Alabama's Criminal Laws -- Trafficking drugs — Alabama Pardon and Expungements Blog

Alabama’s laws provide for three levels of drug offense — Possession, Distribution, and Trafficking. Trafficking is by far the most serious of these offenses and carries a mandatory prison sentence as outlined below. The distinction between Possession, Distribution, and Trafficking is based mainly on the weight of the drugs involved.

As you will see by reading below, the punishments for Trafficking offenses in Alabama are severe and, importantly, mandatory. Prison time called for by these laws cannot be suspended or split by the sentencing judge.

These are extremely serious charges and should not be taken lightly by anyone facing a Trafficking charge. A skilled, experienced lawyer is a must for anyone facing a Trafficking offense.

This blog entry will outline the most common forms of Trafficking in Alabama — Cannabis (Marijuana,) Cocaine, and Methamphetamine — and will discuss the weights necessary to qualify under each substance:

Trafficking in Cannabis (Marijuana)

Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 pounds of any part of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including the completely defoliated mature stalks of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination is guilty of a felony, which felony shall be known as “trafficking in cannabis.” Nothing in this subdivision shall apply to samples of tetrahydrocannabinols including, but not limited to, all synthetic or naturally produced samples of tetrahydrocannabinols which contain more than 15 percent by weight of tetrahydrocannabinols and which do not contain plant material exhibiting the external morphological features of the plant cannabis. If the quantity of cannabis involved:
Is in excess of one kilo or 2.2 pounds, but less than 100 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of twenty-five thousand dollars ($25,000).
Is 100 pounds or more, but less than 500 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of fifty thousand dollars ($50,000).
Is 500 pounds or more, but less than 1,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred thousand dollars ($200,000).
Is 1,000 pounds or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

Trafficking in Cocaine

Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, described in Section 20-2-25(1), is guilty of a felony, which felony shall be known as “trafficking in cocaine.” If the quantity involved:

Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

Trafficking in Methamphetamine

Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof, is guilty of a felony, which felony shall be known as “trafficking in methamphetamine.” If the quantity involved:

Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
Is one kilo but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.

Feel free to call us at skier and associates so that we can discuss the laws of Alabama and how they apply to your case. Email us at ams@alabamapardonlawyer.com or call (334) 263-4105 because there is no substitute for getting advice from an experienced attorney.

The information in this post is only intended to be a general guide to the law, and does not substitute for the advice of an experienced lawyer.