MOBILE, Ala. — A Theodore man is facing drug charges after a traffic stop Thursday night near Government Boulevard and Interstate 65 in Mobile, according to the Mobile Police Department.
According to an MPD news release, officers conducted the traffic stop just before 8 p.m. Thursday, Sept. 24, in the area of Government Boulevard and I-65. During the stop, officers saw drugs in the vehicle.
Neco Martin, 34, of Theodore, was arrested and charged with first-degree possession of marijuana and possession of drug paraphernalia. He was taken to Mobile County Metro Jail.
What we know
- When: Thursday, Sept. 24, just before 8 p.m.
- Where: The area of Government Boulevard and I-65 in Mobile
- Who: Neco Martin, 34, of Theodore
- Charges: First-degree possession of marijuana; possession of drug paraphernalia
- Booked into: Mobile County Metro Jail
Police did not release details about the reason for the traffic stop, the amount of marijuana involved, or what paraphernalia was found. Information about bond was not included in the release.
Understanding the charges
Under Alabama law, marijuana possession is divided into two degrees, and the distinction carries very different consequences.
Second-degree possession of marijuana generally applies to possession for personal use and is a misdemeanor.
First-degree possession of marijuana is a felony. Under Alabama law, the charge generally applies when a person is accused of possessing marijuana for something other than personal use, or of possessing marijuana for personal use after a previous conviction for marijuana possession. First-degree possession is classified as a Class C felony, which in Alabama carries a potential sentence of one year and one day up to 10 years in prison, along with possible fines.
The police release did not say which circumstance led to the first-degree charge in this case.
Possession of drug paraphernalia is a separate offense. In Alabama, it is generally a Class A misdemeanor, the most serious class of misdemeanor, which can carry up to a year in jail and a fine.
Alabama’s marijuana laws
Alabama remains one of the states where recreational marijuana is illegal. In 2021, the state approved a limited medical cannabis program for patients with qualifying conditions, but that program does not permit smokable marijuana or raw plant material, and it does not allow recreational use. As a result, possession of marijuana outside the medical program remains a criminal offense in Alabama.
That puts Alabama in contrast with some other parts of the country, where recreational use has been legalized. For travelers passing through Mobile on I-65 or I-10, it is worth remembering that marijuana purchased legally in another state is still illegal to possess in Alabama.
A busy corridor
The area where the stop happened is one of the busiest in west Mobile. Government Boulevard, which carries U.S. 90, runs through a heavily commercial stretch near the interchange with I-65, where retail centers, restaurants and hotels draw steady traffic throughout the day and into the evening. Mobile police regularly conduct traffic enforcement along major corridors like this one.
What happens next
After an arrest in Mobile County, a person is typically booked into Metro Jail, where bond may be set according to a schedule or by a judge. For felony charges, the case can move through the district court, where a preliminary hearing may be held, before potentially being presented to a grand jury. If a grand jury returns an indictment, the case would proceed in circuit court.
Along the way, a defendant may enter a plea, negotiate with prosecutors or take the case to trial. Some first-time or lower-level drug offenders in Alabama may also be eligible for diversion programs, such as drug court or pretrial diversion, depending on the circumstances and the prosecutor’s decision.
Presumption of innocence
An arrest is not a conviction. Charges are accusations made by law enforcement, and every person charged with a crime is presumed innocent unless and until proven guilty in a court of law. Martin will have the opportunity to answer the charges in court.
Anyone with information about criminal activity in Mobile can contact the Mobile Police Department or submit a tip anonymously through Crime Stoppers.