Alabama Senate Committee Approves Cannabis Decriminalization Bill |

An Alabama Senate committee has approved a bill to decriminalize small-amount cannabis possession and vacate convictions for prior cannabis-related offenses. The measure, Senate Bill 160, was approved Wednesday by the Senate Judiciary Committee by a vote of 5 to 4.

The bill by Democratic Senate Minority Leader Bobby Singleton would decriminalize possession of less than two ounces of cannabis and remove the threat of imprisonment for such offenses. Instead, possession of less than two ounces of cannabis would be an offense punishable by a fine of no more than $250.

Possession of more than two ounces of cannabis would be a misdemeanor punishable by a fine of up to $250 on the first offence. A second conviction would also be a misdemeanor with a maximum fine of $500, while a third charge would be classified as a felony punishable by a fine of up to $750. The bill does not address charges of drug trafficking offenses or possession of more than two ounces of cannabis.

Under current Alabama law, possession of marijuana in any amount for personal use is a misdemeanor punishable by a fine of up to $6,000 and up to one year in prison, including for the first offense. Possession of any amount of cannabis for any purpose other than personal use is classified as a felony punishable by up to 10 years in prison and a fine of up to $15,000.

Attorney John Brinkley told local media that incarcerating people for minor cannabis offenses is putting pressure on local jails in Alabama, which spend about $60 a day keeping every inmate behind bars. Under SB 160, charges of petty cannabis possession would no longer result in offenders being jailed or suspended.

“I think we’re already moving in the right direction for what Singleton wants to do here,” Brinkley said. “And I don’t think it’s going to put a lot of people at risk because, honestly, people have been using marijuana left and right and have been for generations.”

Bill would wipe out minor marijuana convictions

Singleton’s bill would also overturn convictions for minor cannabis possession offenses. Those convicted of possessing less than two ounces of cannabis could petition the courts to have them erased. Applicants would qualify for deletion if they had no felonies, misdemeanors, or violations (other than minor traffic offences) in the prior five years.

Marty Schelper, founder of the cannabis policy reform group Alabama Cannabis Coalition, said legislation decriminalizing small amounts of cannabis would deter minor offenders from entering the state’s criminal justice system.

“It would reduce the population of our prisons,” she explained. “You know lives and families would not be destroyed for something that is legal in 33 other states.”

“Someone could get caught with just a little bit of cannabis in a small bag and go to jail; They become involved in the justice system,” added Schelper.

However, Madison County District Attorney Tim Gann is unsure whether cannabis policy reform will have a long-term effect in reducing overall crime.

“Legalizing marijuana would relieve the court system up front,” Gann said. “But in the end, the residual effects of legalizing another drug will likely outweigh the initial drop in cases.”

Schelper disagrees, saying, “I don’t think legalizing recreational cannabis use will result in more people using cannabis. People are already using cannabis.”

An earlier version of Singleton’s bill also passed the Senate Judiciary Committee last year, but failed to win full chamber approval. With renewed panel approval earlier this year, SB 160 now awaits action from the entire Alabama Senate.