SB51 Alabama 2018 Session

Under existing law, a person who knowingly sells, manufacturers, delivers, or brings into the state, or who is knowingly in actual or constructive possession of more than one kilo or 2.2 pounds of any part of the genus cannabis is guilty of the crime of trafficking in cannabis

Under existing law, a person convicted of trafficking more than one kilo or 2.2 pounds, but less than 100 pounds shall be sentenced to a mandatory minimum term of three years imprisonment and a fine of $25,000

This bill would raise the minimum amount of cannabis a person must sell, manufacture, or deliver, or knowingly be in actual or constructive possession of, in order to be convicted of trafficking to 4.5 kilos or 10 pounds. This bill would adjust the penalty for a conviction of trafficking more than 4.5 kilos or 10 pounds accordingly

Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621

To amend Section 13A-12-231, Code of Alabama 1975, to further define trafficking of cannabis; 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.