Code of Alabama
Ala. Code § 13A-12-213 (2026)
Unlawful Possession of Marihuana in the First Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized:
(1) He or she possesses marihuana for other than personal use; or
(2) He or she possesses marihuana for his or her personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his or her personal use only.
(b) Unlawful possession of marihuana in the first degree pursuant to subdivision (1) of subsection (a) is a Class C felony.
(c) Unlawful possession of marihuana in the first degree pursuant to subdivision (2) of subsection (a) is a Class D felony.
(Acts 1987, No. 87-603, p. 1047, §4; Act 2015-185, §2.)
Notes of Decisions
Cited in 117
cases (18 in the last 5 years), 1989–2026 · leading case: United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016).
United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016). “Defendant had pled guilty to possession of marijuana "for other than personal use” in violation of Ala. Code § 13A-12-213 in 2005. He had pled guilty to cocaine trafficking in violation of Ala.”
Ex Parte State, 568 So. 2d 857 (Ala. 1990). “This Court granted the petition of the State of Alabama to review a determination made by the Court of Criminal Appeals that an indictment charging the defendant with unlawfully possessing marihuana in violation of Ala.Code 1975, § 13A-12-213, did not state an offense and,…”
United States v. Robinson, 583 F.3d 1292 (11th Cir. 2009). “Thus, we must determine whether a conviction under Ala.Code § 13A-12-213, which prohibits possession of marijuana for other than personal use, is a qualifying predicate offense for purposes of the ACCA enhancement.”
Ex Parte Jackson, 886 So. 2d 155 (Ala. 2004). “NOTES [1] Section 13A-12-213, Ala.Code 1975, provides: "(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized: "(1) He possesses marihuana for other than personal use; or "(2) He possesses marihuana for his…”
United States v. Jerome Curtis Stancil, 4 F.4th 1193 (11th Cir. 2021). “Robinson, Robinson received an ACCA enhancement because of his prior conviction under Alabama Code § 13A-12-213(a). 583 F.3d at 1294–95.”
Heard v. State, 663 So. 2d 967 (Ala. Crim. App. 1993). “Specifically, he argues that count one of the indictment cited § 13A-12-212, instead of § 13A-12-213 and, that therefore, it failed to charge an offense.”
Wyley v. State, 565 So. 2d 1200 (Ala. Crim. App. 1990). “Judy Bonita Wyley was convicted for the unlawful possession of marijuana in the first degree in violation of Ala.Code 1975, § 13A-12-213, and sentenced to 10 years’ imprisonment.”
Ex Parte Tucker, 667 So. 2d 1339 (Ala. 1995). “Tucker moved to suppress the evidence of the marijuana, alleging that it was the product of an illegal search, seizure, and arrest.”
Edwards v. State, 570 So. 2d 252 (Ala. Crim. App. 1990). “The difficulties presented in this case and the cause for the reversal arise from the fact that the defendant was indicted under the wrong Code section! A defendant charged with the possession of marijuana must be indicted under Ala.Code 1975, § 13A-12-213 or -214 (possession of…”
Money v. State, 717 So. 2d 38 (Ala. Crim. App. 1997). “The appellant was sentenced as a habitual felony offender with two prior felony convictions. For the conviction of possession of marijuana in the first degree, she was sentenced to 15 years in prison and was ordered to pay a $2,000 fine and $50 to the crime victims compensation…”
United States v. Quinton Deairre Gardner, 34 F.4th 1283 (11th Cir. 2022). “According to these documents, Gardner’s 2011 conviction for first-degree unlawful possession for other than personal use, in violation of Ala. Code § 13A-12-213(a)(1), was a class C felony.”
Pruitt v. State, 954 So. 2d 611 (Ala. Crim. App. 2006). “Code 1975; and unlawful possession of a controlled substance, cocaine, a violation of § 13A-12-212(a)(1), Ala.”
— Ala. Code § 13A-12-213(1)(a) — 1 case
United States v. Kevin Jermaine Sewell (11th Cir. 2018).
— Ala. Code § 13A-12-213(a) — 9 cases
United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016). “Defendant had pled guilty to possession of marijuana "for other than personal use” in violation of Ala. Code § 13A-12-213 in 2005. He had pled guilty to cocaine trafficking in violation of Ala.”
United States v. Robinson, 583 F.3d 1292 (11th Cir. 2009). “Thus, we must determine whether a conviction under Ala.Code § 13A-12-213, which prohibits possession of marijuana for other than personal use, is a qualifying predicate offense for purposes of the ACCA enhancement.”
United States v. Jerome Curtis Stancil, 4 F.4th 1193 (11th Cir. 2021). “Robinson, Robinson received an ACCA enhancement because of his prior conviction under Alabama Code § 13A-12-213(a). 583 F.3d at 1294–95.”
United States v. Yolanda Goodlow, 389 F. App'x 961 (11th Cir. 2010).
Money v. State, 717 So. 2d 38 (Ala. Crim. App. 1997). “The appellant was sentenced as a habitual felony offender with two prior felony convictions. For the conviction of possession of marijuana in the first degree, she was sentenced to 15 years in prison and was ordered to pay a $2,000 fine and $50 to the crime victims compensation…”
— Ala. Code § 13A-12-213(a)(1) — 20 cases
Ex Parte Jackson, 886 So. 2d 155 (Ala. 2004). “NOTES [1] Section 13A-12-213, Ala.Code 1975, provides: "(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized: "(1) He possesses marihuana for other than personal use; or "(2) He possesses marihuana for his…”
United States v. Jerome Curtis Stancil, 4 F.4th 1193 (11th Cir. 2021). “Robinson, Robinson received an ACCA enhancement because of his prior conviction under Alabama Code § 13A-12-213(a). 583 F.3d at 1294–95.”
United States v. Quinton Deairre Gardner, 34 F.4th 1283 (11th Cir. 2022). “According to these documents, Gardner’s 2011 conviction for first-degree unlawful possession for other than personal use, in violation of Ala. Code § 13A-12-213(a)(1), was a class C felony.”
Ex Parte State, 568 So. 2d 857 (Ala. 1990). “This Court granted the petition of the State of Alabama to review a determination made by the Court of Criminal Appeals that an indictment charging the defendant with unlawfully possessing marihuana in violation of Ala.Code 1975, § 13A-12-213, did not state an offense and,…”
Alonso v. State, 228 So. 3d 1093 (Ala. Crim. App. 2016).
— Ala. Code § 13A-12-213(a)(2) — 10 cases
Pruitt v. State, 954 So. 2d 611 (Ala. Crim. App. 2006). “Code 1975; and unlawful possession of a controlled substance, cocaine, a violation of § 13A-12-212(a)(1), Ala.”
Nelms v. State, 568 So. 2d 384 (Ala. Crim. App. 1990).
Ex Parte State, 568 So. 2d 857 (Ala. 1990). “This Court granted the petition of the State of Alabama to review a determination made by the Court of Criminal Appeals that an indictment charging the defendant with unlawfully possessing marihuana in violation of Ala.Code 1975, § 13A-12-213, did not state an offense and,…”
State v. Parker, 740 So. 2d 421 (Ala. Crim. App. 1997).
Carter v. State, 659 So. 2d 215 (Ala. Crim. App. 1994).
— Ala. Code § 13A-12-213(a)(l) — 8 cases
State v. McClure, 53 So. 3d 169 (Ala. Crim. App. 2010).
United States v. Courtney Mays, 300 F. App'x 735 (11th Cir. 2008).
Crenshaw v. State, 563 So. 2d 16 (Ala. Crim. App. 1989).
Kissic v. State, 594 So. 2d 227 (Ala. Crim. App. 1991).
Bridgett v. State, 1 So. 3d 1054 (Ala. Crim. App. 2007).
— Ala. Code § 13A-12-213(b) — 2 cases
United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016). “Defendant had pled guilty to possession of marijuana "for other than personal use” in violation of Ala. Code § 13A-12-213 in 2005. He had pled guilty to cocaine trafficking in violation of Ala.”
United States v. Walter James Barnes, Jr., 280 F. App'x 910 (11th Cir. 2008).
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