Legal Question in Criminal Law in Alabama

The judge's opinion may be that it should be a misdemeanor, but that is not the current law in Alabama. Cocaine residue still qualifies as unlawful possession of a controlled substance, which is a class C felony. There is a proposal that has been made to create a new category of offenses called a Class D felony, which would deal with situations like what you describe and which would focus more on alternative sentencing approaches. That bill is being considered by the Alabama legislature in 2011, but we do not yet know whether it will pass into law.

As to whether you can be convicted of the offense, that will depend on more factors than you have listed in your post. There are many defenses that can be raised in a drug possession case, especially concerning searches and seizures. Whether those defenses are available are something you will need to discuss with a criminal defense attorney in private.

Good luck to you.

William L. Pfeifer, Jr.

http://williampfeifer.com