Crimes and offenses, to eliminate the crime of possession of marijuana in the first degree if the individual has previous conviction for marijuana in the second degree, provide for jurisdiction in the district court for subsequent possession of marijuana offenses, to permit an individual with felony to have felony offense reduced to a misdemeanor, Secs. 13A-12-213, 13A-12-214 am'd.
Impact
The bill's passage would reform the state's approach toward marijuana usage, aligning it more closely with evolving social attitudes and legal standards regarding cannabis. By allowing those convicted of a felony for possession of marijuana to have their charge reduced to a misdemeanor, HB407 provides a pathway for individuals with previous convictions to reintegrate into society with fewer barriers. This change is expected to reduce the strain on the judicial system by limiting the number of felony cases related to personal marijuana use.
Summary
House Bill 407 seeks to amend existing laws regarding marijuana possession in Alabama. Specifically, the bill proposes to eliminate the classification of possession of marijuana in the first degree for individuals who use marijuana personally after a prior conviction for possession in the second degree. This means that individuals previously convicted and later found possessing marijuana would no longer face automatic felony charges, allowing for more lenient treatment under the law regarding personal use.
Contention
However, the bill has generated debate within the legislative assembly. While supporters argue it reflects a more reasonable approach to personal use that avoids punitive measures disproportionate to the crime, critics may raise concerns about potential increased costs for local jurisdictions handling cases that shift from felony to misdemeanor classifications. The bill also includes provisions that may necessitate new local governmental expenditures, which could complicate budgetary considerations for those localities.
Final_notes
In essence, HB407 represents a significant shift in how Alabama manages marijuana-related offenses, marking a step towards more progressive criminal justice policies while instigating necessary discussions around funding and local governance.
Crimes and offenses, crimes of abuse and neglect of an adult with a disability in the first, second and third degree and crimes of financial exploitation of an adult with a disability in the first, second, and third degree, created
Crimes and offenses; further provide for the crime of murder, manslaughter, and assault in the first and second degree; provide enhanced sentencing; define machinegun
Crimes and offenses; unlawful distribution of a controlled substance further provided for; unlawful sale of a controlled substance enhancements amended; unlawful distribution of marijuana created and penalties established
Crimes and offenses, penalty increased for crimes of making a terrorist threat in the first or second degree, public K-12 schools may immediately suspend student if charged, principal required to sign complaint if warranted, readmittance and restitution provided
Crimes and offenses; unlawful distribution of a controlled substance further provided for; sentence enhancement for unlawful sale of a controlled substance amended; unlawful distribution of marijuana created and penalties established
Medical marihuana: administration; transfer of medical marihuana from 1 facility to another; allow under certain circumstances, and prohibit a background check of an applicant's spouse under certain circumstances. Amends secs. 102, 402, 501, 502 & 504 of 2016 PA 281 (MCL 333.27102 et seq.).
Marihuana: other; tribal marihuana businesses; allow cannabis regulatory agency to contract with Indian tribes regarding the operation of. Amends secs. 3, 7, 8, 10 & 13 of 2018 IL 1 (MCL 333.27953 et seq.). TIE BAR WITH: SB 0179'23
Marihuana: other; individuals who are 19 years of age or older; allow to be employed by or volunteer for marihuana establishments. Amends title & secs. 3, 4, 5, 8, 10 & 11 of 2018 IL 1 (MCL 333.27953 et seq.).
Marihuana: other; cross-references to industrial hemp research and development act within the medical marihuana facilities licensing act; amend. Amends title & secs. 102, 206, 502 & 505 of 2016 PA 281 (MCL 333.27102 et seq.). TIE BAR WITH: HB 6288'24