Alabama Drug Possession Charges

Much like DUI charges in Alabama, possession of illegal drugs, prescription medicines that are not yours, or possession of items relating to the selling, growing, or distributing of drugs is a very serious offense. It can carry very hefty penalties if you are convicted, and these follow you for the rest of your life. Some of the toughest sentences in the state of Alabama deal with drugs, in an effort to curb drug problems and repeat offenses statewide.

The classification of the charge—misdemeanor or felony—depends on how much you have in your possession when you are arrested. The more you have, the higher the classification will become and the more serious the consequences if you are convicted. That is why it is so critical to begin building a successful defense in your case as soon as possible, to protect your rights and your future. Our track record with these types of cases is excellent, and we have seen much better than expected results in more than 90% of our cases over the last two decades.

Misdemeanor Possession Charge

There is only one illegal drug that can be classified as a misdemeanor if you are caught with it, and that is marijuana. If you are arrested for possession of any other controlled substance, even if it is a very small amount, it will be classified as a felony in the state of Alabama. The misdemeanor possession charge carries up to 12 months in jail and a monetary fine of up to two thousand dollars, and you could receive one or both penalties, depending on the situation.

The misdemeanor option for possession of marijuana is only available for a first offense, even if you have the same amount or a lesser one the second time around. Second offenses, no matter how minute, are going to be classified as felonies. The classification is harsh in order to discourage repeat offenses in the state, and most states crack down very hard on any type of drug charges for the same reason.

Felony Possession Charge

All other controlled substances, in whatever amount, are classified as felony charges in the state of Alabama. You face between one and ten years of jail time, depending on the circumstances surrounding the case, and a fine of five thousand dollars, which may be imposed on top of the jail time rather than in place of it. Keep in mind that this is the type of charge that normally accompanies other charges, so the penalty could be in addition to other punishments.

The term of imprisonment and amount of fine increases dramatically if you are caught in possession of a large amount of the drug, especially the monetary fine amount. The minimum jail time becomes a period of no less than three years, and the fine jumps from five to fifty thousand dollars or more. This is because the possession charge becomes a drug trafficking charge with large amounts, even if you claim that it was intended for personal consumption.

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About handlawfirm

Born September 12, 1964, Ben earned a Bachelor of Science in Business Management degree from Auburn University in 1987 and a Juris Doctorate degree from Cumberland School of Law in 1990. Ben has been a practicing attorney since 1990 and spent six years in Central America. He is familiar with customs and conditions of the region and is fluent in Spanish. Ben established and is currently the Vice President of the Legal and Contracting with Emergency Response Training Systems, the only company to run military style software (jcats/acats) for training of civilian law enforcement (ERTS Opelika, Alabama). This also provides homeland security training for the Auburn University Homeland Security department. Ben Hand is the winner of various Who’s-Who Awards, the Republican of the year for 2001, and a Republican Nominee for the U.S. House in 1994. He is licensed to practice law in Alabama and Georgia. Ben founded Hand, Fellows and Associates law firm and is the founding member of the board of directors of Beacon University in Columbus, Georgia. Ben currently represents thirty-two different non-profit organizations in Alabama, Texas, Georgia and Tennessee. He is a business legal adviser to seventy-five different small businesses and corporations. Ben was hired by Chief of police, Terry Sanders, to represent him in a dispute with the Valley City Council in Valley, Alabama and was also hired by Chief of Police, Ben Brown, to represent him in negotiations with the Lanett City Council and the mayor of Lanett, Alabama. The former city attorney for Uniontown, Alabama, Ben is a city prosecutor for cities of Opelika and Roanoke in Alabama. Ben is a family court referee in Lee County, Alabama and was appointed by Governor Bob Riley as an Administrative Law Judge for State Health Planning and Development Agency. He successfully represented the State Republican party in Lee County during Governor Bob Riley’s election challenge 2002. Governor Bob Riley was elected by a narrow margin and the outgoing Governor challenged the election. Ben was asked by Governor Riley to represent him in Lee County. Governor Riley won and the challenge was dropped by the outgoing Governor. Ben was a guest lecturer for the Auburn University Safe House. He instructed the local law enforcement and Domestic Violence counselors on obtaining protection from abuse orders. Ben was a guest lecturer for Auburn University SOAR for lawyers and realtors on construction law. He is an elder at Believers Church in Auburn, AL and on the board of directors for the Spirit of Life Church in Murfreesboro, TN. Ben is a Gideon speaker and member since 1992 and a Municipal Judge in Wedowee, Alabama since 1995. Ben%2
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