Legal Consequences of Drug Involvement

The following information was provided by the Mobile County District Attorney's Office and is intended to give USA students a legal perspective on what being involved with illegal drugs can mean for their futures. Students are encouraged to be aware of this information when they make decisions about who to hang out with, where to go, and what to do. It should be noted that the legal information provided only encompasses the law of the State of Alabama.

Municipal and federal drug laws are not addressed in this overview.

What is an illegal drug?

The State Board of Health annually publishes Schedules I through V, which lists all the known substances which are classified as "controlled" at the time of publication. Of course, marijuana, cocaine and crack, heroin, crystal meth, and other street drugs you have probably heard about are illegal. Prescription drugs which are also listed, because possession of these substances without a valid prescription, is a felony.

Students may have heard about a "date rape" drug that has been circulating around college campuses. Commonly referred to as "roofies," these pills have extremely powerful sedative qualities and cannot be detected by sight or smell when added to a beverage. Cases involving roofies have been prosecuted in Mobile County, and students should keep a close eye on any beverages they consume to prevent tampering. Using this drug to commit a crime can result in additional felony charges, such as Rape First Degree, a Class A felony, which carries a penalty ranging from ten years to life in prison.

What is the difference between cocaine and crack from a legal standpoint?

Under Alabama law, there is no difference. Offenses involving either of these substances are punished equally; in other words, a person who is arrested with x amount of cocaine faces the same penalties as a person arrested for the same amount of crack. (This is just one point on which Alabama and federal drug laws differ.)

From a forensics perspective, cocaine and crack differ only in the sense that crack is a mixture of cocaine and other materials, usually not controlled substances, that serve as a filler. These fillers can often produce serious negative effects on the body in addition to the impact of the cocaine itself. Since crack requires a relatively smaller amount of cocaine, it is cheaper to produce and therefore much more accessible to a greater number of people than pure cocaine.

What is drug paraphernalia?

Crack pipes, rolling papers, scales, syringes, roach clips, bongs, and other materials used to manufacture or prepare drugs for personal use or distribution are all items which can be considered drug paraphernalia. Possession of drug paraphernalia is a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine.

Does a person have to be caught using a controlled substance illegally in order to be arrested?

No. Controlled substance charges are not comparable to prosecutions for driving under the influence of alcohol. In a DUI case, the prosecution must show that the driver was under the influence of alcohol while driving. In prosecutions involving a controlled substance, whether or not the person was actually using the drug in question when they were arrested is irrelevant.

Possession of a controlled substance (not including marijuana) is a Class C felony, and persons convicted may be sentenced from one year and one day up to ten years, with a maximum fine of $5,000.

What happens to people who are just "in the wrong place at the wrong time"?

Under a legal theory known as "constructive possession," being in close proximity to drugs can be enough, under certain circumstances, to justify an arrest and result in a conviction for everyone who was close enough to the drugs for police and a jury to conclude that the drugs could have belonged to them.

Constructive possession cases often arise as a result of traffic stops, during which drugs are located in a center console or other central location that could conceivably be reached by more than one person in the car. Arrests based on constructive possession are also made when drugs are found in a residence or in a room within a residence, and more than one person is present who could arguably be the owner of the drugs.

In theory, this approach keeps criminals from slipping through the cracks of the criminal justice system by simply removing their drugs from their personal possession as soon as law enforcement arrives, thereby avoiding prosecution altogether. Practically speaking, it means that students should be aware of their surroundings and avoid situations where drugs may be present, even if the student does not actually intend to use or handle the drugs himself. Assuming or trusting a friend or acquaintance will take the responsibility for any drugs found has proven to be a critical mistake for many young people.

What is "distribution"? What's drug "trafficking?"

Distribution basically means that a person is selling, furnishing or delivering a controlled substance. Distribution charges are often brought against people who try to sell drugs to an undercover officer or a confidential informant. Distributing controlled substances, including marijuana, is a Class B felony, which carries a maximum sentence of two to twenty years and a maximum fine of $10,000. Persons convicted of unlawfully selling a controlled substance on or within three miles of a school or university campus must serve an extra five years in prison without the possibility of probation. If a person over the age of 18 distributes a controlled substance to a person under the age of 18, the case must be treated as a Class A felony without the possibility of a suspended sentence or probation.

The offense of drug trafficking refers primarily to the weight of the substances involved and not to the movement of the drugs either across state lines or from one person to another. In fact, possession of a controlled substance may become a trafficking charge if the drugs weigh enough. It is not necessary for a trafficking charge that the drugs in question have been moved or transported at all.

Trafficking is a Class A felony, but the sentences for this offense differ from those ordinarily authorized for this range of felony. Depending on the substance and weight involved, a sentence for trafficking can range from three years in prison and $25,000 to life without parole.

What are the penalties for possession of marijuana?

Possession of marijuana can be treated as either a Class A misdemeanor or as a Class C felony, depending on the person's prior criminal history and whether or not the marijuana appears to be for other than personal use. If a person already has a conviction for Marijuana, Second Degree (misdemeanor offense), then any further arrests for marijuana will be charged as Marijuana First Degree, a felony.

The misdemeanor can result in a maximum of one year in jail and a $2,000 fine. The Department of Public Safety also suspends the drivers' license of persons convicted of this offense for up to 90 days. The felony can result in a prison sentence of one year and a day to ten years and a maximum fine of $5,000.

Sentences including formal probation may also be used in misdemeanor marijuana cases. This can have important implications for a student who is looking for summer or permanent employment outside the Mobile area. Regular reporting to a probation officer and random drug screening, along with fees and costs, can make finding keeping a job difficult. Many job applications require applicants to report any arrests on their record; failure to disclose this information on an application can lead to further legal problems between the student and an employer.

This overview was designed to give students a realistic picture of the impact that drugs can have on their lives. No scare tactics were used; all of the information comes directly from the Alabama Code, case law, and courtroom experience. It is hoped that all USA students will have an enjoyable and rewarding college career that does not include illegal drugs. Students or parents with any further questions are invited to contact the Mobile County District Attorney's Office at (251) 574-8400.

Prepared by the Mobile County District Attorney's Office

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