What are the Penalities for Possession of Drug Paraphernalia in Alabama?
Drugs are not the only thing that is outlawed in Alabama. Possession of drug paraphernalia, which is widely defined as anything that can enable a person to produce, store, sell, or consume narcotics, is likewise unlawful under our state’s penal code. Alabama residents are also forbidden from holding anhydrous ammonia if they know or should know it will be used to manufacture a restricted substance. Furthermore, the state forbids the possession or sale of “precursor chemicals,” which include numerous everyday household goods, with the knowledge that they would be used to illegally manufacture a restricted substance. Federal law imposes similar constraints.
Paraphernalia Law in Alabama
Alabama’s drug paraphernalia stature ( ALABAMA CODE, TITLE 13A – 12 – 260) is fairly lengthy and goes into great detail regarding anything from roach clips and bongs to syringes and needles, but the basics are that you cannot carry anything that is intended to aid in unlawful drug use. The following types of drug paraphernalia are prohibited by law:
- Rolling papers
Possession or use of drug paraphernalia – anything used, intended for use, or created for use with narcotics — is a crime in Alabama. This comprises items used in the cultivation, manufacture, processing, concealment, or ingestion of narcotics.
Because the law is so wide and encompasses so many narcotics, many typical home goods, such as cooking equipment, gardening tools, small containers, and pipes meant for smoking tobacco, can be unintentionally swept up in the statute.
Penalties for Alabama Possession of Drug Paraphernalia
Keep in mind that drug paraphernalia charges are sometimes coupled with drug charges, even when you may only be caught with drug paraphernalia. Ingredients and drug paraphernalia are not drugs. However, all too frequently, law enforcement acts as if they are. Even if you are not charged with another drug crime, a prosecution for possession of drug paraphernalia, drug components, or precursor chemicals can result in years in jail, heavy penalties, and a permanent felony criminal record.
Possession of drug paraphernalia is a Class A misdemeanor punishable by up to a year in jail on the first offense. Any subsequent violation is classified as a Class C felony, punishable by one to ten years in jail. Delivering paraphernalia to a kid who is at least three years younger than you is a Class B felony punishable by two to twenty years in prison.
There is a lot more at stake than merely the legal consequences. You will have a conviction on your record if you do not defend these charges. This may have an impact on your ability to obtain work, locate a place to live, and even receive financial aid for education. Your best bet is to speak with an Alabama drug offenses attorney who can advise you on your alternatives.
Drug Paraphernalia Lawyer
In order to assist you to limit the harm caused by a drug paraphernalia conviction, an Alabama drug paraphernalia lawyer will thoroughly evaluate every detail of your case, including the evidence against you and the actions and procedures used by police officers during their investigation or search. Any evidence that your rights or legitimate police procedure were violated will be utilized to persuade the prosecution to reduce or remove your drug paraphernalia charges, or to show your innocence during your court trial.