197827-1:n:03/12/2019:CMH/tj LSA2019-820




SB98
By Senator Singleton
RFD Judiciary
Rd 1 19-MAR-19


SYNOPSIS: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.

A BILL
TO BE ENTITLED
AN ACT

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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Sections 13A-12-213 and 13A-12-214, Code of Alabama 1975, are amended to read as follows:

13A-12-213.

"(a) A person commits the crime of unlawful possession of marihuana marijuana in the first degree if, except as otherwise authorized:,

"(1) He he or she possesses marihuana two or more ounces of marijuana. for other than personal use; or

"(2) He or she possesses marihuana for his or her personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his or her personal use only.

"(b) Unlawful possession of marihuana marijuana in the first degree pursuant to subdivision (1) of subsection (a) is a Class C felony.

"(c) Unlawful possession of marihuana in the first degree pursuant to subdivision (2) of subsection (a) is a Class D felony.

13A-12-214.

"(a) A person commits the crime of unlawful possession of marihuana marijuana in the second degree if, except as otherwise authorized, he or she possesses marihuana for his personal use only one or more ounces but less than two ounces of marijuana.

"(b) Unlawful possession of marihuana marijuana in the second degree is a Class A misdemeanor Class D felony."

Section 2. Sections 13A-12-214.4 and 13A-12-214.5 are added to the Code of Alabama 1975, to read as follows:

13A-12-214.4.

(a) A person commits the crime of unlawful possession of marijuana in the third degree if, except as otherwise authorized, he or she possesses less than one ounce of marijuana.

(b) Notwithstanding Section 13A-5-12:

(1) A first or second offense of unlawful possession of marijuana in the third degree is a violation punishable only by a fine not to exceed two hundred fifty dollars ($250).

(2) A third or subsequent offense of unlawful possession of marijuana in the third degree is a violation punishable only by a fine not to exceed five hundred dollars ($500).

(c) This section does not apply to edible derivatives of a cannabis plant such as foods, drinks, and candies.

(d) A violation of this section alone shall not be accompanied by a charge pursuant to Section 13A-12-260.

13A-12-214.5.

Nothing in Section 13A-12-214 or 13A-12-214.4 shall apply to possession or use of Cannabidiol (CBD) as authorized under Section 13A-12-214.2 or Section 13A-12-214.3.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Crimes and Offenses
Criminal Law and Procedure
Marijuana
Law Enforcement
Drugs
Code Amended
Code Added