Alabama Drug Paraphernalia Laws The state defines drug paraphernalia as any product, material, or equipment that is used or designed for use in smoking, injecting, growing, planting, manufacturing, producing, processing, storing, or packaging controlled substances. Alabama drug charges can result when a person is in possession of any equipment, material, or product that is used to manufacture, grow, use, or otherwise produce a controlled substance, including marijuana. Alabama Code § 13A-12-260 contains a long list of items that can be considered drug paraphernalia under the right circumstances. This list includes items such as hypodermic syringes, scales, hookahs, bongs and cockroach tweezers.
Possession of drug paraphernalia is a class A misdemeanor. In addition, it is a Class B felony for any person 18 years of age or older to give or give to anyone under 18 years of age and at least three years younger any item of drug paraphernalia. In Alabama, possession of drug paraphernalia is a class A misdemeanor. One step below a felony, a Class A misdemeanor can result in up to 365 days in jail and serious fines.
Although broadly defined, law enforcement generally makes an arrest for drug paraphernalia if someone is caught with any type of smoking device, scales, grinders, or pipes. In many cases, these tools have perfectly legal uses and should therefore not be considered drug paraphernalia. If you or a loved one has been wrongfully arrested for possession of drug paraphernalia, call (25) 444-1444 today. Your freedom may depend on it.
It doesn't matter if the offense is a felony or a misdemeanor, drug charges can affect your daily life significantly. Even if you are not charged with a drug-related crime, a conviction for possession of drug paraphernalia, drug ingredients, or chemical precursors can lead to years in prison, high fines, and a permanent lifelong criminal record. Alabama state law prohibits anyone from possessing drug paraphernalia that can be used to achieve a variety of purposes. Under Alabama criminal law, it is illegal to possess or use drug paraphernalia anything that is used, intended to be used, or designed for use with drugs.
D) (It shall be illegal for any person to use, deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or who possesses with the intention to use, drug paraphernalia to manufacture a controlled substance in violation of the controlled substance laws of this state. You will also likely need to participate in drug screening and rehabilitation through probation, just as you would in a felony drug case. The Alabama Criminal Code also contains Alabama drug charges for the illegal manufacture of a controlled substance. The Alabama Criminal Code contains numerous Alabama drug charges, ranging from simple possession of marijuana to more serious crimes such as drug distribution or drug trafficking.
In these situations, related facts may influence a court of law's determination of whether the device is considered drug-related paraphernalia, including instructions on how the device is to be used, statements given by the device owner, if there is any residue on the device device and if there are other additional uses for the device. If you have been charged with a drug offense, it is vital that you are represented by a competent defense attorney. It is illegal in Alabama to possess anhydrous ammonia (the same type of ammonia used in window cleaners) and certain other chemicals or products that are considered ingredients or precursors of illegal drugs. Even though possession in the second degree is only a misdemeanor, there are consequences similar to those in felony drug cases.
In addition, future charges and convictions on drug paraphernalia charges are not automatically prosecuted as felonies if there are previous convictions of paraphernalia on your record. .
