HB1 Alabama 2023 Session

Under existing law, there is a mandatory sentencing scheme in place which includes mandatory terms of imprisonment and fines for any person who knowingly sells, manufactures, delivers, or is in possession of various controlled substances. The terms of imprisonment and fines are determined by the weight of the controlled substance involved in the offense

Under existing law, a person who knowingly sells, manufactures, delivers, or is in possession of four or more grams of any mixture containing Fentanyl, or any synthetic controlled substance Fentanyl analogue, is subject to various mandatory terms of imprisonment and fines

Existing law provides only for fines concerning the unlawful sale, manufacture, delivery, or possession of Fentanyl as a single component

This bill would provide for mandatory terms of imprisonment for a person who engages in the unlawful sale, manufacture, delivery, or possession of one or more grams of Fentanyl as a single component

This bill would also impose additional criminal penalties for subsequent violations

Section 111.05 of the Constitution of Alabama of 2022, 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