HB490 Alabama 2021 Session

Updated Feb 22, 2026

Summary

Primary Sponsor: Dexter Grimsley
Democrat
Session: Regular Session 2021
Title: Crimes and offenses, to eliminate the crime of possession of marijuana in the first degree if the individual has previous conviction for marijuana in the second degree, provide for jurisdiction in the district court for subsequent possession of marijuana offenses, to permit an indivdual with felony to have felony offense reduced to a misdemeanor, Secs. 13A-12-213, 13A-12-214 am'd.
Summary: HB490 would remove the first-degree marijuana possession crime for personal use after a prior second-degree conviction, shift some second-degree cases to district court, and allow felony possession to be reduced to a misdemeanor.
What This Bill Does
If passed, the bill eliminates the first-degree possession offense that occurs after a prior second-degree conviction. Any subsequent possession of marijuana in the second degree would be prosecuted in the district court where the offense happened. It also allows someone convicted of first-degree possession (because of a prior second-degree conviction) to ask the circuit court to reduce their felony to a misdemeanor. The bill references local-funding rules but says it can take effect under existing exceptions without a local vote; it becomes law on the first day of the third month after governor approval.

Who It Affects
Individuals who have a prior unlawful possession of marijuana in the second degree who would otherwise face a first-degree possession charge for personal use (the offense would be eliminated for them).
Individuals convicted of possession of marijuana in the first degree as a result of a prior second-degree conviction who could seek a felony-to-misdemeanor reduction.
People charged with possession of marijuana in the second degree after a prior second-degree conviction, whose cases would be prosecuted in district court in the county where the offense occurred.
Local governments and funding authorities, due to potential new or increased local expenditures, though the bill would rely on exceptions to avoid requiring a 2/3 vote or local approval.

Key Provisions
Eliminate the crime of possession of marijuana in the first degree for personal use after a prior unlawful possession of marijuana in the second degree.
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.
Authorize a person convicted of possession of marijuana in the first degree (because of a prior second-degree conviction) to file a motion to have the felony offense reduced to a misdemeanor in the circuit court of the county of conviction.
Amend Sections 13A-12-213 and 13A-12-214 to implement these changes and address the related constitutional funding provisions (Amendment 621/Section 111.05).
Effective date: the act takes effect on the first day of the third month after governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes and Offenses