If you are in possession of a prescription pill without a valid prescription for the (correct) substance and (the correct dose), law enforcement has the option of charging you with felony possession of a controlled substance or misdemeanor possession of prescription drugs. Marijuana is the only Schedule I substance in Alabama that has the potential to be prosecuted as a misdemeanor for possession for personal use; possession of any other Schedule I substance, such as cocaine or heroin, cannot be charged with anything less than a felony. It is also a crime in Alabama to possess anhydrous ammonia and certain products or chemicals that could be considered ingredients (or precursors) of controlled substances. A person is guilty of possession of marijuana in the second degree, a class A misdemeanor, if they possess marijuana for their personal use.
First, if convicted, you will automatically lose your driver's license privileges for a minimum of six (months) on your first offense, just like in other drug cases. Therefore, it is very important to contact an experienced drug paraphernalia lawyer in Alabama who is an expert in defending drug paraphernalia charges to assess a person's rights. Possession of second-degree marijuana is possession of marijuana for personal use, regardless of quantity. If they agree that their possession was for their personal use, then the charge will be a misdemeanor of possession in the second degree.
Code §34-23- and, on occasion, the prosecutor is willing to amend the felony charge to a misdemeanor. The biggest difference between second-degree marijuana possession charges and the other misdemeanor drug offenses is that future second-degree marijuana charges will automatically be charged as felonies if you have a misdemeanor marijuana conviction or previous guilty plea. The Alabama Criminal Code also contains Alabama drug charges for the illegal manufacture of a controlled substance. If you possess marijuana for reasons other than your personal use, or if you have been previously convicted of POM-2nd, then you are guilty of possession of marijuana in the first degree, which is a class C felony.
Alabama Code § 13A-12-260 makes it illegal for anyone to possess, deliver or sell drug paraphernalia with the knowledge that it will be used in relation to a controlled substance. Courts would analyze factors to determine if the object is paraphernalia, such as statements by the owner or anyone in control of the object, previous convictions of the owner for previous drug or paraphernalia offenses, the person's proximity to the alleged paraphernalia, the existence of any residue in the paraphernalia and the descriptive materials that accompany the paraphernalia. There is a little-known section of the Alabama Code that makes possession of drugs without a valid prescription a misdemeanor offense (Ala. 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.
