SB267 Alabama 2020 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Session

Regular Session 2020

Title

Crimes and offenses, unlawful possession of marijuana, crime revised, Secs. 13A-12-213, 13A-12-214 am'd.

Summary

SB267 overhauls unlawful marijuana possession laws by raising the first-degree threshold to 2 ounces, creating a tiered penalty system based on prior offenses, making possession under 2 ounces a fines-only second-degree offense, and adding expungement options for eligible offenders.

What This Bill Does

It defines first-degree possession as 2 ounces or more of marijuana, for either non-personal use or personal use after a prior conviction. It creates escalating penalties for first-degree possession: a first conviction within five years is a Class C misdemeanor with a fine up to $250; a second conviction within five years is a Class C misdemeanor with a fine up to $500; a third or subsequent conviction within five years is a Class C D felony with a fine up to $750. It changes second-degree possession to cover only cases of less than 2 ounces for personal use, with a penalty of a Class A misdemeanor and a fine up to $250. It adds an expungement option allowing someone charged, found not guilty, or convicted of first- or second-degree possession to petition for expungement if they have no other felony, misdemeanor, or violation in the previous five years.

Who It Affects

• Individuals who possess marijuana in Alabama, with penalties varying by amount (2 ounces or more vs. less than 2 ounces) and by their history of prior offenses within the last five years.
• People who have had a charge, finding, or conviction of unlawful possession of marijuana in the first or second degree and who meet the five-year clean-record requirement may request expungement.

Key Provisions

• First-degree possession defined as 2 ounces or more of marijuana, applicable when the possession is for other than personal use or for personal use after a prior conviction.
• Penalties for first-degree possession: 1st conviction within 5 years = Class C misdemeanor (fine up to $250); 2nd within 5 years = Class C misdemeanor (fine up to $500); 3rd or subsequent within 5 years = Class C D felony (fine up to $750).
• Second-degree possession defined as less than 2 ounces for personal use only; penalty = Class A misdemeanor (fine up to $250).
• Expungement available for those charged, found not guilty, or convicted of first- or second-degree possession if no other felony/misdemeanor/violation in the past five years; expungement processed under existing rules.
• Fines and forfeitures collected are deposited into the State General Fund.
• The bill notes a local-fund expenditure consideration under Amendment 621 but is exempt from those requirements because it defines a new crime or amends an existing crime.
• Effective date: the act becomes law on the first day of the third month after the governor signs it.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses