Crimes and offenses; unlawful possession of marijuana; crime revised based on amount of ounces possessed; criminal penalties revised
Summary
SB50 revises Alabama’s marijuana possession offenses by shifting the first- and second-degree unlawful possession statutes from a personal-use framework to an amount-based framework. Under the bill, possession of one ounce or more of marijuana would be unlawful possession in the first degree, while possession of less than one ounce would be unlawful possession in the second degree. The bill also replaces the current penalty structure with new, lower-level penalties tied to the number of prior violations for first-degree possession and makes second-degree possession a fine-only violation.
The bill also creates an expungement path for people charged with, found not guilty of, or convicted of either offense, so long as they have had no felony, misdemeanor, or violation convictions other than minor traffic violations in the prior five years. The act would take effect October 1, 2025. In addition, fines collected under either section would continue to go to the State General Fund.
Impact
SB50 would amend Sections 13A-12-213 and 13A-12-214 of the Code of Alabama 1975, changing the legal elements of marijuana possession offenses and reducing the severity of punishment for lower-level possession. It would convert second-degree possession from a Class A misdemeanor to a violation punishable only by a fine, and it would establish a new graduated penalty scheme for first-degree possession based on repeat violations. The bill also expands access to expungement for qualifying charges, acquittals, and convictions, which could affect criminal records, court administration, and collateral consequences for affected individuals.
Sentiment
The available record shows no committee transcript and no recorded votes, so there is no documented debate to indicate strong support or opposition. Based on the bill text, the measure appears reform-oriented, focusing on reduced penalties and record relief for marijuana possession. Its structure suggests an effort to decriminalize lower-level possession and limit criminal justice consequences for qualifying individuals.
Contention
The main points of potential contention are the bill’s reduction of penalties for marijuana possession, the shift from a personal-use standard to an ounce-based threshold, and the expungement provisions. Supporters would likely emphasize reduced criminalization, proportional penalties, and relief from past convictions, while opponents may object to loosening marijuana enforcement, changing existing drug policy, or the broader implications of expungement eligibility. The bill also raises possible questions about how the new ounce thresholds and repeat-offense penalties would be applied in practice.