HB430 Alabama 2012 Session

Under existing law, a person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized, he or she possesses marihuana for other than personal use or he or she possesses marihuana for personal use and has been previously convicted of unlawful possession of marihuana in the second degree

Unlawful possession of marihuana in the first degree is a Class C felony

This bill would provide that a person commits the crime of unlawful possession of marihuana in the first degree based upon a prior conviction of unlawful possession of marihuana in the second degree if the prior conviction occurred within five years of the subsequent conviction

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 13A-12-213, Code of Alabama 1975, relating to unlawful possession of marihuana; to further define the crime of unlawful possession of marihuana in the first degree when based upon a prior conviction of unlawful possession of marihuana in the second degree; 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.