SB98 Alabama 2019 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Session

Regular Session 2019

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 98 overhauls Alabama's marijuana possession laws by changing thresholds, creating a new less-than-one-ounce offense, and adjusting penalties and record implications.

What This Bill Does

It raises the possession threshold for unlawful possession in the first degree to two ounces or more for non-personal use (and retains a higher penalty for personal-use cases after certain prior convictions). It lowers the threshold for the second degree to one ounce or more but less than two ounces and revises its penalties. It creates a new third-degree offense for possession of less than one ounce, with fines limited to $250 for the first two offenses and up to $500 for third or subsequent offenses, and it states that first/second offenses under this third degree do not appear on a criminal record. It also clarifies that edible cannabis derivatives are not covered by the third-degree provision and sets CBD provisions apart; the act includes an effective date and notes it is exempt from certain local-funding requirements.

Who It Affects

• Individuals who possess marijuana in Alabama, as the bill changes thresholds (first- and second-degree) and introduces a third-degree offense with monetary penalties.
• People with prior marijuana convictions, since the bill links certain possession offenses to prior convictions and adjusts the severity of penalties for those cases.

Key Provisions

• Amends 13A-12-213 to make unlawful possession of marijuana in the first degree: (a) two or more ounces for non-personal use; or (b) personal-use possession after a prior conviction, with Class C felony for the two-or-more-ounce scenario and Class D felony for the post-prior-conviction scenario.
• Amends 13A-12-214 to make unlawful possession of marijuana in the second degree: possession of one ounce or more but less than two ounces for personal use, with penalties revised accordingly (Class A misdemeanor).
• Adds 13A-12-214.4 creating unlawful possession of marijuana in the third degree for possession of less than one ounce; first or second offenses are violations punishable by fines up to $250, and third or subsequent offenses by fines up to $500; edible derivatives are excluded; no related charge under 13A-12-260.
• Adds 13A-12-214.5 clarifying that possession or use of CBD as authorized remains governed by other sections and is not affected by 13A-12-214 or 13A-12-214.4.
• The bill is stated as exempt from local expenditure rules under Amendment 621 because it defines a new crime or amends an existing crime; it does not require local government approval or a 2/3 vote for effectiveness.

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