HB163 Alabama 2011 Session

Under existing law, the possession of certain named chemical compounds of synthetic cannabinoids is prohibited and subject to criminal penalties. Possession of the substances is a Class C felony except possession for personal use on the first offense is a Class A misdemeanor.

This bill would add certain named chemical compounds of synthetic cannabinoid to the law and would specify that any other chemical compound capable of exhibiting cannabinoid like psychoactivity would be prohibited. Violations would be subject to the existing penalties.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

To amend Section 1 of Act 2010-717 of the 2010 Regular Session (Acts 2010, p. 1778), now appearing as Section 13A-12-214.1 of the Code of Alabama 1975; to further prohibit subject to existing penalties certain named chemical compounds of synthetic cannabinoid and to specify that any other chemical compound capable of exhibiting cannabinoid like psychoactivity would be prohibited; 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 Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.