Alabama Cultivation & Distribution — § 13A-12-211 / § 13A-12-217

Last verified: May 2026

The Distribution / Sale Statute — § 13A-12-211

Alabama Code § 13A-12-211(a) makes it a Class B felony for any person to "sell, furnish, give away, manufacture, deliver or distribute a controlled substance enumerated in Schedules I through V." Cannabis is a Schedule I controlled substance under Alabama law. Class B felony exposure is 2 to 20 years state prison + up to $30,000 fine.

The statute applies regardless of quantity — passing a joint to a friend qualifies as "delivery" under the statute’s plain language, though prosecutors typically charge such conduct under the simple-possession statute § 13A-12-214 instead. A first-time distribution conviction at any quantity is a Class B felony.

Sale to a Minor — § 13A-12-215

Sale, furnishing, giving away, or distribution of cannabis (or any other controlled substance) to a person under 18 is a Class A felony under § 13A-12-215: 10 years to 99 years or life + up to $60,000 fine. The statute applies even if the minor was the only purchaser; it applies even if the seller was also a minor.

Manufacture in the Second Degree — § 13A-12-217

Unlawful manufacture of a controlled substance in the second degree is a Class B felony: 2 to 20 years + up to $30,000. "Manufacture" includes cultivation, harvesting, processing, packaging, and labeling. A single homegrown cannabis plant qualifies as manufacture. First-degree manufacture (§ 13A-12-218, Class A felony) requires aggravating circumstances such as use of explosive precursors, presence of a minor, or proximity to a school.

No Home-Grow Allowance for Compassion Act Patients

Unlike most U.S. medical-cannabis programs (Massachusetts, Michigan, Colorado, California, etc.), the Compassion Act does not authorize home cultivation by registered patients. Cultivation is restricted to the up to 12 cultivator licensees and 5 integrated-facility licensees regulated by the AMCC. A patient who grows even a single plant for personal medical use commits a Class B felony under § 13A-12-217.

Industrial Hemp — Permitted Under ADAI License

Industrial hemp cultivation is permitted under the Alabama Industrial Hemp Research Program / Alabama Hemp Farming Act (SB 225, 2021), administered by the Alabama Department of Agriculture and Industries (ADAI). Licensed growers must keep cannabis plants under 0.3% delta-9 THC dry weight. Plants exceeding the threshold are "hot" and must be destroyed. Hemp licensing is annual; criminal-history disqualifiers apply. As of 2025, fewer than 100 active hemp growers in Alabama.

School-Zone & Public-Housing Enhancements

Distribution within 3 miles of a school (§ 13A-12-250) or within a designated public-housing zone (§ 13A-12-270) adds 5 years (non-suspendable, non-probationable). The 3-mile radius is wider than most states’ school-zone enhancements (1,000 feet is typical), and overlapping perimeters cover most or all of major-city footprints. The enhancements have been criticized for disproportionate impact on Black neighborhoods in Birmingham, Montgomery, and Mobile.

Civil Asset Forfeiture — § 20-2-93

Code of Alabama § 20-2-93 authorizes civil asset forfeiture of property "used or intended to be used" to commit, facilitate, or in any manner connect to a controlled-substance violation. Vehicles, cash, and real property are subject to forfeiture even without criminal conviction. The civil burden of proof (preponderance of the evidence) is lower than the criminal standard (beyond reasonable doubt). The forfeiture proceeding runs in parallel with the criminal case.

Reform efforts have been periodic but limited. A 2019 Alabama Policy Institute report estimated $4.7 million in cannabis-related civil-asset forfeiture revenue annually statewide. The ACLU of Alabama has advocated for forfeiture reform; legislation has not advanced.

Federal Layer — 21 U.S.C. § 841

Federal cultivation and distribution charges under 21 U.S.C. § 841 carry their own mandatory minimums: 5 years at 100 plants; 10 years at 1,000 plants. The U.S. Attorneys for the Northern, Middle, and Southern Districts of Alabama prosecute multi-state and high-quantity cases. The Drug Enforcement Administration (DEA) maintains task-force partnerships with the Alabama Law Enforcement Agency (ALEA) and county sheriffs’ offices.

Practical Notes

• Even a single plant is a Class B felony. Compassion Act patients have no home-grow privilege.
• "Delivery" includes giving away. Sharing cannabis with a friend technically violates § 13A-12-211.
• Sale to a minor is a Class A felony. 10 years minimum — among Alabama’s most severe non-violent offenses.
• Civil forfeiture runs parallel to criminal cases. Vehicles, cash, and real property linked to cultivation or distribution are at substantial risk.