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Marijuana Possession in Birmingham

As more and more states in America move to decriminalize or legalize marijuana possession, Alabama remains steadfast in its prohibition of marijuana possession in any form. Even if you do not consider marijuana possession to be a serious offense, the courts in Alabama still take it seriously. This means that prosecutors are motivated to prosecute you as a criminal defendant to the fullest extent of the law.

To protect yourself effectively, you may need competent legal representation from a Birmingham marijuana possession lawyer. Consult a trustworthy drug attorney and know that you are in capable hands.

Marijuana Possession Laws in Alabama

According to Alabama Code §13A-12-213, which criminalizes Unlawful Possession of Marijuana in the First Degree, a person unlawfully possesses marijuana when the drug is used for anything other than personal use, or if it is possessed for personal use after a prior conviction for unlawful possession.

Unlawful possession of marijuana in the first degree can be classified as a Class C felony, which has a potential penalty of up to 10 years in jail and a fine of up to $15,000, or a Class D felony, which requires the defendant to serve a minimum of 1 year and 1 day in prison up to a maximum of 5 years.

The lesser offense of Alabama Code §13A-12-214, Unlawful Possession of Marijuana in the Second Degree, requires a person only to possess marijuana for personal use. This is considered a Class A misdemeanor, which could involve a fine of up to $6,000 and incarceration of up to one year. It should be noted that possession of salvia is also criminalized in Birmingham under Alabama Code §13A-12-214.1.

Factors That Impact Marijuana Possession Penalties

The more marijuana a person possesses, the more serious the charges and penalties may be. A number of additional factors can influence how the criminal law applies to a particular case, including:

  • Quantity of marijuana possessed
  • Location where the arrest took place
  • Whether the possessed amount indicates a desire to distribute
  • Proximity of arrest to sensitive areas, such as school zones
  • Criminal history of the accused

In terms of criminal backgrounds, more than one prior conviction for a felony level offense could trigger the Habitual Offender Act, which levies harsher sentences against recurring criminal defendants. This act does not apply to Class D Felonies, however.

What Does a Marijuana Possession Lawyer Do?

Initially, a Birmingham marijuana possession lawyer will sit down with you and listen to your side of the story, including what happened before, during, and after your arrest. Whitney Polson will then ask you about your first court appearance so that he can begin filing motions to obtain copies of all the state’s evidence against you. Attorney Polson will also begin to plan his attack in court.

Contact a Birmingham Marijuana Possession Attorney

Finding the right legal representation could make a significant improvement in not only the management of your legal case but also in your attitude about its outcome. Contact a Birmingham marijuana possession lawyer to discuss your case, learn about the charges, and learn how our legal services can benefit your needs.

You do not have to face criminal charges alone. Call today for more information.

Client Reviews
Whitney Polson is a no-nonsense attorney who delivered exactly what he said he would on my case...thank you so much sir...I would definitely recommend anyone facing a DUI to retain this man. D.B.
If you are looking for an attorney I must recommend Mark Polson of Polson & Polson. My case was successfully moved from a February to a December court date and was dismissed. I am extremely please with the way this firm handled the case and was able to secure the dismissal. Thank you again to Polson & Polson for your professionalism and knowledge that we needed for this situation. Best Regards to all. Julie C.
Wow! I never could have hoped for our lawyer to work as fast as he did but Whitney was lightning fast! Very attentive to the details, never left me hanging along the journey-I used online reviews in choosing him and now I want to pass that on-if you need a lawyer (ours was a traffic court case with complications), I HIGHLY recommend this firm! Claire B.