Alabama Attorney Seeks to Update State’s Marijuana Laws

At least one Alabama attorney, Ebony Howard, agrees that Alabama needs updated rules of enforcement when it comes to marijuana. There are no actual limits in place regarding what constitutes an amount deemed for personal use. More than 2.2 pounds is grounds for drug trafficking charge.

Some law enforcement officials are using common sense judgments when it comes to marijuana, according to AL.com.  Officers take a person’s record, demeanor, amount and type of packaging into consideration when marijuana is found on traffic stops and in other investigations. In many cases, if marijuana found in an amount of an ounce or less and the person has no additional charges, it’s likely just a misdemeanor charge. In some cases, it may be a Class D felony charge.

Howard said, “The way the statute is written leaves a lot of discretion (by officers). What are needed are thresholds to force law enforcement to have objective charging.”

New law going into effect in 2015 says that Class C felony possession of marijuana, if found in the first-degree and not for personal use, aren’t likely to go to jail. Imprisonment for marijuana in Alabama is decreasing.

Montgomery County DA Daryl Bailey said, “It makes it pretty much impossible to send someone to prison for possession of marijuana.”

The good news is that fewer marijuana arrests are taking place in Alabama. The concerning news is, African American males are still arrested at a rate of almost 4-times more than Caucasian males for the same offense.

Most law enforcement agencies group arrests by offense type, and in marijuana’s case, it’s just tagged as a “narcotics violation”.

In Alabama, police officers are spending more time fighting violent crime and taking more dangerous (deadly) drugs off of the streets.

The news isn’t all bad, as Alabama is lagging behind society in general when it comes to marijuana. Although marijuana is still illegal and prohibition is still enforced, you’re less likely to go to jail. You’ll be offered a rehabilitation program, probation and/or community service, along with some fines and court costs. The severely limited medical marijuana program, allowing only low-THC oil for limited conditions, shows a slight shift in opinion among Alabama lawmakers.