SB98 Alabama 2019 Session

Under existing law, a person convicted of possessing marijuana for other than personal use is guilty of unlawful possession of marijuana in the first degree and is guilty of a Class C felony

Under existing law, a person convicted of unlawful possession of marijuana for personal use after having previously been convicted of unlawful possession of marijuana in the second degree or unlawful possession of marijuana for his or her personal use only is guilty of unlawful possession of marijuana in the first degree and is guilty of a Class D felony

This bill would revise the crime of unlawful possession of marijuana in the first degree to require possession of two or more ounces of marijuana and would revise the penalties for violations

Also under existing law, a person who possesses marijuana for his or her personal use is guilty of unlawful possession of marijuana in the second degree and is guilty of a Class A misdemeanor

This bill would revise the crime of unlawful possession of marijuana in the second degree to require possession of one or more ounces but less than two ounces of marijuana and would revise the penalties for violations

This bill would also create the crime of possession of marijuana in the third degree for possession of less than one ounce of marijuana and would provide that a first or second conviction would be a violation with applicable fines that would not appear on a person's criminal record and a third or subsequent offense would be a Class A misdemeanor

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

Relating to the unlawful possession of marijuana; to amend Section 13A-12-213 and Section 13A-12-214, Code of Alabama 1975, to revise elements and criminal penalties of the crimes of unlawful possession of marijuana in the first and second degrees; to add Sections 13A-12-214.4 and 13A-12-214.5 to the Code of Alabama 1975, to provide for the crime of unlawful possession of marijuana in the third degree; 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.