Marijuana

Marijuana possession for personal use in Alabama is a Class A misdemeanor under Alabama Code § 13A-12-214, carrying up to one year in jail. Possession not for personal use is a Class C felony under § 13A-12-213. Trafficking begins at 2.2 pounds under § 13A-12-231 and carries mandatory minimum prison sentences with no probation.

How Does Alabama Classify Marijuana Offenses?

Alabama classifies marijuana offenses based on quantity, intent, and whether the defendant has prior convictions. The same substance can result in a misdemeanor or a mandatory life sentence depending on how much is involved and what the state believes it can prove about the defendant's purpose.

Personal Use Possession - Class A Misdemeanor

Under § 13A-12-214, possession of marijuana for personal use is a Class A misdemeanor carrying up to one year in jail and a fine of up to $6,000. This is the only marijuana offense in Alabama that is not automatically a felony on a first offense. However, a second conviction for personal use possession elevates the charge to a Class D felony carrying 1 year and 1 day to 5 years under § 13A-12-213(c). For a broader overview of how all drug possession charges work in Alabama, see our drug possession defense page.

Possession Not for Personal Use - Class C Felony

Under § 13A-12-213(b), possession of marijuana for purposes other than personal use is a Class C felony carrying 1 year and 1 day to 10 years in prison and a fine of up to $15,000. The state does not need to prove an actual sale — quantity, packaging materials, scales, multiple baggies, large amounts of cash, or communications suggesting distribution can all support a charge of possession not for personal use.

Distribution and Sale - Class B Felony

Under § 13A-12-211, the unlawful distribution, sale, or delivery of marijuana is a Class B felony carrying 2 to 20 years in prison and a fine of up to $30,000. Sale to a minor is a Class A felony carrying 10 years to life. Sale within 3 miles of a school or public housing project adds a mandatory 5-year sentence enhancement under § 13A-12-250.

Cultivation and Manufacturing - Class B Felony

Growing or manufacturing marijuana is charged as unlawful manufacture under § 13A-12-217, a Class B felony carrying 2 to 20 years. Alabama treats cultivation for purposes other than strict personal use as manufacturing, regardless of the number of plants.

Trafficking in Cannabis - Class A Felony

Under § 13A-12-231, trafficking in cannabis is triggered by possession of more than 2.2 pounds (1 kilogram). All trafficking offenses are Class A felonies with mandatory minimum sentences that cannot be reduced by the court. For detailed threshold amounts and mandatory minimums by weight tier, see our drug trafficking defense page.

DUI with Marijuana

Driving under the influence of marijuana is prosecuted under § 32-5A-191, Alabama's DUI statute. Unlike alcohol, Alabama has no specific THC impairment threshold the state must prove the defendant was under the influence to a degree that rendered them incapable of safely operating a vehicle. A first-offense DUI is a misdemeanor; subsequent offenses escalate to felony charges. If a DUI involving marijuana results in a death, the charge can escalate to vehicular homicide.

THC Concentrates, Vapes, and Hashish

THC concentrates , including vape cartridges, wax, shatter, dabs, and hash oil are classified as Schedule I controlled substances in Alabama, not as marijuana. Possession of any amount is charged under § 13A-12-212 as a Class D felony carrying 1 to 5 years. There is no misdemeanor-level personal use exception for THC concentrates, even on a first offense.

What About Medical Marijuana in Alabama?

Alabama passed the Darren Wesley 'Ato' Hall Compassion Act (Act 2021-450) in 2021, which authorized a limited medical cannabis program. The Alabama Medical Cannabis Commission (AMCC) oversees licensing and regulation. However, the program has faced significant delays , as of mid-2026, licensed dispensaries have only recently begun operations after years of litigation over licensing. The medical cannabis program does not decriminalize recreational marijuana. Possession without a valid AMCC patient card remains a criminal offense under the statutes described above.

What Defenses Are Available for Marijuana Charges?

At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us and build a strategy around the specific facts of your case.

Challenging the Search and Seizure

The Fourth Amendment requires law enforcement to have a valid warrant, probable cause, or a recognized exception to conduct a search. If marijuana was discovered during an unlawful traffic stop, a warrantless vehicle search, or a search that exceeded the scope of a warrant, we move to suppress the evidence. Without the marijuana itself in evidence, the state's case collapses.

Challenging the "Personal Use" vs. "Not Personal Use" Determination

The difference between a Class A misdemeanor and a Class C felony turns on whether the marijuana was for personal use. The state often relies on quantity, packaging, and circumstantial evidence to argue distribution intent. We challenge those inferences by presenting evidence that the marijuana was for personal consumption , which can mean the difference between a misdemeanor and years in prison.

Challenging the Weight

Trafficking charges turn on weight. We challenge every aspect of the weight determination: scale calibration, chain of custody, whether stems, seeds, and packaging were improperly included, and whether the substance was properly identified through lab testing.

Constructive Possession

When marijuana is found in a shared space , a vehicle with multiple occupants, a home with roommates , the state must prove the defendant had knowledge of and control over the substance. Proximity alone is not enough. We challenge constructive possession by demonstrating the defendant lacked knowledge, access, or dominion.

Our attorneys have defended marijuana and drug crime cases at every stage in Birmingham, Huntsville, Mobile, and across Alabama. For information on clearing your record, visit our expungement page.