Understanding Drug Crime Charges: Possession vs. Distribution 

If you're facing drug-related charges, chances are you're curious about the differences between possession and distribution under the law. Brian J Lockwood LLC can help. The firm has defended clients accused of serious criminal offenses, including drug charges, for over 20 years. 

Attorney Lockwood focuses on creating strategic, aggressive defenses that consider every detail of the charges against you. With years of courtroom experience in trials and appeals, he strives to provide straightforward guidance and a well-prepared defense.  

Below, the firm provides an overview of the difference between drug possession charges and drug distribution. 

Understanding Drug Possession and Distribution Charges 

Drug crime charges generally fall into two categories: possession and distribution. Although they may appear to be similar, they differ significantly in terms of accusations, possible consequences, and strategies for defense.  

Drug Possession 

Drug possession charges arise when a person is accused of having a prohibited substance in their control without legal authorization. Possession can be further divided into actual and constructive possession.

Actual possession occurs when illegal drugs are found on your person, for instance, in your pocket or bag. Constructive possession, on the other hand, occurs when the drugs may not be in your immediate possession, but you have access to and control over them. For example, if illegal substances are discovered in your car or home, you could be charged with possession.  

Possession charges often hinge on proving that you knowingly had control over the drugs. The prosecution must demonstrate that you were aware of the drugs and had them under your control. The penalties for possession in Alabama can vary greatly depending on the type of substance, the quantity involved, and whether this is a first-time or repeat offense.  

For instance, possessing a small amount of marijuana for personal use is generally charged as a misdemeanor, but harder drugs like cocaine, methamphetamine, or prescription opioids without a valid prescription can attract felony charges. 

Drug Distribution 

Drug distribution, sometimes referred to as drug trafficking or dealing, involves the transfer, sale, or intent to sell drugs. Unlike possession, distribution charges are typically based on the quantity of the drugs and whether there’s evidence that the drugs were meant for sale or distribution rather than personal use. 

If you’re found in possession of a significant amount of a controlled substance, law enforcement or prosecutors may allege that you had an intent to distribute, even if there’s no direct evidence of sales or transactions. This intent could be inferred from factors like the presence of scales, baggies, or large sums of cash. 

Distribution charges usually attract harsher penalties. The severity often depends on the type and amount of the drug and whether the alleged offense involved crossing state lines or selling within or near designated “drug-free zones,” such as schools or parks. 

Penalties for Possession 

In Alabama, simple possession of marijuana for personal use is considered a Class A misdemeanor for a first offense and is punishable by a fine of up to $6,000 and up to a year in jail. However, possession of harder substances or a second offense for marijuana possession can lead to felony charges and harsher penalties. 

Penalties for Distribution 

Unlike drug possession charges, the penalties for drug distribution increase drastically based on the drug type and quantity. For instance, distributing even small amounts of Schedule I or II substances could result in mandatory prison time. 

Additionally, aggravating factors like proximity to schools could lead to enhanced penalties, including longer sentences or higher fines. 

Alabama law treats drug trafficking (possession of large quantities with intent to distribute) as a separate, more severe offense. A conviction for drug trafficking carries mandatory minimum prison sentences, starting at three years for the smallest quantities defined by the law. 

Legal Defenses in Alabama Drug Cases 

If you've been accused of drug possession or distribution, it's important to consult with an attorney who can examine every detail of your case to craft a personalized defense. Some potential defense strategies can include: 

• Challenging the legality of the search or seizure of evidence

• Proving the drugs did not belong to the accused

• Arguing that the accused had no knowledge of the drugs’ presence

• Questioning whether the prosecution has sufficient evidence to establish intent to distribute

Drug Crime Laws in Alabama 

Alabama takes drug-related offenses seriously and the penalties reflect the state’s strict stance on controlled substances. Under Alabama Code Section 20-2-23, drugs are classified into five schedules These schedules rank substances based on their potential for abuse, medical use, and safety. For example: 

• Schedule I substances, like heroin and ecstasy, are considered the most dangerous, with no accepted medical use. 

• Schedule II substances, such as cocaine and methamphetamine, have a high potential for abuse but some limited medical use under strict regulations. 

• Schedules III through V include substances like certain prescription medications, which are generally seen as less dangerous. 

Drug Crime Attorney Serving Mobile, Alabama 

At Brian J Lockwood LLC, Attorney Lockwood has defended countless clients accused of drug-related crimes and handled dozens of jury trials and bench trials as lead counsel. Many of them faced serious charges, from drug distribution and possession to violent felonies and theft.

Attorney Lockwood strives to fight for the best possible resolution in every case. If you’re facing charges in Mobile, Alabama, or the nearby areas and need a strong defense, reach out to schedule a consultation today.