Alabama Bill Would Do Away With Archaic Cannabis Possession Laws

In the conservative Deep South, one state stands above the rest when it comes to punishing cannabis users.

In Alabama, possession of marijuana — any quantity — is still considered a felony crime in many circumstances, punishable by several years in prison. In a somewhat contradictory law, “second-degree possession,” defined as possessing marijuana strictly for personal use, is still a Class A misdemeanor.

On Wednesday, Alabama’s Republican-controlled legislature will consider a new bill that would bring the Yellowhammer State more up to date on cannabis with the rest of the country.

Senate Bill 160, sponsored by Senate Minority Leader Bobby Singleton, would clarify definitions for first- and second- degree possessions, while also reducing the penalties of both crimes to misdemeanor fines.

According to the bill, first-degree possession would be re-defined to signify a person having two or more ounces of marijuana. A $250 fine would await first-time offenders, and a $500 fine would be handed out on the second offense. Only on a third penalty for possession of two ounces of cannabis or more would a person be charged with a Class D felony crime and pay a fine of up to $750.

Second-degree possession charges, punishable by a maximum $250 fine, would apply for possession of any quantity less than two ounces.

Singleton’s bill also provides a pathway for Alabama residents previously convicted of first-degree or second-degree possession crimes to have record of those crimes expunged. Unlike in many states, where the expungements would be automatic after the bill’s passing, Alabama’s policy would require former marijuana convicts to spend five years without committing any other crimes before their old cannabis crimes could be removed from their records.

Alabama’s Senate Judiciary Committee will hear SB160 bill during a scheduled meeting on Wednesday morning. The same committee approved a similar bill last year, but the Republican-controlled Senate did not end up voting on it.

Asked if there’s any reason to expect different results this year, a spokeswoman for Singleton pointed to expanding nationwide acceptance of the plant, even among states in the Deep South.

Alabama last year became the 36th state to legalize medical cannabis, but is one of 15 states to still jail residents for illegal possession.