Alabama lawmakers will again consider reducing the criminal penalty for marijuana possession, an idea they have looked at for years but have not passed.
A Senate committee will consider the bill by Senate Minority Leader Bobby Singleton, D-Greensboro on Wednesday.
First-degree possession of marijuana is a felony under Alabama law. A person can be charged with first-degree possession in two ways:
- If they have marijuana for “other than personal use,” they can be charged with a Class C felony. The law does not mention any specific quantity.
- If they have marijuana for personal use after a previous conviction of possession for personal use, they can be charged with a Class D felony.
Second-degree possession is a Class A misdemeanor. A person is charged with second-degree possession if they have marijuana for personal use.
Singleton’s bill would change the definition and penalties of both first- and second-degree possession. Fines would be the only punishment.
First-degree would apply if a person had two or more ounces of marijuana. On a first conviction, the fine would be up to $250. On a second, the fine would be up to $500. In both cases, it would be a Class C misdemeanor.
On a third conviction of two ounces or more, the person would be charged with a Class D felony and could be fined up to $750.
Second-degree possession would apply for any quantities less than two ounces. It would be a violation punishable by a fine up to $250.
Singleton’s bill also says that anyone with a conviction for first-degree or second-degree possession could have that record expunged after a period of five years without any other crimes.
The Senate Judiciary Committee is scheduled to take up Singleton’s bill at its meeting at 8:30 a.m. on Wednesday.
Last year, the committee approved the bill but it died without a vote in the Senate.
Be the first to comment