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AL SB42
Bill
Status
3/7/2023
Primary Sponsor
Bobby Singleton
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AI Summary
SB42 Summary
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Amends Alabama Code sections 13A-12-213 and 13A-12-214 to redefine marijuana possession crimes based on quantity: possession of one or more ounces constitutes first-degree offense, while possession of less than one ounce constitutes second-degree offense.
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First-degree possession penalties are based on prior convictions within five years: first conviction is a Class C misdemeanor with fine up to $250, second conviction is a Class C misdemeanor with fine up to $500, and third or subsequent conviction is a Class D felony with fine up to $750.
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Reduces second-degree possession from a Class A misdemeanor to a violation punishable by a fine not exceeding $200, and prohibits additional drug paraphernalia charges for violations of this section alone.
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Allows persons charged with, found not guilty of, or convicted of either degree of marijuana possession to petition for expungement of records if they have not been convicted of any other felony, misdemeanor, or violation (excluding minor traffic violations) during the previous five years.
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Effective on the first day of the third month following passage and gubernatorial approval.
Legislative Description
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.
Last Action
Introduced and Referred to Senate Judiciary
3/7/2023