Senate Bill 285 Alabama 2026 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Session

2026 Regular Session

Title

Crimes and offenses; unlawful possession of marijuana; crime revised based on amount of ounces possessed; criminal penalties revised

Summary

SB285 would rewrite Alabama’s unlawful marijuana possession laws, creating a first-degree offense for ounce-or-more possession with tiered penalties, making small-amount possession a fine-only offense, and adding a five-year expungement option.

What This Bill Does

It creates a new first-degree offense for possessing one ounce or more of marijuana, with penalties that depend on how many prior offenses occur within the last five years (first conviction within five years: Class C misdemeanor with a fine up to $250; second within five years: Class C misdemeanor with a fine up to $500; third or subsequent within five years: Class D felony with a fine up to $750). It also revises the second-degree offense so that possessing less than one ounce for personal use would be a simple violation, punishable only by a fine (up to $200). The bill adds an expungement option for someone charged with, found not guilty of, or convicted of first- or second-degree marijuana possession if they have not been convicted of any felony, misdemeanor, or violation in the last five years (excluding minor traffic violations). It would become effective October 1, 2026.

Who It Affects

• Individuals charged with or convicted of unlawful possession of marijuana (first or second degree) in Alabama, with penalties that depend on ounce amount and prior five-year offenses.
• People who have or may have records related to these offenses and seek expungement under the five-year look-back rules (if they have no other felony/misdemeanor/violation in past five years).

Key Provisions

• Creates unlawful possession of marijuana in the first degree for possessing one ounce or more; penalties tiered by number of prior offenses in the last five years (1st within 5 years: Class C Misdemeanor, up to $250; 2nd within 5 years: Class C Misdemeanor, up to $500; 3rd+ within 5 years: Class D Felony, up to $750).
• Reduces unlawful possession of marijuana in the second degree to a simple violation (less than one ounce) with a fine (up to $200) instead of a criminal misdemeanor.
• Provides expungement for charges/findings/convictions of first- or second-degree offenses if the person has no felony, misdemeanor, or violation in the last five years (excluding minor traffic).
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses