Alabama Pardon and Expungements BlogAlabama’s Criminal Laws: Possession of Marijuana
While other states are decriminalizing or even legalizing marijuana for recreational use, Alabama has not changed their marijuana laws.
Alabama law allows for possession of marijuana in the first degree (POM I) and second degree (POM II). POM II is different from POM I because POM II is for first time offenders that are caught with only a small, or “personal use” amount of marijuana.
POM I is a Class D Felony, while POM II is a Class A Misdemeanor.
If you or someone you care about has been charged with any type of marijuana possession, you should give us a call at Skier & Associates. We are available to discuss your case with you, offer advice on what you should do or what you should refrain from doing, and discuss representing you when your case goes to court.
In addition, if you are looking at a conviction or pleading guilty there are also options that we can tell you about that may help you get the conviction off of your criminal record such as Drug Court or Pre-trial Diversion.
UNLAWFUL POSSESSION OF MARIHUANA 1st Degree – Code of Alabama Section 13A-12-213
A person commits the crime of unlawful possession of marijuana in the first degree if they possess marijuana “for other than personal use.”
Unlawful possession of marijuana for other than personal use is a Class C felony and the possible sentence is 1 year and 1 day to 10 years.
A person also can be charged with the crime of unlawful possession of marijuana in the first degree if they possess marijuana “for his or her personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his or her personal use only.”
Unlawful possession of marijuana even for personal use is a Class D felony and the sentence cannot be for more than 5 years and cannot be for less than 1 year and 1 day if it is the person’s second possession of marijuana conviction.
UNLAWFUL POSSESSION OF MARIHUANA 2nd Degree- Code of Alabama Section 13A-12-214
Someone commits the crime of unlawful possession of marijuana in the second degree if they possess marijuana “for his personal use only.”
Unlawful possession of marijuana in the second degree is a Class A misdemeanor and the sentence in the county jail cannot be for more than one year.
As stated above, it is important that anyone accused of the offense of possession of marijuana confer with a lawyer at the earliest possible time in order to explore all options that may be available.
This blog is only intended to be a general guide to the state of Alabama’s laws on possessing marijuana. There is no substitute for getting advice from an experienced lawyer who works with these laws daily. Call or email Skier & Associates so we can discuss the specific facts of your case and to see what we can do for you. You can email us at blog@alabamapardonlawyer.com or call (334) 263-4105.