SB149 Alabama 2021 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Session

Regular Session 2021

Title

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

Summary

SB149 would overhaul Alabama's unlawful marijuana possession laws by setting two ounces as the threshold for first-degree possession with tiered penalties, making second-degree possession a fine-only offense under two ounces, and adding expungement options and local-funding considerations.

What This Bill Does

Redefines first-degree possession as two or more ounces, with penalties based on the number of prior violations within the last five years. Redefines second-degree possession as less than two ounces and moves to a fine-only penalty. Allows expungement of first- or second-degree charges, findings, or convictions if the person has not been convicted of any other felony, misdemeanor, or violation (excluding minor traffic violations) in the last five years. Notes local funding implications under Amendment 621 and clarifies that the bill is exempt from requiring a local-government 2/3 vote; sets an effective date.

Who It Affects

• Individuals charged with unlawful possession of marijuana in Alabama, with penalties tied to the amount possessed and the individual's prior marijuana-related convictions within the last five years.
• Individuals with marijuana convictions within the last five years or those seeking expungement of marijuana-related charges, findings, or convictions if they meet the eligibility criteria.

Key Provisions

• First-degree possession defined as two or more ounces of marijuana, with exceptions for authorized use and prior convictions.
• First-degree penalties: up to $250 fine for first conviction in five years, up to $500 for a second conviction in five years, and a Class C D felony with a fine up to $750 for third or subsequent convictions in five years.
• Second-degree possession defined as less than two ounces of marijuana for personal use, punishable by a fine up to $250 (no jail time).
• Expungement allows removal of charges, findings, or convictions for first- or second-degree possession if the person has no other felony, misdemeanor, or violation in the past five years.
• Acknowledges local funding implications and cites constitutional exceptions; effective date is the first day of the third month after passage and governor's approval.

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