There are numerous statues in the Code of Alabama (1975) that cover Drug Crimes; however, most all of the statutes fall under four main headings or classifications of drug crimes.  We regularly do speaking engagements and represent clients on all of these charges.  There are many facets to drug cases and if you make the State prove their case according to the law, there are times the State of Alabama has not secured evidence properly or secured a search warrant from a Judge properly.

There are also a lot of technical aspects of drug cases that can be raised before you should ever consider entering into a plea on a drug case.  For some drug offenses, there are diversionary programs and specialty courts that we can inform you of if your case is one that is eligible.  Some cases are not eligible for diversionary programs simply because of the name of the charge or the class of the charge.  The following are the main four categories of drug cases and their definitions:

  1. Possession of a Controlled Substance – A person commits the crime of unlawful possession of controlled substance if except as otherwise authorized, he possesses a controlled substance enumerated in the listed drug Schedules I through V. To possess a substance, you must have dominion and control over the substance.

 

  1. Distribution of a Controlled Substance – a person commits the crime of unlawful distribution of a controlled if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V.

 

  1. Trafficking – Trafficking is very similar to Possession in that the person must obtain dominion and control over the substance but it must be a specific amount.  There are different specified amounts for all of the controlled substances and illegal drugs that are Scheduled including marijuana.

 

  1. Manufacturing – A person commits the crime of unlawful manufacture of a controlled substance if he makes / manufactures a controlled substance enumerated in the Drug Schedules or Possesses precursor substances as determined in Section 20-2-181, Code of Alabama (1975), in any amount with the intent to unlawfully manufacture a controlled substance. (Many other factors can be used to charge Manufacturing this is only a very general meaning and by far not a thorough definition of the term from a charging standpoint).