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Drug PossessionThis article will cover:

  • What determines whether drug possession charges in Alabama are misdemeanors or felonies.
  • The potential penalties and consequences of drug possession charges in Alabama.
  • The option of drug court to avoid a conviction.

Are Drug Possession Charges Misdemeanor Or Felony Charges In Alabama?

Drug possession in Alabama can result in either misdemeanor or felony charges, depending on the type of drug you possess. If you are found with prescription drugs that are not controlled substances, it is considered a misdemeanor. Similarly, if it’s your first time possessing marijuana for personal use, it is also a misdemeanor.

However, if you have previously been convicted of marijuana possession for personal use, then your second offense will be considered a felony. All other drug possession crimes are also felonies.

What Are The Potential Penalties If Convicted?

Most felony drug crimes are classified as Class D felonies, which carry a minimum sentence of one year and one day, up to a maximum of five years. However, if this is your first time being charged with drug possession, you may be eligible to participate in a drug court program, which could lead to the dismissal of your charge.

If I Was Arrested And Charged For Drug Possession Near Just Jefferson County In Alabama And It’s My First Offense, Will I Have To Go To Jail?

If it is your first offense, it is unlikely that you will be sent to jail immediately. Instead, you may be given the opportunity to participate in a drug court program before any jail or prison sentence is considered.

Am I Eligible For Drug Courts With A First Or Second Drug Possession Charge In Shelby County, Jefferson County, Or Any Of The Above Counties?

As long as there are no aggravating factors and the possession is for personal use, you are likely eligible to participate in a drug court program and potentially have your case dismissed. However, if the arresting officer determines that you have an intent to distribute the drugs due to how they are stored, then it will not be considered a personal use possession case, and you may not be eligible for drug court.

For more information on Drug Possession Charges In Alabama State, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (205) 662-2061 today.

Jim Pino & Associates, P.C.

Call Today To Schedule An Appointment
(205) 662-2061