SB42 Alabama 2023 Session

Under existing law, a person commits the crime of unlawful possession of marijuana in the first degree if he or she possesses marijuana for other than personal use or possesses marijuana for personal use only after having been previously convicted of unlawful possession in the second degree or unlawful possession of marijuana for his or her personal use only

This bill would amend the crime of unlawful possession of marijuana in the first degree to provide that a person commits the crime if he or she possesses one or more ounces of marijuana and would prescribe new criminal penalties based on the number of prior violations

Under existing law, a person commits the crime of unlawful possession of marijuana in the second degree if he or she possesses marijuana for personal use only. Existing law also provides that the crime of unlawful possession of marijuana in the second degree is a Class A misdemeanor

This bill would amend the crime of unlawful possession of marijuana in the second degree to provide that a person commits the crime if he or she possesses less than one ounce of marijuana and would reduce the criminal penalty to a violation, punishable by a fine

SB42 INTRODUCED This bill would also provide that a person who is charged with, found not guilty of, or convicted of unlawful possession of marijuana in the first or second degree may have that charge, finding, or conviction expunged if he or she has not been convicted of a felony, misdemeanor, or violation, excluding minor traffic violations, within the last five years

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