Understanding the Three Most Common Drug Crimes in Alabama
Drug charges are among the most frequently prosecuted offenses in Alabama, and they range from simple possession of a small amount of marijuana to serious felony trafficking cases. Understanding how Alabama defines and punishes each of these crimes is the first step toward understanding the charge you or a loved one may be facing as a defendant.
Drug Possession
Drug possession is one of the most common drug charges in Alabama. It criminalizes knowingly having a controlled substance without legal authorization. However, the law’s definition of possession differs slightly from what some might expect.
Alabama recognizes two forms of possession:
- Actual possession means the drugs were found on your person, like in your hand, your pocket, or a bag you were carrying.
- Constructive possession means the drugs weren’t on you, but the state claims you knew about them and had control over the place they were found, such as your car’s glove box, your bedroom, or a shared apartment.
Constructive possession cases are often the most contested, because being near drugs is not the same as possessing them, and prosecutors must prove both knowledge and control.
Drug Distribution (Sale or Possession with Intent to Distribute)
Distribution is the next step up from possession, and the difference between the two comes down to purpose. Simple possession means the drugs were for your own use, while distribution means the state believes the drugs were intended for someone else (i.e., that you were selling, furnishing, or giving away a controlled substance).
Prosecutors often build their case by showing someone possessed the drugs but had the intent to distribute them, even if they didn’t see or have evidence of a sale taking place.
Factors they consider include:
- Quantity of drugs: Larger quantities may support an inference that the drugs were intended for distribution rather than personal use.
- Packaging materials: Individual baggies, bindles, or divided quantities suggest preparation for distribution.
- Scales: Digital scales are commonly used as evidence because they show that someone may be weighing controlled substances to sell them.
- Large amounts of cash: Unexplained cash, especially in small denominations, is often framed as proceeds from drug sales.
- Text messages or phone records: Communications arranging sales are often subpoenaed and used as evidence.
None of these factors proves distribution on its own, which is where an attorney steps in to fight the charges on your behalf.
Drug Trafficking
Trafficking is one of the most serious drug charges in Alabama, and it works differently than most people might assume.
You don’t have to sell anything, cross state lines, or run an operation to be charged as a trafficker; this felony charge is based primarily on the weight of the drugs involved. If you possess the statutory threshold, you can be charged with and convicted of trafficking, even if you claim the drugs were for personal use.
Each drug has a weight threshold that transforms possession into trafficking—the most commonly charged thresholds include.
- Marijuana: More than one kilogram (a little over 2 pounds)
- Cocaine: 28 grams or more
- Methamphetamine: 28 grams or more
- Heroin: 4 grams or more
- Fentanyl: 1 gram or more
Even if someone possesses less than a trafficking amount, they may still face distribution or possession with intent to distribute charges depending on the facts of the case.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. to Schedule a Free Consultation with a Birmingham Drug Crimes Lawyer
If you’re facing any type of drug charge in Alabama, the potential penalties can be severe. You need a defense lawyer who understands these charges and can help you fight back. Our firm has significant experience and success with all types of drug cases.
For more information, contact an experienced Birmingham drug crimes 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