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.
This information was provided by the Mobile County [AL] 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.
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