Singleton Pushes To Reform Alabama's Marijuana Possession Statutes

TUSCALOOSA, AL — A west Alabama lawmaker has filed a bill that aims to adjust the state's marijuana possession statutes and penalties for certain offenders.

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State Sen. Bobby Singleton, a Democrat from Greensboro who is a member of Tuscaloosa's legislative delegation, proposes amending the existing law 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.

If passed, Senate Bill 42 would also prescribe new criminal penalties to the offender based on the number of prior violations.

Additionally, the proposed measure calls for changes to the charge of possession of marijuana in the second degree, which would be amended to apply to offenders with has less than one ounce of marijuana in their possession. This statute would also reduce the criminal penalty to a violation punishable by a fine.

Singleton's bill, if passed, says that an individual 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 they have not been convicted of a felony, misdemeanor, or violation, excluding minor traffic violations, within the last five years.

At present, a person can be charged with unlawful possession of marijuana in the first degree if they possess marijuana for other than personal use or possessing marijuana for personal use after having been previously convicted of unlawful possession in the second degree.

In Alabama, possession of marijuana in the first degree is currently classified as a Class C felony and carries a potential penalty of up to 10 years in prison and a fine of up to $15,000. However some instances are classified as a Class D felony and can carry up to five years in prison and minimum of a year and one day.

Second degree unlawful possession of marijuana in Alabama is currently a Class A misdemeanor, although many cities, including Tuscaloosa, have opted to implement local statutes that provide for citations for low-level marijuana possession as opposed to automatic jail time.

Singleton's bill was first read on the Senate floor Tuesday and has been referred to the Senate Judiciary Committee, which Singleton serves on.

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