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| Marijuana Laws in Alabama | |||
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| POSSESSION | Offense | Incarceration | Fine |
| 2.2 lbs or less | misdemeanor | 0 - 1 year | $2,000 |
| 2.2 lbs or less (second conviction) | felony | 1 - 10 years | $5,000 |
| More than 2.2 lbs | felony | 1 - 10 years | $5,000 |
| CULTIVATION | Offense | Incarceration | Fine |
| 2.2 lbs or less | felony | 3 years MMS, possible 10 - 99 years | $25,000 |
| 2.2 to 100 lbs | felony | 5 years MMS* | $50,000 |
| 100 to 500 lbs | felony | 15 years MMS* | $200,000 |
| More than 1000 lbs | felony | life MMS* | blank |
| *Mandatory minimum sentence. | |||
| SALE | Offense | Incarceration | Fine |
| To minors | felony | 10 years - life | blank |
| Within 3 miles of a school | felony | 5 years** | blank |
| Within 3 miles of a public housing project | felony | 5 years** | blank |
| **These sentences run consecutive to other sentences and cannot be probated. | |||
| TRAFFICKING | Offense | Incarceration | Fine |
| 1st offense | felony | 25 years - life | $50,000 - $1,000,000 |
| 2nd offense | felony | life MMS* | |
| *Mandatory minimum sentence. | |||
| MISCELLANEOUS | Offense | Incarceration | Fine |
| Paraphernalia possession or sale | misdemeanor | 0 - 1 year | $2,000 |
| Paraphernailia sale to minor 3 or more years younger than the seller | felony | 2 - 20 years | $10,000 |
| Any conviction causes drivers license suspension for 6 months. | |||
| DETAILS | Offense | Incarceration | Fine |
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Possession of marijuana is a criminal, arrestable offense. For possession of an amount of one kilogram (2.2 lbs) or less, the crime is a misdemeanor, punishable by up to one year in jail and a fine of up to $2,000. For possession of any amount over one kilogram, the crime is a felony, punishable by 1 - 10 years in prison and a fine of up to $5,000. The sale, cultivation or manufacture of marijuana is a felony offense. If the amount is one kilogram or less, the mandatory minimum sentence is three years in prison and a fine of up to $25,000. For an amount greater than one kilogram but less than 100 lbs, the sentence is a minimum of five years in prison and a fine of up to $50,000. For an amount up to 500 lbs, the sentence is a minimum of 15 years in prison and a fine of up to $200,000. Any amount of 1,000 lbs or greater is punishable by life without the possibility of parole. The penalties for sale of marijuana are enhanced if the sale takes place within a three-mile radius of a school or public housing project, adding five years to the sentence for the sale. Sale to minors (under 18) can increase the penalty by 10 years to life in prison, and no suspension or probation can be granted to this sentence. The possession or sale of drug paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of up to $2,000. If the paraphernalia is sold to a minor at least three years younger than the seller, the penalty becomes a felony and is punishable by 2 - 20 years in prison and a fine of up to $10,000. Any conviction for possession, sale, manufacture or cultivation also results in the suspension of the offender's driver's license for a period of six months. |
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Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole. Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties . |
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