how much marijuana is a felony in montgomery, alabama
DUI / DWI Attorney
All drug crimes in Alabama are felony offenses, except possession of marijuana "for personal use" and possession of paraphernalia. The term "for personal use" is not further defined. There is no stated amount of marijuana to distinguish a felony offense under Code of Alabama, 1975, section 13A-12-213, 'Unlawful possession of marijuana in the first degree' , a Class C felony, from the misdemeanor offense of 'Unlawful possession of marijuana in the second degree', section 13A-12-214, except that any person previously convicted of misdemeanor possession cannot claim the "personal use" defense. Possession of 2.2 pounds of marajuana (one kilogram) is presumed "Trafficking" in drugs and is a felony offense punished by a minimum term of three (3) years imprisonment.