Crimes and offenses, unlawful possession of marijuana, crime revised, Secs. 13A-12-213, 13A-12-214 am'd.
Impact
If enacted, SB160 would transform how marijuana possession is prosecuted in Alabama. It effectively lowers the penalties for possession of smaller amounts of marijuana, shifting unlawful possession in the second degree to a Class A misdemeanor with a maximum fine of $250. This shift represents a significant diminishment in the legal and social consequences individuals face for minor marijuana-related offenses, aligning state laws more closely with changing perceptions around marijuana use. Furthermore, individuals found guilty may be eligible for expungement of their records after five years of no further convictions, fostering a pathway for rehabilitation and reintegration into society.
Summary
SB160 proposes significant changes to the legal framework surrounding the unlawful possession of marijuana in Alabama. Central to the bill is the amendment of the existing laws related to unlawful possession, distinguishing between first and second degree possession. Under the proposed bill, possession of marijuana is classified into two degrees with differentiating quantities and penalties. Possession of two or more ounces is considered unlawful possession in the first degree, while possession of less than two ounces is classified as unlawful possession in the second degree. The penalties associated with these classifications have been revised, with a focus on reducing the severity of consequences for minor offenses.
Contention
The bill does, however, raise questions and potential contention points among lawmakers. Critics may argue that while the bill could lead to more equitable treatment of minor possession cases, it might inadvertently trivialize the issues surrounding drug possession and addiction. Additionally, the amendment does pose a new or increased expenditure of local funds as referenced by Amendment 621 of the Alabama Constitution, creating potential hurdles regarding its implementation. These factors may generate diverse opinions among legislators and stakeholders regarding the balance of public health, safety, and justice in the context of marijuana legislation.
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
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
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.).
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.
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; 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; 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