SB42 Alabama 2023 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Sections 13A-12-213 and 13A-12-214, Code of Alabama 1975, to provide further for the crimes of unlawful possession of marijuana in the first and second degrees; to revise the criminal penalties; to provide for expungement of a charge, finding, or conviction, under certain conditions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

SB42 rewrites Alabama’s marijuana possession laws by making possession of one or more ounces a first-degree offense with escalating penalties based on prior offenses, while reducing penalties for possession under one ounce to a simple fine, and adding a path to expungement.

What This Bill Does

It defines first-degree possession as having one or more ounces, with penalties that increase based on the number of prior offenses within five years. It lowers second-degree possession (less than one ounce for personal use) to a violation punishable only by a fine. It adds an expungement option for those charged, found not guilty, or convicted of either degree if they have had no felony, misdemeanor, or violation in the last five years (excluding minor traffic violations). It notes the local-fund expenditure implications are exempt from certain constitutional requirements because the bill defines a new crime or amends an existing one.

Who It Affects

• Individuals who possess marijuana: those with one or more ounces could face first-degree charges with escalating fines or felonies based on prior five-year violations; those with less than one ounce could face a simple fine under the second-degree provisions; eligible individuals may seek expungement.
• Local governments and courts: the changes affect how records are expunged and how fines are collected and directed, with a note that local-fund expenditure requirements are exempt under the constitutional rule.

Key Provisions

• Defines unlawful possession of marijuana in the first degree as possessing one or more ounces, with penalties tiered by prior five-year convictions: first conviction within five years = Class C misdemeanor with fine up to $250; second conviction within five years = Class C misdemeanor with fine up to $500; third or subsequent conviction within five years = Class CD felony with fine up to $750.
• Defines unlawful possession of marijuana in the second degree as possessing less than one ounce for personal use, punishable as a violation by a fine not exceeding $200.
• Allows expungement of charges, findings, or convictions for first or second-degree possession if the person has not been convicted of any felony, misdemeanor, or violation (excluding minor traffic) in the prior five years, with court-ordered expungement as provided by related statutes.
• All fines and forfeitures collected from these offenses go to the State General Fund; the bill acknowledges local-fund considerations but is exempt from the broader constitutional requirement for local-fund expenditures because it defines a new crime or amends an existing one.
• Effective date: the act becomes effective on the first day of the third month after passage and approval by the Governor.

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