Facing a drug charge in Auburn, Opelika, Valley, or anywhere in Chambers County can be an overwhelming experience. At Walton Law Firm, P.C., we believe knowledge is power—and when it comes to drug laws in Alabama, there’s a lot to unpack. From the difference between misdemeanor and felony drug charges to what “intent to sell” really means, we’re here to provide clarity.
What’s the Difference Between a Misdemeanor and a Felony Drug Charge?
In Alabama, drug charges are generally categorized as either misdemeanors or felonies, depending on several factors:
- Type of drug (marijuana, cocaine, prescription drugs, etc.)
- Quantity or weight of the substance
- Possession vs. distribution or trafficking
- Criminal history of the individual
Misdemeanor Drug Charges
Criminal Code SECTION 13A-12-213
- Typically involve small amounts of a controlled substance, usually marijuana.
- Most often charged as simple possession.
- Punishable by up to one year in county jail and fines up to $6,000.
Felony Drug Charges
Criminal Code SECTION 13A-12-212
- Usually involve larger amounts or more dangerous substances (e.g., cocaine, methamphetamine).
- Possession of any amount of a Schedule I through Schedule V controlled substance (excluding marijuana) is automatically a felony in Alabama.
- Felonies can result in prison time from 1 year and a day to life, depending on the charge and prior convictions.
To read more and in depth regarding this section – check out this great article from FindLaw by clicking HERE.
When Does a Drug Charge Become a Felony?
Did you know that certain felony drug charges in Alabama have a MANDATORY sentence of LIFE in prison? It is important to know when drug charges escalate from misdemeanor to felony. This can occur depending on several factors, including the weight of the substance, type of substance and intent behind possession.
- Possession of more than 2.2 pounds of marijuana, for example, may result in a trafficking charge, which is a felony—even if there’s no evidence of selling. Criminal Code SECTION 13A-12-231
- If you are in possession of ANY Drug, regardless of the amount, that is considered a Schedule I – Schedule V drug by the State of Alabama (excluding minimal amounts of marijuana). For a complete list of Controlled Substances list and their schedule, adopted by Alabama State Board of Health – Click HERE.
- “Intent to distribute” or “intent to sell” can make a drug charge more serious, even with smaller quantities. This is often determined based on:
- Packaging (multiple small bags)
- Presence of scales or large amounts of cash
- Texts or messages indicating sales
Even first-time possession with intent to sell can lead to a felony drug conviction in Alabama.
What Does “Intent to Sell” Mean Under Alabama Law?
In Alabama, the difference between simple possession and possession with intent to sell (or distribute) can mean the difference between a misdemeanor and a felony drug charge—with much harsher penalties. But how do prosecutors decide when someone intended to sell drugs?
“Intent to sell” (legally referred to as possession with intent to distribute) doesn’t require you to be caught in the act of selling. Under Alabama Code § 13A-12-211, you can be charged based on the circumstantial evidence surrounding the arrest.
Common Factors That Suggest Intent to Sell:
-
Quantity of the Drug:
If you have more than what law enforcement considers “personal use,” it can raise a red flag. For example, multiple ounces of marijuana—rather than just a single joint—can lead to a felony charge. -
Packaging Materials:
Drugs divided into small baggies or containers may indicate distribution plans. -
Paraphernalia Associated with Sale:
Items like digital scales, large amounts of cash, ledger books, or text messages suggesting sales can all be used to build a case. -
Statements or Behavior:
Anything you say to police (intentionally or unintentionally) may be used to prove intent.
If you are facing an “intent to sell” charge, it’s critical to understand that you don’t have to be caught in a transaction to be prosecuted as a drug dealer. The evidence used to support these charges can often be challenged—especially if your rights were violated during the search or arrest.
Ready to discuss your case? Contact our experienced team of Criminal Defense lawyers in Auburn and Opelika Alabama for a free initial case consultation*
What Are Alabama’s Laws on Marijuana?
As of 2025, Alabama has not legalized marijuana for recreational use. Possession of marijuana—even for personal use—is still illegal and punishable under state law.
- First-time simple possession of marijuana for personal use is a Class A misdemeanor. AL Code § 13A-12-214 (2024)
- Second offense or possession not for personal use is a Class C felony.
Medical marijuana was legalized in 2021, but strict regulations apply. There are no dispensaries currently open for medical marijuana in Auburn or surrounding areas as the state’s system continues development.
Can Out-of-State Medical Marijuana Cards Be Used in Alabama?
No. Alabama does not currently recognize out-of-state medical marijuana cards. So, if a student at Auburn University has a medical card from another state—like Florida or California—they are not legally protected under Alabama law.
If caught with marijuana in Alabama, that student can face misdemeanor or felony drug charges, depending on the circumstances—even if it was prescribed elsewhere.
What About Delta-8 and Delta-9 THC?
This is where things get tricky.
- Delta-9 THC, the psychoactive compound in traditional marijuana, is illegal in Alabama unless used through the state’s medical marijuana program.
- Delta-8 THC, a hemp-derived cannabinoid, currently operates in a legal gray area. Although federally legal under the 2018 Farm Bill, Alabama has seen efforts to restrict or ban its sale due to its intoxicating effects.
Local law enforcement in Auburn, Opelika, and Valley may treat Delta-8 products as contraband depending on how they’re labeled and consumed. If you’ve been charged for possession of THC vape cartridges or edibles, it’s critical to consult with an experienced criminal defense attorney.
Facing a Drug Charge in Auburn, Opelika, or Chambers County?
At Walton Law Firm, P.C., we know how to fight drug charges in East Alabama. Whether you’re a college student attending Auburn University, a first-time offender, or facing serious felony allegations, we provide tough, experienced legal defense.
We handle cases in:
- Auburn, AL
- Opelika, AL
- Valley, AL
- Lanett, AL
- Chambers County and Lee County courts
We know the local court systems and how to protect your future.
Call Walton Law Firm Today and let us Fight for Your Rights!
If you or a loved one has been charged with a misdemeanor or felony drug offense, don’t wait. You need “the Fighter”. Let Trip Walton and his team of Top Criminal Defense attorneys fight for you. A conviction can impact your freedom, career, and education.
Your case deserves more than a quick plea. It deserves a team that’s local, experienced, and ready to stand up for you. We have helped thousands of people who have been charged with a crime right here East Alabama. Put a Fighter in Your Corner and let us fight for you! Call us today for your FREE* Consultation!
FindLaw.com – Alabama Code Title 13A. Criminal Code SECTION 13A-12-213 UNLAWFUL POSSESSION OF MARIHUANA IN THE FIRST DEGREE – last updated November 25, 2024 | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-213/
FindLaw.com – Alabama Code Title 13A. Criminal Code SECTION 13A-12-212 UNLAWFUL POSSESSION OR RECEIPT OF CONTROLLED SUBSTANCES – last updated November 25, 2024 | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-212/
FindLaw.com – Alabama Code Title 13A. Criminal Code SECTION 13A-12-231 TRAFFICKING IN CANNABIS, COCAINE, ILLEGAL DRUGS, AMPHETAMINE, METHAMPHETAMINE, SYNTHETIC CONTROLLED SUBSTANCES; PENALTIES – last updated November 25, 2024 | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-231/
Universal Citation: AL Code § 13A-12-211 (2024)
Universal Citation: AL Code § 13A-12-212 (2024)
Universal Citation: AL Code § 13A-12-213 (2024)
Universal Citation: AL Code § 13A-12-214 (2024)
