SB226 Alabama 2016 Session

Under existing law, certain controlled substance analogues are included in Schedule I of the controlled substances list. Possession, distribution, and trafficking of these compounds are unlawful, and violations are subject to the existing criminal penalties for distribution and possession

This bill would add Mitragynine and Hydroxymitragynine, commonly known as Kratom or Vicazen, to Schedule I of the controlled substances list

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, 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

To amend Section 20-2-23, Code of Alabama 1975, as amended by Act 2015-316 and Act 2015-368, 2015 Regular Session, relating to Schedule I of the controlled substances list, to include additional controlled substances; 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 Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.