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SB285 INTRODUCED
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SB285
V7RKQVP-1
By Senator Singleton
RFD: Judiciary
First Read: 10-Feb-26
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V7RKQVP-1 02/05/2026 CMH (L)CMH 2026-734
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First Read: 10-Feb-26
SYNOPSIS:
Under existing law, a person commits the crime
of unlawful possession of marijuana in the first degree
if he or she possesses marijuana for other than
personal use or possesses marijuana for personal use
only after having been previously convicted of unlawful
possession in the second degree or unlawful possession
of marijuana for his or her personal use only.
This bill would amend the crime of unlawful
possession of marijuana in the first degree to provide
that a person commits the crime if he or she possesses
one or more ounces of marijuana and would prescribe new
criminal penalties based on the number of prior
violations.
Under existing law, a person commits the crime
of unlawful possession of marijuana in the second
degree if he or she possesses marijuana for personal
use only. Existing law also provides that the crime of
unlawful possession of marijuana in the second degree
is a Class A misdemeanor.
This bill would amend the crime of unlawful
possession of marijuana in the second degree to provide
that a person commits the crime if he or she possesses
less than one ounce of marijuana and would reduce the
criminal penalty to a violation, punishable by a fine.
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criminal penalty to a violation, punishable by a fine.
This bill would also provide that a person who
is charged with, found not guilty of, or convicted of
unlawful possession of marijuana in the first or second
degree may have that charge, finding, or conviction
expunged if he or she has not been convicted of a
felony, misdemeanor, or violation, excluding minor
traffic violations, within the last five years.
A BILL
TO BE ENTITLED
AN ACT
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; and to provide for expungement of a charge,
finding, or conviction, under certain conditions.
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 he or she
possesses one or more ounces of marijuana , except as otherwise
authorized:
(1) He or she possesses marihuana for other than
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(1) He or she possesses marihuana 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. is punishable as follows:
(1) Upon a first conviction of this section within the
preceding five years, the person is guilty of a Class C
misdemeanor, punishable only by a fine not to exceed two
hundred fifty dollars ($250).
(2) Upon a second conviction of this section within the
preceding five years, the person is guilty of a Class C
misdemeanor, punishable only by a fine not to exceed five
hundred dollars ($500).
(3) Upon a third or subsequent conviction of this
section within the preceding five years, the person is guilty
of a Class D felony, punishable only by a fine not to exceed
seven hundred fifty dollars ($750)
(c) Unlawful possession of marihuana in the first
degree pursuant to subdivision (2) of subsection (a) is a
Class D felony. All fines and forfeitures collected upon
conviction or upon forfeiture of bail of any person charged
with a violation of this section shall be deposited into the
State Treasury to the credit of the State General Fund.
(d) Notwithstanding Chapter 27 of Title 15, a person
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(d) Notwithstanding Chapter 27 of Title 15, a person
who has been charged with, found not guilty of, or convicted
of violating this section may file a petition in the criminal
division of any circuit court to expunge records related to
the charge, finding, or conviction when the person has not
been convicted of any other felony, misdemeanor, or violation,
excluding minor traffic violations, during the previous five
years. Upon the granting of a petition, the court shall order
the expungement of all records of the person as provided in
Section 15-27-6. "
"§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 less than one ounce of marijuana .
(b) Unlawful possession of marihuana marijuana in the
second degree is a Class A misdemeanor violation punishable
only by a fine not to exceed two hundred dollars ($200) .
(c) A violation of this section alone shall not be
accompanied by a charge pursuant to Section 13A-12-260.
(d) All fines and forfeitures collected upon conviction
or upon forfeiture of bail of any person charged with a
violation of this section shall be deposited into the State
Treasury to the credit of the State General Fund.
(e) Notwithstanding Chapter 27 of Title 15, a person
who has been charged with, found not guilty of, or convicted
of violating this section may file a petition in the criminal
division of any circuit court to expunge records related to
the charge, finding, or conviction when the person has not
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the charge, finding, or conviction when the person has not
been convicted of any other felony, misdemeanor, or violation,
excluding minor traffic violations, during the previous five
years. Upon the granting of a petition, the court shall order
the expungement of all records of the person as provided in
Section 15-27-6. "
Section 2. This act shall become effective on October
1, 2026.
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