SB286 Alabama 2011 Session

Summary

Primary Sponsor

Jerry L. Fielding

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

This bill revamps marijuana penalties and other drug offenses by tying certain penalties to monthly therapeutic dosages set by the State Board of Health and by creating new marijuana possession degrees.

What This Bill Does

It changes marijuana possession penalties by creating third-degree (3 ounces to less than 10 ounces) and fourth-degree (not more than 3 ounces) offenses, with corresponding penalties and a potential upgrade to a higher felony after three prior fourth-degree convictions. It revises the Schedule I threshold to distinguish individual drug users from traffickers, and restructures penalties for Schedules II–V based on monthly therapeutic dosages established by the State Board of Health. It authorizes the State Board of Health to establish monthly therapeutic dosages for Schedules II–V and to schedule or reschedule substances as needed, influencing how offenses are classified and punished. It adds new sections codifying the new marijuana possession offenses and includes provisions about local funding and the act's effective date.

Who It Affects

• Individuals who possess marijuana (including those in the new third- and fourth-degree ranges) and those who distribute or possess Schedule I–V substances; penalties would depend on the new dosage-based thresholds and degree classifications.
• The State Board of Health and related health policy bodies; they would set monthly therapeutic dosages for Schedules II–V and oversee scheduling decisions that shape crime classifications and punishments.

Key Provisions

• Creates unlawful possession of marijuana in the third degree (three ounces or more, but less than ten ounces) as a Class D felony.
• Creates unlawful possession of marijuana in the fourth degree (not more than three ounces) as a Class A misdemeanor, with sentence enhancements to Class D felony after three previous convictions for unlawful possession of marijuana in the fourth degree.
• Revises penalties for possession/distribution of Schedule I substances to distinguish individual users from traffickers, and restructures penalties for Schedules II–V based on monthly therapeutic dosages.
• Authorizes the State Board of Health to establish monthly therapeutic dosages for Schedules II–V and to schedule or reschedule substances accordingly.
• Adds Sections 13A-12-214.1 and 13A-12-214.2 to codify the new marijuana possession offenses.
• Amends Sections 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-231, and 20-2-20 and provides an effective date; notes local funding considerations under Amendment 621 (with exemptions).

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses