SB321 Alabama 2024 Session

Summary

Primary Sponsor

Will BarfootSenator

Republican

Session

Regular Session 2024

Title

Crimes and offenses; unlawful distribution of a controlled substance further provided for; sentence enhancement for unlawful sale of a controlled substance amended; unlawful distribution of marijuana created and penalties established

Summary

SB321 changes how distribution of drugs is punished: it treats selling drugs as a violent offense (not part of standard sentencing guidelines), excludes marijuana from the current unlawful distribution rule, creates a new unlawful distribution of marijuana crime, and adds potential five-year penalties for distributions near schools or public housing.

What This Bill Does

It distinguishes unlawful sale of a controlled substance from furnishing or delivering, making sale a violent offense not subject to presumptive sentencing guidelines. It removes marijuana from the unlawful distribution of controlled substances statute and creates a new crime with its own penalties for unlawful distribution of marijuana. It allows judges to impose an extra five-year sentence if the distribution occurred on or near a school campus or within three miles of a public housing project. It also includes non-substantive updates to current code language and sets an effective date of October 1, 2024.

Who It Affects

• Offenders convicted of unlawful distribution of controlled substances (excluding marijuana) — sentencing could treat unlawful sale as a violent offense, not bound by presumptive guidelines.
• Offenders convicted of unlawful distribution of marijuana — new crime with its own penalties (Class B felony).
• Cases involving distribution on or near school campuses or near public housing — potential additional five-year penalty at the judge’s discretion.
• Judges, the Alabama Sentencing Commission, and corrections and parole authorities — responsible for applying the new sentencing rules and penalties.
• Public schools and housing authorities — impacts from enhanced penalties and enforcement in their zones.

Key Provisions

• Differentiates unlawful sale of a controlled substance from furnishing, giving away, or delivering; unlawful sale is a violent offense not subject to presumptive sentencing guidelines.
• Excludes marijuana from the unlawful distribution of controlled substances statute and creates unlawful distribution of marijuana with penalties (Class B felony).
• Authorizes a judge to impose an additional five-year penalty if the distribution occurred on or near a school campus or within a three-mile radius of a public housing project (instead of mandatory imposition).
• Maintains unlawful distribution of a controlled substance as a Class B felony and sets specific five-year penalties for unlawful sale near campuses or housing; adds a separate penalty framework for marijuana distribution.
• Effective date October 1, 2024, with nonsubstantive technical revisions to update language.

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 & Offenses