these schedules may also apply. It is not generally an offense if you have a valid prescription or lawful permission to possess the substance. Marijuana possession is usually charged under separate state statutes.
What Does the State Have To Prove?
To obtain a conviction for controlled substance possession, prosecutors must show:
- The substance is actually a controlled drug;
- The defendant knew about its presence;
- The defendant exercised control over the substance (actual or constructive possession);
- Possession was not legally authorized by a valid prescription or law.
Being near drugs is not enough; the person must knowingly possess or control them. This becomes an especially important part of the case when substances are found in vehicles, homes, or areas shared by several people.
What Is the Difference Between Actual and Constructive Possession?
Actual possession means the drugs are found on your person, such as in your pocket or a bag you are holding. Constructive possession occurs when drugs are not found directly on you, but the state claims you knew they were there and had control over where they were located, for example, in a shared car or common area at home.
What Are the Penalties for Controlled Substance Possession?
Violations of § 13A-12-212 are Class D felonies in Alabama. This carries a basic sentencing range of one year and one day to five years in prison, with the actual sentence depending on prior criminal convictions and other individualized factors.
Marijuana Laws in Alabama
Alabama has some of the strictest marijuana laws in the country. Possession of marijuana for personal use is usually charged as a Class A misdemeanor, punishable by up to a year in jail and a $6,000 fine.
Possession for other than personal use is a Class C felony, which can carry one to 10 years in prison and a fine of up to $15,000. A subsequent personal-use offense after a qualifying prior marijuana-possession conviction is a Class D felony.
Charges involving possession with intent to distribute or large quantities (trafficking) carry even harsher felony penalties, including mandatory minimum sentences based on weight.
While Alabama legalized medical cannabis in 2021, the program is limited to specific approved products; raw plant material and products intended for smoking or vaping are prohibited. Recreational marijuana is strictly prohibited, and any conviction for marijuana-related charges can have serious legal and personal consequences.
What Defenses May Apply to a Drug Possession Charge?
Several defenses may apply to an Alabama drug possession charge. The available defenses depend on how the drugs were found, who had access to them, and the evidence supporting the charge.
Possible defenses include:
- Challenging whether you knew the drugs were present
- Arguing that the substance was not an illegal or controlled drug
- Disputing whether you had control over drugs found in a shared space
- Challenging evidence obtained through an illegal search or seizure
- Questioning whether errors in the chain of custody affected the evidence
- Showing that you had a valid prescription for the substance
Not every defense applies to every case. The location of the drugs, the circumstances of the arrest, and the evidence collected by police can affect which defenses may be available.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. To Schedule a Free Consultation With an Alabama Drug Crime Lawyer
The consequences of a drug possession conviction in Alabama can be serious and long-lasting. If you are facing a controlled substance or marijuana charge, talking with an experienced lawyer is essential.
For more information, contact an experienced Birmingham drug crime attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800