Updated on May 26, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
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 Class A Misdemeanor, punishable by up to one year in jail and a fine of up to $6,000. A second offense for minor marijuana possession becomes a Class C felony, carrying a possible penalty of not more than 10 years and not less than one year and one day, nor more than a $15,000 fine. 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 $15,000.
The sale, cultivation or manufacture of marijuana shall be known as “trafficking in cannabis” and is a felony offense. For an amount greater than one kilogram (2.2 lbs) but less than 100 lbs, the sentence is a minimum of three years in prison and a fine of up to $25,000. For an amount greater than 100 lbs but less than 500 lbs, the sentence is a minimum of 5 years in prison and a fine of up to $50,000. For an amount up to 1000 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.
1.) Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000.
2.) The sale to a minor is a felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000.
3.) Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment.
Note: The imposition of the sentence will not be suspended and probation will not be granted.
1.) The sale, cultivation, or manufacture of 2.2 lbs- 100 lbs. is considered trafficking and is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a possible sentence of 10-99 years, as well as a maximum fine of $25,000.
2.) The sale, cultivation, or manufacture of 100 lbs.- 500 lbs. is a felony punishable by a mandatory minimum sentence of 5 years and a maximum fine of $50,000.
3.) The sale, cultivation, or manufacture of 500 lbs.-1,000 lbs. is a felony punishable by a mandatory minimum sentence of 15 years and a maximum fine of $200,000.
1.) A marijuana conviction will result in a 6 month driver’s license suspension.
2.) Sale or possession of paraphernalia is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,000.
3.) Sale of paraphernalia to a minor 3 or more years younger than the seller is a felony punishable by 2-20 years imprisonment and a maximum fine of $30,000.
|
Offense |
Penalty |
Incarceration |
Max. Fine |
|
|
Possession |
||||
| Personal Use: | ||||
| Any Amount |
Misdemeanor |
1 year |
$6,000 |
|
| Other Than Personal Use | ||||
| Any Amount |
Felony |
1*-10 years |
$ 15,000 |
|
| * Mandatory minimum sentence. | ||||
|
Sale |
||||
| Any Amount |
Felony |
2*-20 years |
$30,000 |
|
| To a Minor |
Felony |
10 years- Life |
$60,000 |
|
| Within 3 miles of a school or a public housing project. |
Felony |
5 years |
N/A |
|
| Mandatory Minimum Sentence: | ||||
|
Trafficking |
||||
| 2.2 lbs. – 100 lbs. |
Felony |
3 years* |
$25,000 |
|
| 100 lbs. – 500 lbs. |
Felony |
5 years* |
$50,000 |
|
| 500 lbs. – 1,000 lbs. |
Felony |
15 years* |
$200,000 |
|
| *Mandatory minimum sentence, and a possible sentence of 10-99 years: | ||||
|
Hash & Concentrates |
||||
| Possession |
Felony |
1 day – 10 years |
N/A |
|
| Manufacture |
Felony |
2 – 20 years |
$30,000 |
|
|
Paraphernalia |
||||
| Sale or possession of paraphernalia |
Misdemeanor |
1 year |
$2,000 |
|
| Sale of paraphernalia to a minor |
Felony |
2 – 20 years |
$30,000 |
|
Finally, a helpful & informative website! MarijuanaDoctors.com answered all of my medical marijuana questions and helped me schedule an appointment with an accredited doctor in my area.~Susan - Denver, CO
