HB430 Alabama 2012 Session

Summary

Primary Sponsor

Daniel H. Boman

Republican

Session

Regular Session 2012

Title

Crimes and offenses, marihuana, unlawful possession of marihuana in the first degree based upon prior conviction if prior conviction was within five years of subsequent conviction, Sec. 13A-12-213 am'd.

Summary

HB430 would expand the first-degree crime for unlawful possession of marihuana to include a prior conviction within five years, based on a prior second-degree or personal-use conviction.

What This Bill Does

It changes the trigger for unlawful possession of marihuana in the first degree so that if a person currently possesses marihuana for personal use and has a prior conviction within five years for either unlawful possession of marihuana in the second degree or for personal use, the offense becomes a first-degree crime (Class C felony). The bill notes this change in the context of constitutional local-funds rules but states it is exempt from those requirements because it amends the crime definition. It becomes effective on the first day of the third month after passage and governor’s approval.

Who It Affects

• Individuals who have a prior conviction for unlawful possession of marihuana in the second degree or for personal use, if their current possession occurs within five years of that prior conviction; they could face a first-degree (Class C) felony charge instead of a lesser offense.
• Law enforcement, prosecutors, and the court system, which would apply the five-year look-back rule when determining whether a possession offense is first degree, affecting charging decisions and potential sentences.

Key Provisions

• Amends Section 13A-12-213 to make unlawful possession of marihuana in the first degree triggerable by a prior conviction within five years of the current offense, counting either a second-degree conviction or a personal-use conviction.
• Maintains that unlawful possession of marihuana in the first degree is a Class C felony.
• Addresses local-funds requirements under Amendment 621, noting the bill is exempt from those requirements because it defines or amends a crime.
• Provides that the act becomes effective on the first day of the third month after its passage and governor’s approval.

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