The Legality of Marijuana Possession in Alabama: Laws and Penalties

Terry Luck • August 5, 2021
Is Marijuana Possession Still a Crime in Alabama?

Is Marijuana Possession Still a Crime in Alabama?

The laws surrounding marijuana in the United States are increasingly confusing, given that hemp is federally legal, smokable hemp-derivative products are legal in many states, and even recreational marijuana is legal in a growing number of states.


In this article, we will explore whether marijuana possession is still a crime in Alabama, or if, like many other states, marijuana possession has been decriminalized or even fully legalized. It is important to know the laws of your state to ensure that you comply and can defend against any criminal charges.


An experienced Montgomery criminal defense attorney can help if you’ve got any marijuana-related charges in Alabama, and Luck Law, LLC has experience with marijuana possession cases and is here to help. 


Recreational Marijuana is Currently Illegal in Alabama 

While dozens of states have legalized recreational marijuana, or at minimum, decriminalized recreational marijuana possession in small amounts, this is not the case in Alabama. According to NORML, the National Organization for the Reform of Marijuana Laws, recreational marijuana is illegal in Alabama, and possession of any amount for personal use is a misdemeanor punishable by up to a year of imprisonment and a maximum fine of $6,000. The possession of any amount other than personal use is a felony punishable by a minimum of one year and one day in jail and up to 10 years, with a fine of up to $15,000. 


Medical Marijuana in Alabama is Limited 

Alabama has a limited medical marijuana industry, which allows for high-CBD/low-THC cannabis to be provided for medical patients with a prescription. To attain a prescription, a physician must have recommended medical marijuana based upon a state-qualifying condition. If you are in possession of medical marijuana legally, upon testing, if the THC amount is higher than the legal threshold, you may still be charged with marijuana possession. If you are caught in possession of marijuana, whether medical or recreational, you may be arrested even while testing of the substance is pending. An experienced criminal defense attorney can help you navigate the complex charges you might encounter. 


Marijuana Possession Laws in Alabama Could be Changing 

Politicians in Alabama are noticing the national trend towards accepting recreational cannabis or decriminalizing small amounts of possession. Alabama politicians have proposed a bill that would make small amounts of marijuana possession punishable by only a fine and without any criminal charges. This has yet to pass, however, so if you are found in possession of marijuana without a medical marijuana card, you may be charged, and your freedom could be at risk.


Call Luck Law, LLC Now to Explore How We Can Help with Your Marijuana Possession Charge

An experienced Montgomery criminal defense attorney can mean the difference between your freedom or your incarceration and may help to mitigate or lower any related fines or time required in prison that accompanies them. To receive trusted legal representation, schedule an appointment now with Luck Law, LLC by calling us at 334-262-5455 or contact us online.

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