HB269 Alabama 2017 Session

Under existing law, a person who possesses marijuana for other than personal use or who possesses marijuana for personal use and has previously been convicted of unlawful possession of marijuana in the second degree is guilty of a felony.

Under existing law, a person who possesses marijuana for his or her personal use is guilty of a Class A misdemeanor, punishable by imprisonment for not more than one year, a fine of not more than six thousand dollars, or a combination of imprisonment and a fine.

This bill would define unlawful possession of marijuana in the first degree as possession of over one ounce of marijuana and unlawful possession of marijuana in the second degree as possession of one ounce of marijuana or less.

This bill would make the first offense of unlawful possession of marijuana in the second degree a violation, punishable by a fine only.

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 Sections 13A-12-213 and 13A-12-214, Code of Alabama 1975, relating to possession of marijuana; to further provide for the definition of unlawful possession of marijuana in the first and second degree; to provide that a first offense for unlawful possession of marijuana in the second degree would be a violation; 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.