Alabama Drug Paraphernalia Laws

Code of Alabama Title 13A Criminal Code, Article 5, Division 5 - Drug Paraphernalia Offenses

• AL Code § 13A-12-260: Drug Paraphernalia; Use or Possession; Delivery or Sale; Forfeiture

Drug paraphernalia refers to all equipment, products, and materials used, intended for use, or designed for use in the following activities (§ 13A-12-260(a)):

• Planting
• Propagating
• Cultivating
• Growing
• Harvesting
• Manufacturing
• Compounding
• Converting
• Producing
• Processing
• Preparing
• Testing
• Analyzing
• Packaging
• Repackaging
• Storing
• Containing
• Concealing
• Injecting, ingesting, inhaling, or otherwise introducing a controlled substance into the human body

Alabama law lists the following things as drug paraphernalia:

• Kits used, intended for use, or designed for planting, propagating, cultivating, growing, or harvesting plants from which one can derive a controlled substance or is a controlled substance. (§ 13A-12-260(a)(1))
• Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances. (§ 13A-12-260(a)(2))
• Isomerization devices designed to increase the potency of a species of plant that is a controlled substance. (§ 13A-12-260(a)(3))
• Testing equipment used to identify or analyze a controlled substance’s strength, effectiveness, or purity. (§ 13A-12-260(a)(4))
• Scales and balances used, intended for use, or designed to weigh and measure controlled substances. (§ 13A-12-260(a)(5))
• Dilutants and adulterants used, intended for, or designed to cut controlled substances (e.g., hydrochloride, dextrose, lactose, etc.). (§ 13A-12-260(a)(6))
• Separation gins and sifters for removing twigs and seeds from marijuana or to otherwise clean or refine marijuana. (§ 13A-12-260(a)(7))
• Devices used for compounding controlled substances, such as blenders, bowls, spoons, and mixing devices. (§ 13A-12-260(a)(8))
• Containers used for packaging small quantities of controlled substances, such as capsules, balloons, and envelopes. (§ 13A-12-260(a)(9))
• Objects used for storing or concealing controlled substances, like containers. (§ 13A-12-260(a)(10))
• Objects used to parenterally inject controlled substances into the human body, such as hypodermic syringes and needles. (§ 13A-12-260(a)(11))
• Objects one uses to ingest, inhale, or otherwise introduce marijuana, tetrahydrocannabinol, cocaine, hashish, or hashish oil into the human body. Examples include pipes, bongs, roach clips, and rolling paper, among many others. (§ 13A-12-260(a)(12)(a)-(n))

A court or other authority will consider all of the following factors when determining whether an object is drug paraphernalia or not:

• Any statements the owner or person in control of the object made concerning its use. (§ 13A-12-260(b)(1))
• Whether the owner or person in control of the object has any prior convictions related to a controlled substance. (§ 13A-12-260(b)(2))
• The object’s proximity in both time and space to a controlled substance or a direct violation of the state’s controlled substances law. (§ 13A-12-260(b)(3))
• Whether the object has any controlled substances residue on it. (§ 13A-12-260(b)(4))
• Evidence of the owner’s intent to deliver the object to a person or people they know intend to use it to Violate Alabama’s controlled substances laws. The court will consider both direct and circumstantial evidence of the owner’s intent. The owner’s innocence concerning a direct violation of such laws does not prevent the court from concluding that the object was drug paraphernalia. This inquiry extends to anyone in control of the object (i.e., not just the owner). (§ 13A-12-260(b)(5))
• Any instructions (oral or written) provided with the object concerning its use. (§ 13A-12-260(b)(6))
• Descriptive materials that accompany the object and explain or depict its use. (§ 13A-12-260(b)(7))
• Advertising concerning the object’s use. (§ 13A-12-260(b)(8))
• How the object is displayed for sale. (§ 13A-12-260(b)(9))
• Whether the owner or person in control of the object is a legitimate supplier of similar items (e.g., a licensed distributor of tobacco products). (§ 13A-12-260(b)(10))
• Evidence regarding the ratio of the object’s sale to the total sales of a business. (§ 13A-12-260(b)(11))
• Whether legitimate uses for the object exist, and, if so, the scope of such uses. (§ 13A-12-260(b)(12))
• Expert testimony concerning the object’s use. (§ 13A-12-260(b)(13))
• All other logically relevant factors. (§ 13A-12-260(b))

It’s unlawful for a person to use drug paraphernalia, possess it with the intent to use it, or use it to ingest, inhale, or otherwise introduce a controlled substance into the human body. (§ 13A-12-260(c)(1)) It’s also unlawful to do any of the following with regard to a controlled substance in violation of Alabama law:

• Plant
• Propagate
• Cultivate
• Grow
• Harvest
• Compound
• Convert
• Produce
• Process
• Test
• Analyze
• Pack
• Repack
• Store
• Contain
• Conceal

Any person who uses or possesses drug paraphernalia, as noted above, commits a Class A misdemeanor. (§ 13A-12-260(c)(2))

It’s unlawful to use, deliver, sell, possess, or manufacture drug paraphernalia with the intent to deliver, sell, or use it to manufacture a controlled substance in violation of Alabama law. (§ 13A-12-260(d)(1))

Any person who violates § 13A-12-260(d)(1) is guilty of a Class C felony. If they possessed a firearm while committing the offense, they are guilty of a Class B felony. (§ 13A-12-260(d)(2))

Any person who delivers, sells, or manufactures or possesses with the intent to deliver or sell drug paraphernalia and knows that someone will use it to do any of the following with respect to a controlled substance violates Alabama law (§ 13A-12-260(e)(1)):

• Plant
• Propagate
• Cultivate
• Grow
• Harvest
• Compound
• Convert
• Produce
• Process
• Prepare
• Test
• Analyze
• Pack
• Repack
• Store
• Contain
• Conceal
• Inject, ingest, inhale, or otherwise introduce a controlled substance into the human body

Any person who violates this section is guilty of a Class A misdemeanor. A person convicted of a second or subsequent offense is guilty of a Class C felony. (§ 13A-12-260(e)(1))

If the person was 18 years older or older and delivered drug paraphernalia to a person under 18 years old who is at least three years younger than them is guilty of a Class B felony. (§ 13A-12-260(e)(2))

Notwithstanding § 13A-12-260(e)(1), a person may possess, deliver, or sell testing equipment that detects the presence of fentanyl or synthetic opioids. § 13A-12-260(f))

All drug paraphernalia a person possesses or uses in violation of § 13A-12-260 is contraband and subject to Alabama’s forfeiture laws. (§ 13A-12-260(g))

Depending on the criminal charges a person faces, the following penalties apply upon conviction:

Class B Felony:

A mandatory minimum sentence of imprisonment of two years (up to 20 years) and a $30,000 fine. (§§ 13A-5-6(a)(2); 13A-5-11(a)(2))

Class C Felony:

A mandatory minimum sentence of imprisonment of one year and one day (up to 10 years) and a $15,000 fine. (§§ 13A-5-6(a)(3); 13A-5-11(a)(3))

Class A Misdemeanor:

Up to one year of jail time and a $6,000 fine. (§§ 13A-5-7(a)(1); 13A-5-12(a)(1))