Ala. Code
Code of Alabama

Ala. Code § 28-4-115 (2026)

Transportation of Prohibited Liquors or Beverages in Quantities of Five Gallons or More.

✓ official Alabama Legislature (ALISON) text, current July 2026
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It shall be unlawful for any person, firm or corporation or association within this state to transport in quantities of five gallons or more any of the liquors or beverages, the sale, possession or transportation of which is prohibited by law in Alabama. Any person convicted of violating this section shall be guilty of a felony and, upon conviction, shall be imprisoned in the penitentiary of this state for a period of not less than one year, nor more than five years.

(Acts 1927, No. 605, p. 704; Code 1940, T. 29, §187.)

Notes of Decisions
Cited in 5 cases, 1980–2002 · leading case: Whitener v. State, 390 So. 2d 1136 (Ala. Crim. App. 1980).
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Whitener v. State, 390 So. 2d 1136 (Ala. Crim. App. 1980). “The offense is proscribed and the punishment prescribed by § 28-4-115: "It shall be unlawful for any person, firm or corporation or association within this state to transport in quantities of five gallons or more any of the liquors or beverages, the sale, possession or…”
Jones v. State, 401 So. 2d 322 (Ala. Crim. App. 1981). · cites it 8× “” In 1936 when the “Alabama Beverage Control Act” was passed § 28-4-115 was not repealed but limited in its application to what the Alabama Legislature termed “dry counties.”
Ables v. State, 874 So. 2d 552 (Ala. Civ. App. 2002). “§ 28-4-115, Ala. Code 1975. The three cases of beer found in the vehicle in this case contained 864 ounces of beer, or a total of 6.”
Bryan v. State, 398 So. 2d 404 (Ala. Crim. App. 1981). · cites it 5× “” The court fixed defendant’s punishment at imprisonment for three years and sentenced him accordingly.”
Robinson v. State, 451 So. 2d 355 (Ala. Civ. App. 1984). · cites it 3× “The Code of Alabama, § 28-4-115 (1975), prohibits the transportation of prohibited beverages in quantities of five gallons or more.”
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