FAIRHOPE, Ala. — Fairhope drug arrests have been steady in recent weeks, with police reporting three more on Sunday and Monday, including a felony possession charge that followed a traffic stop near Morphy Avenue and Bishop Road.
The Fairhope Police Department said it has made several drug arrests recently and even more over roughly the past month. Most have come out of traffic stops and investigations into suspicious activity, according to police.
Everyone arrested is presumed innocent unless proven guilty in court.
Traffic stop leads to felony charge
The most serious of the recent cases began with a traffic stop at about 5:30 p.m. Monday, Oct. 26. Police said an officer pulled over a vehicle for a traffic infraction near Morphy Avenue and Bishop Road.
During the stop, the officer found illegal narcotics, including amphetamine and dextroamphetamine, according to police. Both are prescription-only stimulants that police described as highly addictive.
Amy Leigh Moore Stack was arrested and charged with possession of a controlled substance, a felony.
Amphetamine and dextroamphetamine are the active ingredients in widely prescribed medications used to treat attention-deficit/hyperactivity disorder and narcolepsy. Because of their potential for misuse and dependence, they are classified as Schedule II controlled substances under federal law, and possessing them without a valid prescription is illegal.
In Alabama, possession of a controlled substance is generally charged as a Class D felony. A Class D felony is the lowest felony classification in the state and carries a possible sentence of one year and one day up to five years, though first-time offenders charged with possession may be eligible for alternatives such as drug court or pretrial diversion, depending on the circumstances and the local programs available.
THC arrest at Plantation Pointe
In a separate investigation, officers arrested Greenly Marie Culbreth shortly after midnight on Sunday, Oct. 25, at the Plantation Pointe Shopping Center, police said. Culbreth was charged with possession of THC.
THC, or tetrahydrocannabinol, is the main psychoactive compound in marijuana. Recreational marijuana remains illegal in Alabama, and possessing THC products outside the law can result in criminal charges.
The state’s medical cannabis law, the Darren Wesley “Ato” Hall Compassion Act, was signed in 2021. It allows certain patients with qualifying conditions to obtain medical cannabis through a physician recommendation and a state-issued card, and it limits products to forms such as tablets, capsules, oils and topical preparations. The law does not allow smokable flower, and it does not legalize possession for people outside the program.
Paraphernalia charge on Greeno Road
Later the same day, at about 6:50 p.m. Oct. 25, officers arrested John Noel Penn at Greeno Road and Morphy Avenue, according to police. Penn was charged with possession of drug paraphernalia.
Under Alabama law, possession of drug paraphernalia — items used or intended for use with illegal drugs — is typically a misdemeanor.
Why traffic stops often turn into drug cases
Police said most of their recent drug arrests have grown out of traffic stops and suspicious activity calls. That pattern is common for municipal departments. Once an officer lawfully stops a vehicle for a traffic violation, the courts have recognized several ways a search can follow, including a driver’s consent, contraband in plain view, or facts that give the officer probable cause to believe the vehicle contains evidence of a crime.
Whether a particular stop and search were lawful can be challenged in court. Defendants can ask a judge to suppress evidence they believe was obtained in violation of the Fourth Amendment.
Where the arrests happened
The three arrests were spread across well-traveled parts of the city:
- Morphy Avenue and Bishop Road — felony possession of a controlled substance, Oct. 26 at about 5:30 p.m.
- Plantation Pointe Shopping Center — possession of THC, Oct. 25 shortly after midnight.
- Greeno Road and Morphy Avenue — possession of drug paraphernalia, Oct. 25 at about 6:50 p.m.
Greeno Road, also U.S. Highway 98, is Fairhope’s main commercial corridor, and Morphy Avenue is one of the primary east-west streets connecting it with downtown.
What happens next
The cases will proceed through the court system. Misdemeanor charges such as THC possession and paraphernalia possession are typically handled in municipal or district court. Felony charges begin in Baldwin County District Court, where a defendant may request a preliminary hearing, and can then be presented to a Baldwin County grand jury, which decides whether there is enough evidence to issue an indictment. Indicted cases move to Baldwin County Circuit Court.
Police did not release the ages or hometowns of the people arrested, and did not provide details about the other arrests made over the past month.
