Alabama Drug Possession Laws

By Samuel Strom, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 29, 2024

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In Alabama, unlawfully possessing controlled substances like heroin or methamphetamine can result in years of jail time and hefty criminal fines. Similarly, possessing prescription medications without a valid prescription can result in felony or misdemeanor charges. 

Like most states, Alabama criminalizes the unlawful possession of controlled substances. However, possessing a valid prescription for a controlled substance is generally a defense to prosecution.

The state of Alabama classifies controlled substances into five different schedules. Generally speaking, the more danger of abuse and dependence that a drug presents, the more severe the criminal penalties are for unlawfully possessing it. These factors, along with a drug’s accepted medical uses in the United States (if any), also determine the schedule into which a state classifies a drug.

This article overviews Alabama’s drug possession laws. It begins with a brief overview of Alabama’s controlled substances classifications. It provides a chart that summarizes the state’s laws and criminal penalties for the illegal possession of controlled substances. It concludes with a list of related resources you may find helpful as you continue researching state drug laws.

Alabama’s Controlled Substances Schedules

Alabama’s drug schedules include illegal drugs and prescription drugs. As noted above, you can face criminal penalties for possessing illegal drugs. However, possessing a controlled substance for which you have a valid prescription is perfectly legal.

Examples of drugs in each of Alabama’s schedules include:

  • Schedule I: DMT, heroin, LSD, marijuana (“marihuana”), psilocybin, and over 50 different types of opiates and opioids
  • Schedule II: Cocaine, Fentanyl, methadone, and all opiates and opioids not otherwise classified
  • Schedule III: Amphetamines, methamphetamine, PCP, and mixtures containing small amounts of codeine
  • Schedule IV: Various depressants like barbital and paraldehyde
  • Schedule V: Mixtures containing small amounts of codeine, opium, among others

Alabama Drug Possession Laws: Overview

The chart below contains a summary of Alabama’s drug possession laws. For more information, visit the links in the chart or the Related Resources section below.

Code Sections

Code of Alabama Title 13A Criminal Code, Chapter 12, Article 5, Division 2 - Drug Possession and Sale Offenses

  • AL Code § 13A-12-211 - Unlawful Distribution of Controlled Substances; Possession with Intent to Distribute a Controlled Substance
  • AL Code § 13A-12-212 - Unlawful Possession or Receipt of Controlled Substances
  • AL Code § 13A-12-213 - Unlawful Possession of Marihuana in the First Degree
  • AL Code § 13A-12-214 - Unlawful Possession of Marihuana in the Second Degree

Code of Alabama Title 20, Food, Drugs and Cosmetics, Chapter 2, Article 2

  • AL Code § 20-12-20 et. seq - Controlled Substances Schedules I-V

Unlawful Possession with Intent to Distribute

A person who knowingly possesses any of the following quantities of controlled substances commits the crime of unlawful possession with intent to distribute a controlled substance (unless the law authorizes them to possess it):

  • More than eight grams, but less than 28 grams, of cocaine (or a mixture containing cocaine). (§ 13A-12-211(c)(1))
  • More than two grams, but less than four grams, of any mixture of morphine, opium, or their salts or isomers, including heroin or any mixture containing Fentanyl, synthetic controlled substance Fentanyl, or a fentanyl analogue. (§ 13A-12-211(c)(2))
  • More than eight grams, but less than 28 grams, of 3,4-methylenedioxy amphetamine or any mixture containing it. (§ 13A-12-211(c)(3))
  • More than eight grams, but less than 28 grams of 5-methoxy-3, 4-methylenedioxy amphetamine, or any mixture containing them. (§ 13A-12-211(c)(4))
  • More than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine or its salts, optical isomers, or salt of its optical isomers. (§ 13A-12-211(c)(5))
  • More than eight grams, but less than 28 grams, of methamphetamine or any mixture containing it or its salts, optical isomers, or salts of its optical isomers. (§ 13A-12-211(c)(6))
  • More than one-half of a gram, but less than one gram, of Fentanyl or a synthetic controlled substance Fentanyl analogue, as a single component. (§ 13A-12-211(c)(7))

Unlawful possession with the intent to distribute a controlled substance is a Class B felony. (§ 13A-12-211(d))

Unlawful Possession of Controlled Substances (UPOCS)

A person who does any of the following commits the crime of the unlawful possession of a controlled substance (“UPOCS”):

  • They possess a controlled substance listed in Schedules I through V (except as authorized). (§ 13A-12-212(a)(1))
  • They obtain a controlled substance listed in Schedules I through V (or a precursor to a controlled substance) through fraud, deceit, misrepresentation, subterfuge, altering a prescription or written order, concealing a material fact, or using a false name or address. (§ 13A-12-212(a)(2))

UPOCS in Alabama is a Class D felony. (§ 13A-12-212(b))

Unlawful Possession of Marijuana (“Marihuana”) in the First Degree

A person who does any of the following commits the crime of unlawful possession of marihuana in the first degree (unless otherwise authorized):

  • They possess marihuana for a reason other than personal use. (§ 13A-12-213(a)(1))
  • They possess marihuana for personal use after they were previously convicted of either the unlawful possession of marihuana in the second degree or unlawful possession of marihuana for personal use. (§ 13A-12-213(a)(2))

A violation of § 13A-12-213(a)(1) is a Class C felony. A violation of § 13A-12-213(a)(2) is a Class D felony.

Unlawful Possession of Marijuana (“Marihuana”) in the Second Degree

A person who possesses marihuana only for their personal use commits the crime of unlawful possession of marihuana in the second degree (unless they were otherwise authorized to possess it). (§ 13A-12-214(a))

Unlawful possession of marihuana in the second degree is a Class A misdemeanor. (§ 13A-12-214(b))

Penalties

A person convicted of a Class B felony faces the following:

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

A person convicted of a Class C felony faces the following punishments:

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

A person convicted of a Class D felony faces the following punishments:

  • A mandatory minimum sentence of one year and one day of imprisonment, up to five years (§ 13A-5-6(a)(4)), and
  • A fine of up to $7,500. (§ 13A-5-11(a)(4))

A person convicted of a Class A misdemeanor faces the following punishments:

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

Note that a person who has prior convictions related to drug crimes may face more severe penalties than the ones noted above.

Note: State laws are subject to change through the actions of the state legislature, higher court decisions, and other means. Contact an Alabama criminal defense attorney or visit the Code of Alabama to verify the state laws you are researching are current.

Related Resources

Consult the list below for articles related to Alabama’s drug crimes and more general information about drug offenses:

Consider browsing FindLaw’s Marijuana Possession Laws By State article for a list of other states’ drug laws.

Facing Drug Possession Charges? An Attorney Can Help

If the state of Alabama has charged you with the unlawful possession of a controlled substance, you could likely use an attorney’s help. All criminal defendants have a right to an attorney, whether they can afford one or not. Contact an Alabama criminal defense attorney or drug crime lawyer today for specific legal advice and defense strategies in your drug case.

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