HB 96

Under existing law, a person commits the crime of unlawful possession of marijuana in the first degree and is guilty of a Class C felony if the person possesses marijuana for other than personal use. A person commits the crime of unlawful possession of marijuana in the first degree and is guilty of a Class D felony if the person possesses marijuana for personal use after having been previously convicted of unlawful possession in the second degree

This bill would revise the crime of unlawful possession of marijuana in the first degree to eliminate references to personal use and provide that a person commits the crime if he or she possesses two or more ounces of marijuana. This bill would also provide that unlawful possession of marijuana in the first degree is a Class C felony

Under existing law, a person commits the crime of unlawful possession of marijuana in the second degree and is guilty of a Class A misdemeanor if he or she possesses any amount of marijuana for personal use only

This bill would revise the crime of unlawful possession of marijuana in the second degree to eliminate references to personal use and provide that a person commits the crime if he or she possesses more than one ounce but less than two ounces of marijuana

This bill would create the crime of possession of marijuana in the third degree for possession of one ounce or less of marijuana and would provide a fine for a violation based on the number of the person's prior convictions for possession of marijuana in the third degree

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

To amend Sections 13A-12-213 and 13A-12-214, Code of Alabama 1975, relating to the possession of marihuana in the first and second degrees; to revise the elements of the crimes and the criminal penalties; to add Sections 13A-12-214.4 and 13A-12-214.5, to the Code of Alabama 1975, to provide for the unlawful possession of marihuana in the third degree; 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.

Section 1

Sections 13A-12-213 and 13A-12-214, Code of Alabama 1975, are amended to read as follows:

§13A-12-213.

(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized:,

(1) He he or she possesses two ounces or more of marihuana. for other than personal use; or

(2) He or she possesses marihuana for his or her personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his or her personal use only.

(b) Unlawful possession of marihuana in the first degree pursuant to subdivision (1) of subsection (a) is a Class C felony.

(c) Unlawful possession of marihuana in the first degree pursuant to subdivision (2) of subsection (a) is a Class D felony.

§13A-12-214.

(a) A person commits the crime of unlawful possession of marihuana in the second degree if, except as otherwise authorized, he or she possesses more than one ounce but less than two ounces of marihuana for his personal use only.

(b) Unlawful possession of marihuana in the second degree is a Class A misdemeanor."

Section 2

Sections 13A-12-214.4 and 13A-12-214.5 are added to the Code of Alabama 1975, to read as follows: §13A-12-214.4. (a) A person commits the crime of unlawful possession of marihuana in the third degree if, except as otherwise authorized, he or she possesses one ounce or less of marihuana. (b) Notwithstanding Section 13A-5-12: (1) A first or second offense of unlawful possession of marihuana in the third degree is a violation punishable only by a fine not to exceed two hundred fifty dollars ($250). (2) A third or subsequent offense of unlawful possession of marihuana in the third degree is a violation punishable only by a fine not to exceed five hundred dollars ($500). (c) A violation of this section alone shall not be accompanied by a charge pursuant to Section 13A-12-260. §13A-12-214.5. Nothing in Section 13A-12-214 or 13A-12-214.4 shall apply to the possession or use of Cannabidiol (CBD) as authorized under Section 13A-12-214.2 or Section 13A-12-214.3.

Section 3

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.