HB257 Alabama 2016 Session

Summary

Primary Sponsor

Patricia Todd

Democrat

Session

Regular Session 2016

Title

Crimes and offenses, possession of marijuana, violation punishable by a fine only, Secs. 13A-12-213, 13A-12-214 am'd.

Summary

HB257 would redefine unlawful marijuana possession into two levels based on amount and prior convictions, make the first offense of second-degree possession a fine-only violation, and set first-degree possession as a Class C felony.

What This Bill Does

If enacted, the bill creates first-degree possession for more than one ounce, or for one ounce or less if the person has a prior second-degree conviction or a prior personal-use conviction, classifying it as a Class C felony. It creates second-degree possession for one ounce or less for personal use, treated as a Class A misdemeanor, with the first offense fined ($250) and subsequent offenses fined ($500). A conviction under this section would not appear on the person's criminal record. The act would take effect on the first day of the third month after the governor signs it into law.

Who It Affects

• General marijuana possessors in Alabama: Their charges would depend on the amount possessed and their criminal history, potentially resulting in a felony (first-degree), a misdemeanor (second-degree), or a fine for the first offense of second-degree.
• People with prior marijuana convictions (second-degree or personal-use): Prior history can move possession cases to first-degree possession and the second-degree offenses carry explicit fines, with the notable provision that convictions under this section would not appear on their criminal record.

Key Provisions

• Defines unlawful possession of marijuana in the first degree as more than one ounce, or one ounce or less if the person has a prior unlawful possession of marijuana in the second degree conviction or a prior unlawful possession for personal use only.
• Defines unlawful possession of marijuana in the second degree as one ounce or less for personal use.
• First offense of unlawful possession of marijuana in the second degree is a fine-based offense (first offense $250; second or subsequent offenses $500).
• A conviction under this section shall not appear on a person's criminal record.
• First-degree possession is a Class C felony; second-degree possession is a Class A misdemeanor.

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