HB407 Alabama 2022 Session

Summary

Primary Sponsor

Dexter Grimsley

Democrat

Session

Regular Session 2022

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 individual with felony to have felony offense reduced to a misdemeanor, Secs. 13A-12-213, 13A-12-214 am'd.

Summary

HB407 would remove the first-degree marijuana possession crime for people with a prior second-degree conviction, reorder where second-degree offenses are filed, allow felony-to-misdemeanor reductions, and address local funding rules under the Alabama Constitution.

What This Bill Does

HB407 eliminates the crime of possession of marijuana in the first degree for individuals who previously had a second-degree conviction. It requires any subsequent second-degree marijuana possession offense to be prosecuted in the district court in the county where the offense occurred. It also allows someone convicted of first-degree possession due to a prior second-degree conviction to ask a circuit court to reduce that felony to a misdemeanor. It notes local funding implications under the state constitution but provides exemptions so a local entity vote isn’t required, and it sets an effective date as the first day of the third month after passage and governor approval.

Who It Affects

• People who have previously been convicted of unlawful possession of marijuana in the second degree (and their ongoing or future possession cases): the first-degree crime would be eliminated for them, future second-degree offenses would be tried in district court, and some cases could be reduced from felony to misdemeanor.
• Local governments and taxpayers in Alabama: the bill involves new or increased local expenditures but includes constitutional exemptions; it also affects court jurisdiction for certain offenses.

Key Provisions

• Amends 13A-12-213 and 13A-12-214 to eliminate the crime of possession of marijuana in the first degree for personal use after a prior second-degree conviction and to require any subsequent second-degree possession offense to be prosecuted in the district court of the county where the offense occurred.
• Allows an individual convicted of possession of marijuana in the first degree (due to a prior second-degree conviction) to file a motion in circuit court to reduce the felony to a misdemeanor; the court would grant the reduction if criteria are met.
• Acknowledges that the bill would require a new or increased expenditure of local funds under Amendment 621/Section 111.05 of the Alabama Constitution, but it would not require local government approval or a 2/3 vote because of listed exceptions.
• Provides that the act becomes effective on the first day of the third month following passage and governor approval (or other lawmaking event).

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