FREE Phone Consultation
Huntsville Alabama
706 Madison St SE
Huntsville, Alabama 35801

 Marijuana Possession Charges

Cannabis is a natural substance that has been used by people throughout history. However, the “War of Drugs” has made it a substance that is illegal to even possess. Despite this, cannabis use is relatively common.

It is the most used illegal substance in the United States and in Huntsville. The state of Alabama has recognized this fact, along with the fact that cannabis is generally less harmful than meth, heroin or other drugs. Unlike other controlled substances, it is possible to be charged with a misdemeanor for marijuana possession. However, even the penalties for a misdemeanor are severe and far-reaching. Consequences for other cannabis-related charges can be much worse, and can mean serious time in jail and large fines. If you’ve been charged with any marijuana crime, your best bet to have a strong defense to fight the charges.

Marijuana Defense Lawyer in Huntsville AL

Our experienced legal team at Law Offices Of Segal & Segal can deal with any charge relating to pot or weed. We will search for all the holes in the prosecution’s case and any mistakes or missteps the police made while gathering evidence or making the arrest. We will diligently pore over the facts of your case and fight to have your charges reduced or dismissed. We will also make sure you fully understand all your options, including drug court. Andrew and Sandra Segal understand the criminal justice system, inside and out. Sandra Segal served as a prosecutor for the Huntsville City Attorney’s Office. Andrew Segal has served as a prosecutor for the Alabama Attorney General and the Madison County District Attorney. We understand the mind of a prosecutor and speak their language. We also practice with honor and integrity, meaning jurors, judges and prosecutors respect us. These factors could be a big help when we’re negotiating with prosecutors to reduce your charges or convincing a jury that they should acquit. Call us today at (256) 533-4529 or send an online message for a free consultation where we can discuss your cannabis charges with you. We represent clients with cannabis charges throughout the Huntsville-Decatur area, including Madison County, Morgan County, Marshall County, Limestone County or Jackson County.

Alabama Marijuana Law Information Center

Back to Top

Types of Marijuana Charges in Alabama

Most controlled substances in Alabama carry felony charges for mere possession. Cannabis, however, is different. If you possess only enough cannabis for “personal use” and it is your first cannabis charge, you may be charged with misdemeanor marijuana possession, or Unlawful Possession of Marihuana in the Second Degree. The law does not specify what “personal use” is. Generally, less than an ounce might qualify, but it’s possible for a prosecutor to argue otherwise. Second-degree marijuana possession is a Class A misdemeanor. If you have more than an amount for personal use, or have a prior conviction for second-degree possession, you will be charged with felony marijuana possession, or Unlawful Possession of Marijuana in the First Degree. Again, it’s up to the prosecutor to argue whether or not the amount constitutes personal use. First-degree cannabis possession is a Class C felony. The distinction between cannabis and other controlled substances ends at possession. If arrested for cannabis distribution, you will be charged as if for any other drug with Unlawful Distribution of Controlled Substances. Distribution means the sale, delivery or giving away of cannabis, even for free to friends. Marijuana distribution is a Class B felony. The penalties get worse if you are charged with sale of cannabis to a minor, which is a Class A felony. Additionally, if arrested for distribution near a school or public housing facility, an additional five years is added to your sentence. Marijuana cultivation may not involve a laboratory like meth or other processed drugs, but the charge for cultivation is still Unlawful Manufacture. Manufacturing is divided into two “degrees.” Second-degree manufacturing is a Class B felony. However, if there was a firearm or booby trap on the premises, if dangerous chemicals were involved, if a 17-year-old was present or if certain other conditions are met, it could be upgraded to first degree manufacturing, a Class A felony. Possessing marijuana paraphernalia, like a bong, pipe or roach clip, is also illegal. Possession is a Class A misdemeanor, while sale is a Class C felony.

Back to Top

Penalties for Marijuana Conviction

The consequences for any cannabis charge, even misdemeanor possession, are severe and life-altering in Alabama.


Prison Time (Years)

Fines (Up to)

Class A Felony 10-99, or Life $60,000
Class B Felony 2-20 $30,000
Class C Felony 1-10 $15,000
Class A Misdemeanor Up to 1 $6,000

Additionally, if you’ve been charged with one or more felonies, your penalties may go up significantly. Jail time and fines are just the beginning, though. A felony record could seriously hurt your chances of getting a job, housing or a loan. If you’ve been charged with possession, felony or misdemeanor, you may have the option of going through drug court or a pretrial intervention program. These are rehabilitation programs available for non-violent drug offenders. After going through the program, your charges are dismissed, giving you a record clear of any convictions. A qualified marijuana attorney could evaluate your case and help you determine whether you are eligible for pretrial intervention or drug court.

Back to Top

Common Defenses to Marijuana Charges in Huntsville

For police to charge you with any kind of marijuana crime, they usually have to find you in possession of some amount of pot. To find that, they often must conduct some kind of search. To conduct a search, police have certain requirements of reasonable suspicion and probable cause. If they fail to meet those requirements and conduct a search anyway, the evidence they find might get thrown out. An experienced criminal defense attorney will look for these missteps and mistakes and seek to get the evidence tossed, significantly weakening the prosecution’s case. Prosecutors must prove their entire case “beyond a reasonable doubt.” This means they must prove to the jury that every single element is met without question, other than some improbable or far-fetched possibility. This includes, for felony possession, that the amount was not for personal use, which can be a difficult fact to sufficiently prove. An aggressive Madison County defense lawyer can exploit questions and weaknesses to reduce or dismiss charges, or seek an acquittal.

Back to Top

Alabama Resources Related to Marijuana Charges

Huntsville Municipal Court: The Huntsville Municipal Court handles all misdemeanor offenses in the city of Huntsville, Alabama. The contact information for the Huntsville Municipal Court is below.

815 Wheeler Avenue
Huntsville, AL 35801
256-427-7810 Tel
256-427-7829 FAX

Find My Court Date  | Madison County Courthouse: Access information about an upcoming court date on the Madison County Clerk website. The Find My Court Date site is provided as a courtesy by the county. Individuals with upcoming court dates should refer to any documents provided by the court or confirm dates with the county clerk. Contact information for the Madison Couty Circuit Clerk can be found below. 100 North Side Square Huntsville, AL 35801 256-532-3380 Tel 256-532-3768 Fax

Back to Top

Law Offices Of Segal & Segal | Madison County Marijuana Defense Lawyers

If you’ve been charged with any crime involving marijuana, let the experienced defense team at Law Offices Of Segal & Segal fight for you. We’ll seek to get your charges dismissed or reduced, and can help you with options like drug court. We’re ready to fight marijuana charges in and around Huntsville, including Decatur, Madison, Athens and Albertville. Call us today at (256) 533-4529 or send an online message to set up a free consultation. Law Offices Of Segal & Segal defends individuals facing any marijuana charge, including misdemeanor marijuana charges, felony marijuana possession, cultivating or growing marijuana, and sale of marijuana to a minor.

Back to Top