Birmingham Drug Possession Lawyer | Alabama Criminal Lawyers, LLC (2024)

Arrested for Possession of a Controlled Substance in Birmingham, Alabama?

All drug possession charges need to be taken seriously, whether you are accused of possession of paraphernalia or possession of methamphetamines. When you are arrested for actual or constructive possession of a controlled substance in Birmingham, you will probably face a felony drug offense.

Only a few drug possession situations lead to misdemeanor charges. Conviction of a felony drug possession charge in Alabama could lead to years in prison, years of probation, high fines, and when you are free, trouble getting a job and moving forward with your life. A Birmingham drug possession lawyer from Alabama Criminal Lawyers can defend you against your possession of a controlled substance charges and fight to win the best possible outcome in your case.

Call our drug possession lawyers today at (205) 981-2450 or use the online form to request a free consultation.

Our Drug Possession Lawyers Can Help if You Have Been Charged

We recommend you contact Alabama Criminal Lawyers following an unlawful possession of a controlled substance charge. Our drug possession lawyers have 20 years of combined experience, offer free consultations, and are here to defend you against allegations of:

• Possession of marijuana
• Possession of methamphetamines
• Possession of amphetamine
• Possession of cocaine or crack cocaine
• Possession of heroin
• Possession of LSD
• Possession of GHB, Rohypnol, ketamine, or other date-rate drugs
• Possession opioids
• Possession of Xanax or other prescriptions
• Possession of synthetic controlled substances

How to Defend Against Possession of a Controlled Substance Charges in Birmingham, AL

When you are accused of possessing illegal drugs, you should consult with a Birmingham drug possession lawyer about the strongest possible defense. Depending on the circ*mstances, we may argue:

• You did not have actual or constructive possession of the drug;
• You lacked knowledge that the drug was in your vehicle, home, or office;
• You were the victim of an unconstitutional stop;
• You were the victim of an unconstitutional search and seizure;
• You were the victim of an illegal interrogation; or
• An inaccurate test resulted in a false positive for a drug.

Alabama Drug Possession Laws

Possession of a controlled substance, unless you have a valid prescription or other authorization, is illegal in Birmingham and throughout Alabama. Under AL Code 13A-12-212, the law states you commit a Class D felony if you unlawfully possess a controlled substance in Schedules I through V, or if you use fraud, deceit, misrepresentation, or subterfuge; alter a prescription; or give a false name or address to obtain a controlled substance or a precursor chemical.

Marijuana is treated differently than other controlled substances. Under AL Code 13A-12-214, possession of marijuana for personal use only is a Class A misdemeanor. This is known as possession of marijuana in the second degree.

You can be charged with a Class C felony if you possess marijuana for something other than personal use. Or, if you possess marijuana for personal use, but have been previously convicted of a marijuana crime, you face a Class D felony.

To talk about the level of the charge you will face if you are caught with drugs, or if drugs were found in your home, vehicle, or workplace, contact a drug possession attorney right away.

Alabama Schedule of Controlled Substances

Each state and the federal government has a schedule that places controlled substances into different categories based on the drug’s scientific value and its likelihood to cause dependence and abuse. Alabama’s schedule is found in AL Code 20-2-22 through 20-2-31:

• Schedule I: A high potential for abuse and no accepted medical uses in the U.S. Includes opiates, some opium derivatives, heroin, hallucinogenic substances like LSD, and marijuana.
• Schedule II: A high potential for abuse, some currently accepted medical uses in the U.S., and the abuse may lead to psychological or physical dependence. Includes opium, cocaine, and methadone.
• Schedule III: Some potential for abuse, currently accepted medical uses in the U.S., and abuse may lead to moderate or low physical dependence or high psychological dependence. Includes amphetamines and lysergic acid.
• Schedule IV: Low potential for abuse relative to Schedule III substances, currently accepted medical uses in the U.S., and abuse may lead to limited physical or psychological dependence. Includes barbiturates.
• Schedule V: Low potential for abuse relative to Schedule IV substances, currently accepted medical uses in the U.S., and limited risk of physical or psychological dependence. Includes medications containing small amounts of codeine.

Actual Possession vs Constructive Possession in Alabama Drug Cases

You can be charged with a crime for actual or constructive possession of drugs in Alabama.

Actual possession occurs when the drugs are on your person, such as in your pocket or a backpack you are wearing.

Constructive possession means the drugs were within your vicinity and control. You could easily reach the drugs if you wanted to. Prosecutors may claim you had constructive possession of one or more drugs if they were found in your vehicle, home, or office.

You should talk with a Birmingham drug possession lawyer about whether the prosecutors are claiming you had actual or constructive possession of the controlled substance. Many prosecutors claim you had possession of drugs because they were in the vicinity, but we know they may have been someone else’s drugs.

You may have been in a friend’s car or someone else brought drugs into your vehicle without your knowledge. A family member or roommate may be responsible for the police finding drugs in your home.

At Alabama Criminal Lawyers, we will aggressively argue against claims of constructive possession of drugs.

Penalties & Jail Time for Possession of a Controlled Substance in Alabama

Misdemeanor possession of a controlled substance is only for first-time marijuana possession for personal use in Alabama. A Class A misdemeanor is punishable by:

• Up to one year in jail,
• Probation,
• Community service,
• Fines up to $500, and
• Asset forfeiture.

If you are facing a first-time offense for possession of a controlled substance other than marijuana, then you are charged with a Class D felony, punishable by:

• Between one year and one day and five years in prison,
• Months or years of probation,
• Community service,
• Driver’s license suspension,
• Fines up to $7,5000, and
• Asset forfeiture.

However, the amount of a drugs in your possession matters. If you have a larger amount of a controlled substance, then you may be charged with distribution or trafficking instead of possession, both of which are more serious felony offenses.

Drug Possession v. Distribution v. Trafficking in Alabama

You will face drug distribution charges if you possess:

• Between 8 and 28 grams of cocaine or any mixture containing cocaine;
• Between 2 and 4 grams of morphine, opium, or heroin;
• Between 8 and 28 grams of amphetamines;
• Between 8 and 28 grams of methamphetamines.

Distribution is charged as a Class B felony.

If you are accused of possessing or controlling greater amounts of these drugs, then you will be charged with felony trafficking. Alabama law prescribes harsh mandatory minimums of imprisonment and fines for trafficking controlled substances.

Contact a Birmingham Drug Possession Lawyer Today

Whatever the allegations against you, we will aggressively pursue the best possible outcome in your case. Whether this is a misdemeanor for first-offense possession or a felony for a second or subsequent possession offense, drug possession lawyers are here to help.

Contact us online or call (205) 981-2450to schedule your free consultation.

Drug Possession FAQs

What is possession of a drug charge in Alabama?

Drug possession in Alabama is a Class D felony, unless you are accused of possessing a small amount of marijuana. You can be sentenced between one year and one day and five years in prison, and your penalty is subject to Alabama’s sentencing guidelines. Depending on mitigating or aggravating factors, you may face a lower or greater penalty

What is unlawful possession of a controlled substance in Alabama?

You can be charged with felony drug possession if you have actual or constructive possession of any controlled substance. Actual possession means the drugs are on your person or in your immediate vicinity. Constructive possession means you were aware of the drugs, could access them, and had control over them.