Tuscaloosa Marijuana Defense — The Ford Firm
Marijuana Possession in the 2nd Degree – Ala. Code §13A-12-214
If you were arrested in Tuscaloosa for possession of marijuana for personal use — known as Marijuana Possession 2nd Degree — you’re facing a Class A misdemeanor with potential jail time, fines, and a record that can impact school, work, and professional licenses. The Ford Firm and attorney Randal S. Ford defend these cases every day, and we know how to fight traffic stops, searches, and confessions to protect your future.
What the Charge Means
Under §13A-12-214, the State must prove you possessed marijuana for personal use only. This is the lower-level marijuana offense in Alabama compared to first-degree possession (which covers non-personal-use or repeat possession). Although it’s a misdemeanor, the consequences are real and the case is defensible.
Penalties:
- Charge: Possession of Marijuana 2nd Degree (personal use)
- Classification: Class A Misdemeanor
- Possible Penalties: Up to 1 year in jail; fines up to $6,000; probation; court costs; drug testing/education.
Related charge: Possession of Drug Paraphernalia (Misdemeanor) – additional fines and penalties; often charged with marijuana possession.
Note: Driver’s license suspensions are no longer automatically mandated for marijuana possession convictions in Alabama. Individual cases vary by court and record.
Common Defense Angles We Use
- Stop and Search Challenges: contesting the traffic stop, detention length, consent, and probable cause (like alleged “odor of marijuana”).
- Constructive Possession: disputing knowledge and control when drugs were found in a shared car, dorm, apartment, or backpack.
- Testing & Chain of Custody: scrutinizing lab procedures and proof that the substance was marijuana.
- Negotiation Paths: diversion, drug court, deferred prosecution, or plea to lesser offenses.
- Record Protection: steering the case toward outcomes that set up expungement eligibility later.
Why Call Now
- Fast Action: Early moves can preserve suppression issues and leverage programs such as pretrial diversion or drug court in Tuscaloosa County.
- UA Students: We regularly represent University of Alabama students and understand campus, housing, and scholarship concerns.
📞 Call now: (205) 454-7500
📍 Visit: 705 27th Avenue, Suite A, Tuscaloosa, AL 35401
How We Win These Cases
- Traffic Stop → Suppression
- Search & Seizure challenges
- Knowledge & Control defenses
- Lab Proof & evidence issues
- Smart Resolutions (diversion, drug court, deferred prosecution)
Related Charges We Handle
- Marijuana Possession 2nd Degree
- Possession of Drug Paraphernalia
- DUI & Drugged Driving (THC)
- Minor in Possession / Underage Alcohol
FAQ's
What is marijuana possession in the second degree in Alabama?
It’s possession of marijuana for personal use only under §13A-12-214. It’s the misdemeanor level of marijuana possession.
Is marijuana legal or decriminalized in Alabama?
No. Recreational marijuana remains illegal. Personal-use possession is still a Class A misdemeanor.
What happens if I get caught with marijuana in Alabama?
Possession of marijuana in the second degree means you had marijuana for personal use only, not distribution. It’s a Class A misdemeanor in Alabama. Penalties can include up to 1 year in jail and fines up to $6,000.
Is marijuana possession a misdemeanor in Alabama?
Yes, marijuana possession in the second degree is a Class A misdemeanor. First-degree possession (for other than personal use or with prior convictions) is a felony.
How much weed is second-degree possession in Alabama?
Second-degree possession applies when you have a small amount for personal use. Alabama law doesn’t set a strict weight limit, but the facts of your case and prior history matter.
What are the penalties for first-time weed possession in Alabama?
Up to one year in jail, fines up to $6,000, probation, treatment, and court costs. Diversion or dismissal may be available.
Will I go to jail for marijuana possession second degree?
Jail is possible, but many first-time cases resolve without jail through dismissals, diversion, deferred prosecution, or probation.
Can a marijuana possession 2nd degree charge be dismissed?
Yes, dismissals happen — especially if there are illegal search issues, proof problems, or diversion eligibility.
Do I lose my driver’s license for marijuana possession in Alabama?
Not automatically. License suspensions are not mandated anymore, though other consequences may apply.
How much is the fine for marijuana possession 2nd degree?
Fines can be as high as $6,000 plus court costs. Judges may also order probation and treatment.
How long does a marijuana case take in Tuscaloosa?
Anywhere from a few weeks to several months depending on lab testing, motions, and diversion.
How long does marijuana possession stay on your record in Alabama?
A misdemeanor marijuana conviction will stay permanently unless it qualifies for expungement under Alabama law.
Can I get marijuana in the second degree expunged in Alabama?
Certain dismissals and non-conviction outcomes can be expunged. Some convictions may be eligible after waiting periods.
Do I need a lawyer if it’s ‘just personal use’?
Yes. Even a misdemeanor can jeopardize jobs, scholarships, housing, and immigration status.
I’m a UA student — will the University find out?
Yes, student conduct processes may be triggered. We regularly guide students through both court and school consequences.
What if I was also charged with DUI or drug paraphernalia?
We handle combined DUI and drug cases, challenge blood/urine results, and defend paraphernalia charges.
Contact The Ford Firm
Phone: (205) 454-7500
Address: 705 27th Avenue, Suite A, Tuscaloosa, AL 35401
Serving Tuscaloosa, Northport, UA campus, and statewide Alabama courts.
© The Ford Firm – Randal S. Ford. All rights reserved.
Informational only. Not legal advice. Prior results do not guarantee similar outcome.
