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.

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.

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.

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.

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.