Decrim
SB42
Reduces penalties for simple possession of cannabis & expungements.
Full text: Senate Bill 42
SB42 proposes changes to marijuana possession laws in Alabama. Under the bill, unlawful possession in the second degree, involving possession of less than one ounce, is considered a violation punishable by a fine not exceeding $200. Unlawful possession in the first degree is defined as possessing one or more ounces of marijuana, with penalties ranging from a Class C misdemeanor to a Class D felony based on prior convictions within a five-year period. The legislation introduces a provision for expungement under certain conditions. Fines collected from convictions or bail forfeitures for second-degree offenses contribute to the State General Fund. The bill addresses potential local expenditures and claims an exception under the Alabama Constitution. If enacted, the law would take effect on October 1, 2024.
Unlawful possession in the first degree involves having one or more ounces of marijuana:
- Penalties:
- First conviction within the preceding five years results in a Class C misdemeanor, fined up to $250.
- Second conviction within the preceding five years is a Class C misdemeanor, fined up to $500.
- Third or subsequent conviction within the preceding five years becomes a Class D felony, fined up to $750.
- Expungements: Individuals meeting criteria can petition for expungement in the criminal division of any circuit court if not convicted of any other felony, misdemeanor, or violation (excluding minor traffic violations) in the previous five years. Upon approval, the court expunges all related records as provided in Section 15-27-6.
Unlawful possession in the second degree applies to having less than one ounce of marijuana.
- Penalties:
- Violation punishable by a fine not exceeding $200.
- The violation alone does not result in additional charges under Section 13A-12-260..
- Expungements: Individuals charged can petition for expungement in the criminal division of any circuit court if not convicted of any other felony, misdemeanor, or violation (excluding minor traffic violations) in the previous five years. Upon approval, the court expunges all related records as provided in Section 15-27-6.
Sponsor: Sen. Bobby Singleton (D)
Read: 2/6/24
Current Status: Pending Committee Action in House of Origin
criminalization
HB321
Sentence enhancement for unlawful sale of a controlled substance amended; unlawful distribution of marijuana created and penalties established.
Full text: House Bill 321
Senate Bill SB321 aims to amend existing laws related to the distribution of controlled substances. It proposes to classify unlawful selling of controlled substances as a violent offense, thereby excluding it from presumptive sentencing guidelines.
Notably, marijuana is removed from the category of controlled substances for unlawful distribution, creating a separate offense for its distribution. The bill also adjusts penalties related to distribution near school campuses or public housing projects, giving judges discretion in imposing additional penalties. Lastly, the bill includes technical revisions to update the language of existing statutes.
Section 13A-12-211.1 is added to the Code of Alabama 1975, to read as follows:
§13A-12-211.1
(a) A person commits the crime of unlawful distribution of marijuana if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes marijuana.
(b) Unlawful distribution of marijuana is a Class B felony.
Sponsor: Sen. Will Barfoot (R)
First Read: 4/11/24
Current Status: Read for the second time and placed on the calendar
Medical
hB390
Aims to centralize regulation of medical cannabis cultivation under the Alabama Medical Cannabis Commission, streamlining oversight and enforcement.
Full text: House Bill 390
Title: Alabama Medical Cannabis Commission; primary responsibility over regulation, licensing, and enforcement of cannabis cultivation authorized
Summary: HB390 aims to amend existing law related to the regulation of medical cannabis in Alabama. Currently, the Alabama Medical Cannabis Commission oversees the processing and dispensing of medical cannabis, while the Alabama Department of Agriculture and Industries shares responsibility for regulating cannabis cultivation.
HB390 proposes to assign the regulation, licensing, and enforcement of cannabis cultivation exclusively to the Alabama Medical Cannabis Commission. It mandates cooperation between the Alabama Department of Agriculture and Industries and the commission for carrying out these functions.
In essence, the bill seeks to consolidate oversight of all aspects of medical cannabis, including cultivation, under the Alabama Medical Cannabis Commission. If enacted, the law would take effect on October 1, 2024.
Sponsor: Rep. Danny Crawford (R)
First Read: 04/02/2024
Current Status: PASSED by House of Origin
Origin: House of Representatives
Full text: House Bill 390
Medical
SB276
Expands Alabama's medical cannabis licensing, introducing mandatory issuance and addressing license procedures.
Full text: Senate Bill 276
Title: Alabama Medical Cannabis Commission; number of licenses issued by commission revised; certain licensure determinations by commission ratified and confirmed; administrative adjudicatory process for awarding additional licenses provided
Summary: SB 276 proposes significant amendments to Alabama's medical cannabis licensing system, increasing the number of licenses issued by the Alabama Medical Cannabis Commission for processors, dispensaries, and integrated facilities while making issuance of these licenses mandatory. The bill proposes expanding the Alabama Medical Cannabis Commission's licensing authority to six processor licenses, seven dispensary licenses, and fifteen integrated facility licenses. Additionally, the bill aims to address issues related to license rescission and denial, requiring the commission to reissue licenses to some applicants, and establishes requirements and guidelines for awarding additional licenses, along with an administrative adjudicatory and appeals process for aggrieved applicants. If enacted, the law would take effect on October 1, 2024.
Sponsor: Senator David Sessions (R), Senator Tim Melson (R)
Read: 4/2/24
Current Status: Read Second Time in House of Origin
Medical
SB306
Shifts the responsibility for regulating, licensing, and enforcing cultivation to the Alabama Medical Cannabis Commission, outlines a three-step process for facility licenses, and prohibits the transfer of licenses.
Full text: Senate Bill 306
SB306 in Alabama proposes significant changes to the regulation of medical cannabis. It shifts the responsibility for regulating, licensing, and enforcing cultivation from the Alabama Department of Agriculture and Industries to the Alabama Medical Cannabis Commission. This change necessitates cooperation between the two entities.
The bill outlines a three-step process for awarding integrated facility licenses, which cover the cultivation, processing, and dispensing of medical cannabis. Firstly, a panel appointed by the Alabama Securities Commission assesses applicants' basic eligibility. Secondly, the panel evaluates the readiness of cultivation and dispensing operations for potential licensees. Finally, the Alabama Medical Cannabis Commission members score remaining applicants based on various criteria to determine license recipients.
Moreover, SB306 specifies eligibility requirements for integrated facility licenses and prohibits the transfer of such licenses, a departure from existing regulations that allow license transfers in certain situations. These proposed changes aim to streamline the licensing process and ensure tighter control over the cultivation and distribution of medical cannabis in Alabama.
Sponsor: Senator Tim Melson (R)
Read: 4/9/24
Current Status: Read for the second time and placed on the calendar