Alabama Senate Bill SB42

Alabama 2023 Regular Session

• Introduced: 3/7/23
• Refer: 3/7/23

Caption

Relating to crimes and offenses; to amend Sections 13A-12-213 and 13A-12-214, Code of Alabama 1975, to provide further for the crimes of unlawful possession of marijuana in the first and second degrees; to revise the criminal penalties; to provide for expungement of a charge, finding, or conviction, under certain conditions; 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 Section 111.05 of the Constitution of Alabama of 2022.

Impact

The proposed bill alters the criminal penalties associated with marijuana possession. Under SB42, the penalties for unlawful possession in the first degree would be tiered according to the number of prior violations, resulting in fines that range from $250 for first offenses to $750 for third or subsequent offenses. For those charged with possession of less than an ounce, the bill lowers the charge to a violation that results only in a fine of up to $200. Moreover, individuals who are charged or convicted can seek expungement of their records after five years, provided they haven't had any other convictions during that time, which could have far-reaching implications for individuals with prior marijuana-related offenses.

Summary

SB42 introduces significant amendments to the existing laws regarding unlawful possession of marijuana in Alabama. The bill redefines unlawful possession in the first and second degrees, specifically categorizing possession based on the quantity of marijuana. If a person possesses one or more ounces, it constitutes unlawful possession in the first degree, while possessing less than one ounce will now be defined as unlawful possession in the second degree, reducing the classification of offense. The proposed changes aim to simplify the legal consequences associated with marijuana possession.

Contention

As with any changes to drug policy, SB42 presents points of contention among lawmakers and stakeholders. Supporters argue that it offers a more equitable approach to marijuana possession laws, reducing the burden on individuals and allowing for legal relief through expungement. Critics, however, may express concerns about the potential increased prevalence of marijuana use and its social implications. Furthermore, the bill's requirement for local jurisdictions to absorb any additional costs related to its enactment without requiring a 2/3 vote may also spark debate regarding local government autonomy and fiscal responsibilities.