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Alabama Drug Charges

Overview.

Drug charges are some of today’s most common criminal charges. Drug charges range from misdemeanors to Class A felonies. Although drug charges are common the commonality does not negate the very serious repercussions that can affect your life. When faced with a drug charge you need an attorney who is familiar with alternative sentencing and has a working knowledge of proper police procedure for effectuating drug charges and arrests. Alternative Sentencing is a type of sentencing that is imposed facilitate rehabilitation, and to avoid incarceration in order to alleviate over-crowding in correctional facilities. Some types of alternative sentencing are: rehabilitation through a drug court or program, community service, probation, or house arrest. In some cases completion of a drug program can result in a dropped charge. The attorneys at The Beard Law Group are prepared to guide you through each phase of your drug charge, and advocate for the best possible outcome.

There are several types of drug offenses that are punishable in Alabama such as:

Inchoate Drug Offenses

Inchoate drug offenses are those offenses attempted but not completed. Some examples of inchoate drug offenses are:

  •  Criminal solicitation to commit controlled substance crime.
  •  Attempt to commit controlled substance crime.
  •  Criminal conspiracy to commit controlled substance crime.

Drug Possession and Sale Offenses

Drug possession charges are those charges that occur when an illegal or controlled substance has been found in your possession whether it is active or constructive.  Actual possession is where an individual has an illegal drug on their person, and constructive possession is where a person has knowledge of the illegal drug and the ability to access this contraband. Some examples of drug possession and sale offenses are:

  •  Unlawful distribution of controlled substances.
  •  Unlawful possession or receipt of controlled substances.
  •  Unlawful possession of marijuana in the first degree.
  •  Unlawful possession of marijuana in the second degree.
  •  Sale, furnishing, etc., of controlled substances by persons over age 18 to persons under age 18.
  •  Unlawful manufacture of controlled substance in the second degree.
  •  Unlawful manufacture of controlled substance in the first degree.
  •  Unlawful possession of anhydrous ammonia.

Drug Trafficking Offenses

Drug trafficking is considered to be the importation or exportation of drugs across state lines. Some examples of drug trafficking charges are:

  • Trafficking in cannabis, cocaine, etc.; trafficking in illegal drugs; trafficking in amphetamine and methamphetamine.

Punishments and Classes

  • The punishment and classes for drug trafficking offenses is largely dependant upon the type of drug and the quantity.

Drug Paraphernalia Offenses

Drug paraphernalia can be any items that are used for the preparation or ingestion of illegal drugs such as pipes or syringes.  A drug paraphernalia offense can be for any of the following:

  •  Drug paraphernalia; use or possession; delivery or sale; forfeiture.

Penalties and Classes include but are not limited to the following:

  •  A possession with intent to use drug paraphernalia conviction is a class A misdemeanor. A Class A misdemeanor is one in which the sentence can be no less than one (1) year (which is generally served in the county jail in which you were arrested), and fine that may not exceed $6,000.00.
  •  A delivery or selling, possession with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia conviction is a Class A misdemeanor. A Class A misdemeanor is one in which the sentence can be no less than one (1) year (which is generally served in the county jail in which you were arrested), and fine that may not exceed $6,000.00. However, a subsequent conviction is a Class C felony. A Class C felony is one in which the sentence is no less than two (2) years and no more than twenty (20) years. A fine may also be imposed for a Class C felony, but it may not exceed $5,000.00.

*Information contained herein was derived from The Code of Alabama 1975