SB98 Alabama 2019 Session

Summary

Primary Sponsor

Bobby D. Singleton Senator

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.

Description

Under existing law, a person convicted of possessing marijuana for other than personal use is guilty of unlawful possession of marijuana in the first degree and is guilty of a Class C felony.

Under existing law, a person convicted of unlawful possession of marijuana for personal use after having previously been convicted of unlawful possession of marijuana in the second degree or unlawful possession of marijuana for his or her personal use only is guilty of unlawful possession of marijuana in the first degree and is guilty of a Class D felony.

This bill would revise the crime of unlawful possession of marijuana in the first degree to require possession of two or more ounces of marijuana and would revise the penalties for violations.

Also under existing law, a person who possesses marijuana for his or her personal use is guilty of unlawful possession of marijuana in the second degree and is guilty of a Class A misdemeanor.

This bill would revise the crime of unlawful possession of marijuana in the second degree to require possession of one or more ounces but less than two ounces of marijuana and would revise the penalties for violations.

This bill would also create the crime of possession of marijuana in the third degree for possession of less than one ounce of marijuana and would provide that a first or second conviction would be a violation with applicable fines that would not appear on a person's criminal record and a third or subsequent offense would be a Class A misdemeanor.

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.

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Subjects

Crimes and Offenses