HB272 Alabama 2018 Session

Summary

Primary Sponsor

Patricia Todd

Democrat

Session

Regular Session 2018

Title

Marijuana, possession of, penalties revised, quantities included, possession of marijuana in third degree created, Secs. 13A-12-214.4, 13A-12-214.5 added; Secs. 13A-12-213, 13A-12-214 am'd.

Summary

HB 272 rewrites Alabama's marijuana possession laws by raising the amount that triggers certain crimes, increasing penalties for personal-use possession, and creating a new third-degree offense for small amounts.

What This Bill Does

It changes unlawful possession of marijuana in the first degree to apply when a person possesses two ounces or more (non-personal use) or when someone possesses for personal use after a prior second-degree or personal-use conviction, making the first scenario a Class C felony and the second a Class D felony. It changes unlawful possession in the second degree to a Class D felony for possessing more than one ounce but less than two ounces for personal use only. It creates unlawful possession of marijuana in the third degree for possessing one ounce or less, with first or second offenses fined up to $250 and third or subsequent offenses fined up to $500, and with certain exclusions (edible derivatives excluded and no charges under a separate possession statute). It also provides CBD exemptions and notes that the bill is designed to be effective without requiring a local government approval in some cases due to exceptions in Amendment 621. The act becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Individuals who possess marijuana: penalties vary by amount and whether it is for personal use or for non-personal use, and by prior convictions, with some possession becoming felonies and other possession (one ounce or less) becoming a new third-degree offense with limited fines.
• Local governments and fiscal authorities: potential changes in required local expenditures are noted, but the bill includes exceptions that allow it to become law without a 2/3 vote in certain cases.

Key Provisions

• Amends §13A-12-213 and §13A-12-214 to revise first- and second-degree marijuana possession penalties and thresholds: two ounces or more for non-personal use triggers first-degree possession (Class C felony); personal-use possession after a prior second-degree or personal-use conviction triggers Class D felony.
• Reclassifies unlawful possession of marijuana in the second degree (more than one ounce but less than two ounces for personal use) to a Class D felony.
• Adds §13A-12-214.4 creating unlawful possession of marijuana in the third degree for possession of one ounce or less, with fines of up to $250 for first/second offenses and up to $500 for third/subsequent offenses, and excludes edible derivatives from this section.
• Adds §13A-12-214.5 clarifying that cannabidiol (CBD) possession/use as authorized is not subject to these changes.
• Section 3 notes the bill is exempt from local expenditure approval requirements under Amendment 621 due to its crime-definition changes.
• Section 4 establishes the act's effective date as the first day of the third month after passage and governor 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