SB160 Alabama 2022 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Session

Regular Session 2022

Title

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

Summary

SB160 rewrites Alabama's marijuana possession laws by setting two ounces as first-degree possession, adjusting penalties based on prior offenses, adding expungement options, and clarifying local-funding rules.

What This Bill Does

It defines first-degree unlawful possession of marijuana as possessing two or more ounces, with penalties that escalate: 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, and a third or subsequent conviction within five years is a Class C D felony with a fine up to $750. It defines second-degree possession as possession of less than two ounces for personal use only, punished as a Class A misdemeanor with a fine up to $250. It adds an expungement option allowing a charge, finding, or conviction for first- or second-degree possession to be expunged if the person has not been convicted of any felony, misdemeanor, or violation (excluding minor traffic violations) in the last five years. It also states the bill is exempt from certain local-funding requirements because it creates or amends a crime, and it becomes effective on the first day of the third month after the Governor signs it.

Who It Affects

• Individuals charged with unlawful possession of marijuana in Alabama, as the threshold for first-degree possession is increased to two ounces and penalties depend on prior five-year offenses.
• Individuals who have been charged, found not guilty, or convicted of first- or second-degree possession and meet the five-year clean-record requirement, who may seek expungement of those records.

Key Provisions

• First-degree possession defined as two or more ounces of marijuana, with two applicability paths: for possession other than personal use, or for personal use only after prior convictions for unlawful possession in the second degree or for personal use only.
• Penalty schedule for first-degree possession: Class C misdemeanor with fine up to $250 for a first conviction within five years; Class C misdemeanor with fine up to $500 for a second conviction within five years; Class C D felony with fine up to $750 for a third or subsequent conviction within five years.
• Second-degree possession defined as less than two ounces for personal use only, punishable as a Class A misdemeanor with a fine up to $250.
• Expungement provision allowing charges, findings, or convictions for first- or second-degree possession to be expunged if the person has no other felony, misdemeanor, or violation (excluding minor traffic violations) in the previous five years, with court-ordered expungement per existing law.
• Constitutional exemption: the bill is deemed excluded from Amendment 621 local-funding requirements because it defines a new crime or amends an existing one.
• 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 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses