AL SB42

Amends Alabama Code Sections 13A-12-213 and 13A-12-214 to redefine unlawful possession of marijuana crimes based on quantity: first degree applies to possession of one or more ounces, second degree applies to possession of less than one ounce.

Changes first-degree marijuana possession penalties to fines only ($250 for first conviction, $500 for second, $750 for third or subsequent conviction within five years), eliminating imprisonment for this offense.

Reduces second-degree marijuana possession from a Class A misdemeanor to a violation punishable by a fine not to exceed $200, and prohibits charging this violation with paraphernalia charges under Section 13A-12-260.

Allows persons charged with, found not guilty of, or convicted of either first or second-degree marijuana possession to petition for expungement if they have not been convicted of any other felony, misdemeanor, or violation (excluding minor traffic violations) within the previous five years.

Takes effect October 1, 2024, and is exempt from local funding requirements under Alabama Constitution Section 111.05 because it defines a new crime or amends an existing crime definition.