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.

Description

This bill would revise the quantity thresholds for marijuana criminal violations to distinguish between low-level drug users and career criminals by changing penalties for marijuana possession in the first and second degrees and creating the crimes of possession of marijuana in the third and fourth degrees.

This bill would revise the quantity threshold of Schedule I controlled substance criminal violations to distinguish between individual drug users and drug traffickers.

This bill would also restructure criminal drug offense penalties for Schedule II through Schedule V controlled substances based on recommended therapeutic dosages as established by the State Board of Health, which would render the Schedules current based on the lawful allowable dosages as drugs are improved or new drugs become available.

This bill would authorize the State Board of Health to establish monthly therapeutic dosages for Schedules II-V drugs.

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.

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Subjects

Crimes and Offenses