HB96 Alabama 2019 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Session

Regular Session 2019

Title

Crimes and offenses, marijuana, possession of, unlawful possession in first and second degree further provided, 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 96 would rewrite Alabama's marijuana possession laws by creating three possession degrees with new ounce thresholds and penalties, while adding a CBD exemption and noting a specific effective date.

What This Bill Does

It defines first-degree possession as two ounces or more, with Class C felony penalties for non-personal-use possession and Class D felony penalties for personal-use possession after a prior conviction. It creates second-degree possession for more than one ounce but less than two ounces (for personal use only) as a Class A misdemeanor. It adds a third-degree possession for one ounce or less, with fines of up to $250 for first/second offenses and up to $500 for third or subsequent offenses, and it excludes this section from additional charges under certain conditions. It includes a CBD exemption and specifies the act becomes law on the first day of the third month after approval. It also notes the bill’s relation to statewide local-funding rules under Amendment 621.

Who It Affects

• People who possess marijuana in Alabama, with penalties based on the amount: two ounces or more can lead to a Class C felony (or Class D felony in a personal-use-after-conviction path); more than one ounce but less than two ounces can lead to a Class A misdemeanor; one ounce or less can lead to fines (up to $250 for initial/second offenses, up to $500 for third or subsequent offenses).
• Law enforcement, courts, and prosecutors who file charges and determine penalties will see redefined offenses and new third-degree offenses, plus CBD-related provisions and local-expenditure considerations

Key Provisions

• Amends Sections 13A-12-213 and 13A-12-214 to redefine first- and second-degree possession and their penalties; creates new thresholds and classifications for possession.
• Adds Sections 13A-12-214.4 and 13A-12-214.5 to create a unlawful possession of marijuana in the third degree and to provide a CBD-related exception, respectively.
• First-degree possession defined as two ounces or more, with Class C felony penalties for possession other than personal use and Class D felony penalties for personal-use possession after prior conviction.
• Second-degree possession defined as more than one ounce but less than two ounces (for personal use only) and punishable as a Class A misdemeanor.
• Third-degree possession defined as one ounce or less, with fines up to $250 for first or second offenses and up to $500 for third or subsequent offenses; no related 13A-12-260 charges in conjunction with this offense.
• CBD provisions clarify that possession or use of Cannabidiol (CBD) as authorized remains governed by other specified sections and is not subject to these provisions.
• The bill states it is exempt from the local-funding approval requirements of Amendment 621 due to described exceptions, and it becomes effective on the first day of the third month after 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