HB344 Alabama 2011 Session

Summary

Primary Sponsor

Mac McCutcheon

Republican

Session

Regular Session 2011

Title

Controlled substances, quantity thresholds revised, recommended dosages established by State Board of Health, recognized, criminal violations related to marijuana, quantity thresholds revised, State Board of Health authorized to establish monthly therapeutic dosages, Secs. 13A-12-214.1, 13A-12-214.2 added; Secs. 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-231, 20-2-20 am'd.

Summary

HB344 would change Alabama's marijuana and other controlled-substance laws by creating new marijuana possession offenses, tying penalties to monthly dosages set by the State Board of Health, and giving the Board authority to schedule and adjust drug classifications.

What This Bill Does

It creates unlawful possession of marijuana in the third degree (three ounces or more, but less than ten ounces) as a Class D felony, and unlawful possession of marijuana in the fourth degree (not more than three ounces) as a Class A misdemeanor, with a sentence enhancement to Class D felony after three prior convictions for unlawful possession of marijuana in the fourth degree. It revises the thresholds for Schedule I drug crimes to distinguish individual users from traffickers, and restructures penalties for Schedules II–V based on the monthly therapeutic dosages established by the State Board of Health. It authorizes the Board to establish monthly therapeutic dosages for Schedules II–V and to control scheduling of substances, with new sections adding specific marijuana possession penalties and guidance for enforcing these thresholds.

Who It Affects

• Individuals who possess marijuana or distribute controlled substances, as their penalties and classifications could change based on the new third- and fourth-degree marijuana offenses and the dosage-based framework.
• State Board of Health and medical/regulatory community, which would set monthly therapeutic dosages for Schedules II–V and oversee scheduling/adjustment of controlled substances.

Key Provisions

• Adds unlawful possession of marijuana in the third degree: three ounces or more, but less than 10 ounces, for personal use, classified as a Class D felony.
• Adds unlawful possession of marijuana in the fourth degree: not more than three ounces for personal use, classified as a Class A misdemeanor; after three prior convictions for unlawful possession of marijuana in the fourth degree, the sentence is enhanced to a Class D felony.
• Amends Sections 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-231, and 20-2-20 to implement penalties and thresholds for possession/distribution of Schedule I–V substances based on monthly therapeutic dosages established by the State Board of Health.
• Authorizes the State Board of Health to establish monthly therapeutic dosages for Schedules II–V and to designate/move substances between schedules under its rules, using criteria such as abuse potential, scientific evidence, and public health risk.
• Adds Sections 13A-12-214.1 and 13A-12-214.2 detailing the new third- and fourth-degree unlawful possession of marijuana offenses.
• Note: The bill acknowledges potential local funding effects but is exempt from Amendment 621 requirements because it defines a new crime or amends the definition of an existing crime.
• Effective date: becomes law on the first day of the third month after its passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses