HB490 Alabama 2021 Session

Under existing law, an individual commits the crime of possession of marijuana in the first degree if he or she possesses marijuana for his or her personal use after being previously convicted of unlawful possession of marijuana in the second degree

This bill would eliminate that provision and require any subsequent offense for possession of marijuana in the second degree to be prosecuted in the district court in the county where the offense occurred

This bill would also permit an individual who has been convicted of the crime of possession of marijuana in the first degree as a result of a prior conviction for unlawful possession of marijuana in the second degree to have the felony offense reduced to a misdemeanor

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, 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

Relating to crimes and offenses; to amend Sections 13A-12-213 and 13A-12-214, Code of Alabama 1975, to eliminate the crime of possession of marijuana in the first degree if an individual possesses marijuana for his or her personal use after being previously convicted of unlawful possession of marijuana in the second degree; to require any subsequent offense for possession of marijuana in the second degree to be prosecuted in the district court in the county where the offense occurred; to permit an individual who has been convicted of the crime of possession of marijuana in the first degree as a result of a prior conviction for unlawful possession of marijuana in the second degree to have the felony offense reduced to a misdemeanor; 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901.