Crimes and offenses; unlawful possession of marijuana; crime revised based on amount of ounces possessed; criminal penalties revised
Impact
The bill not only adjusts penalties but also facilitates the expungement of prior unlawful possession charges. Individuals found not guilty of unlawful possession or who have had their convictions overturned may petition for the removal of these records after a waiting period, provided they have maintained a clean record for five years. This provision has significant implications for those previously charged with or convicted of marijuana-related offenses, potentially aiding in their reintegration into society by clearing their criminal records.
Summary
SB42 aims to amend Alabama's laws regarding unlawful possession of marijuana, fundamentally changing the penalties associated with possession based on the amount held. Under existing laws, possession of more than one ounce is classified differently than possession of less than an ounce; SB42 seeks to reduce the penalty for possession of less than one ounce from a Class A misdemeanor to a simple violation subject to a fine. This change signifies a shift toward less severe consequences for minor drug offenses, aligning with broader trends in drug law reform across the United States.
Contention
Despite its intentions to reduce penalties and promote fairness, SB42 may face contention from lawmakers and community groups wary of decriminalization. Some proponents of stringent drug laws may argue that relaxed penalties could lead to increased marijuana use and associated societal issues. Additionally, concerns may be raised regarding the potential for increased local expenditures related to the processing of expungement petitions, despite the bill's provisions that exempt it from needing local government approval for its financial implications.
Relating to crimes and offenses; to amend Sections 13A-12-213 and 13A-12-214, Code of Alabama 1975, to provide further for the crimes of unlawful possession of marijuana in the first and second degrees; to revise the criminal penalties; to provide for expungement of a charge, finding, or conviction, under certain conditions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
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.
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; 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
Reduces criminal penalties for marijuana possession and prohibits application of enhanced sentencing laws to second and subsequent offense marijuana possession. (gov sig) (OR INCREASE LF EX See Note)