SB251 Alabama 2018 Session

Summary

Primary Sponsor

Dick Brewbaker

Republican

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

SB 251 overhauls Alabama's marijuana possession penalties by creating a new third-degree offense for small amounts and by changing penalties for personal-use and larger-quantity possession.

What This Bill Does

It creates unlawful possession of marijuana in the third degree for possessing one ounce or less, with fines of up to $250 for first or second offenses (these offenses would not appear on a criminal record) and up to $500 for a third or subsequent offense, and edible products are excluded. It raises the penalty for possession of marijuana for personal use from a Class A misdemeanor to a Class D felony. It revises the first-degree possession rules: two ounces or more for non-personal use or personal use after a prior conviction would be a Class C felony, and the personal-use-after-prior-conviction scenario would be a Class D felony. It adds a CBD carve-out clarifying that possession or use of CBD remains governed by related sections and sets the act to take effect three months after passage.

Who It Affects

• People who possess marijuana, with penalties varying by amount and whether it is for personal use or other uses, including a new third-degree offense for one ounce or less with potential fines and record considerations.
• CBD users and products containing CBD, because the bill preserves a carve-out that keeps CBD possession or use governed by separate provisions and not the new third-degree offense.

Key Provisions

• Creates unlawful possession of marijuana in the third degree for possessing one ounce or less, with fines up to $250 for first or second offenses (these offenses would not appear on a person's criminal record) and up to $500 for a third or subsequent offense; edible derivatives are excluded from this section.
• Raises the penalty for possession of marijuana for personal use from a Class A misdemeanor to a Class D felony.
• Amends the first-degree possession provisions: two ounces or more for non-personal use or personal use after prior conviction would be a Class C felony, and the personal-use-after-prior-conviction scenario would be a Class D felony.
• Adds a CBD carve-out clarifying that CBD possession or use, as authorized under other sections, is not subject to the new third-degree offense and sets the act's effective date for three months after passage.

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