Alabama's 13A-12-231 Bad Law!

Written by Aunt Brenda

Alabama is taking "baby steps" in loosening its penalties for cannabis offenders, but it appears that a "giant leap" would be indicated when it comes to one particular cannabis law in the state.

The law (13A-12-231) states "Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 pounds of cannabis is guilty of a felony, which felony shall be known as "trafficking in cannabis."

If the quantity of cannabis involved is in excess of one kilo or 2.2 pounds, but less than 100 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of $25,000."

Okay, so I agree that people do not need to be selling cannabis. The problem with this law is that if you happen to have more than 2.2 pounds in your house or growing in your garden, even with no intent to ever sell or distribute, (and no other evidence to support trafficking, such as scales, boxes of baggies, large sums of money) you can be hit with a Class A Felony and labeled a "drug dealer" by the state of Alabama. Oh, and did I forget to mention that this falls under the "OFFENSES AGAINST PUBLIC HEALTH AND MORALS" section of Alabama Law? I'll bet you can't wait to get that on your resume!

That's what the letter of the law says. You are now facing felony charges and all the hassles and expenses surrounding something like that. Not only are you going through a "big bunch of stuff", you are clogging up the legal system, using the manpower of the district attorney's office, creating lots of paperwork for the employees at the courthouse, and you may even end up in prison along with the "real" criminals.

And for those of you who scream "But pot is illegal, you know that!" I have but one reply

Yes, I know it is illegal, but so is speeding or driving while "a little bit tipsy". These actions put other people in jeopardy. Growing your own herb in your own garden for your own use can't even compare to the damage to others that can be the result of these other offenses.

And those offenses are not felonies for first-time offenders!

And that is why this is a bad law. It is not applicable in all cases, and should be amended so that more evidence is required for a person to get hit with a felony arrest, such as unaccounted-for large sums of money, scales for weighing out deliveries, a delivery record or account book showing who-owes-what-to-who-and-when, unusual amounts of "guests", etc. Or how about some respect from the court system for good-old-fashioned detective work......narcotics officers can ask around in the "drug community" and find out if someone is trafficking or not (the users know where they can buy) and then based on the evidence found in the investigation, a felony trafficking charge may be levied, or not. All these things, and I'm sure more that I'm missing, should be taken into consideration before handing down a Grand Jury indictment for "felony drug trafficking"!!!!!

But the way the law is written takes none of those points into account. The felony charge is based on weight alone. Period. End of story. Do not pass go, go directly to jail, along with the meth lab "scientist" from across town.

I'm not saying that cannabis needs to be legalized today. I'm sure that will happen in good time. All I'm concerned with is that we have a "bad law" on the books here in Alabama and more people need to be aware of how one change in one law can help clean out the prisons, un-clog the legal system, and keep "homegrowers" from facing a felony charge.

Last modified on Tuesday, 16 February 2010 19:33
Aunt Brenda

Aunt Brenda

I am Brenda Shoop and I am Aunt Bytes' very own resident nurse. I hold a bachelors in nursing from The University of South Alabama. I worked in health care for 20 years before "abandoning the ship." I have experience in emergency, trauma, pediatrics, internal medicine, cardiology, and holistic care. I am striving to learn as much as I can about how to treat the body so it can heal itself, in the most natural ways possible.

I am connected to The Great Universal Energy Source in the most wonderful and magical way. I see miracles every single day because I have learned how to change my perspective on life in general. We are all connected to the Same Source, and as we become enlightened, we change the course of events around us to reflect our deeper commitment, whether that commitment is to Love, Peace, Mercy, Greed, Lust, or Selfishness.

What I'm trying to say is that whatever drama is going on around you in your life right now is just a symptom of something you still need to deal with. If you change your patterns, the patterns of those around you will change as well. Much in the same way that if the Earth were to shift position, it would affect all the satellites around it, as well as the moon.

So, don't be afraid to shift positions now and again. Just try a new one on for size and see how it fits. You can always change your mind later, you know.

My most recently published articles appear below. Look them over and leave a comment!

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