HB50 Alabama 2018 Session

Existing law provides that a person commits the crime of unlawful possession with intent to distribute if he or she possess a certain quantity of listed controlled substances. This list does not include synthetic controlled substances and synthetic controlled substance analogues

This bill would amend the list of controlled substances for which a person can commit the crime of unlawful possession with intent to distribute to include synthetic controlled substances and synthetic controlled substance analogues

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

Relating to unlawful distribution of controlled substances; to amend Section 13A-12-211, Code of Alabama 1975, to add synthetic controlled substances and synthetic controlled substance analogues to the list of controlled substances for which a person can commit the crime of unlawful possession with intent to distribute; 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.