Cannabis in Alabama
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Cannabis in Alabama is illegal for
recreational use Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
. First-time possession of personal amounts is a misdemeanor, punishable by up to a year in prison, a fine of up to $6000, and a mandatory six months driver's license suspension. Repeat offenses and possession with intent to sell are felonies. Medical use was legalized in 2021 through a bill passed by the legislature and signed by Governor
Kay Ivey Kay Ellen Ivey (born October 15, 1944) is an American politician serving as the 54th and incumbent governor of Alabama since 2017. Originally a conservative Southern Democrat, Ivey became a member of the Republican Party in 2002. She was the 38th ...
. Previous bills enacted in 2014 (Carly's Law) and 2016 (Leni's Law) allowed only for the use of CBD oil to treat seizure disorders.


History


Prohibition (1931)

Cannabis was banned in Alabama in 1931.


Carly's Law for CBD trials (2014)

In April 2014, Governor Robert Bentley signed Carly's Law, which permits the
University of Alabama at Birmingham The University of Alabama at Birmingham (UAB) is a public research university in Birmingham, Alabama. Developed from an academic extension center established in 1936, the institution became a four-year campus in 1966 and a fully autonomous univ ...
to provide non-psychoactive CBD oil to children with debilitating seizures as a clinical study. The legislation provided an affirmative defense for individuals or their caregivers to possess CBD oil of up to 3%
THC Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
.


Leni's Law to expand CBD allowance (2016)

Leni's Law was signed into law by Governor Bentley on May 4, 2016. It expanded the affirmative defense allowed under Carly's Law to include any individual who has a debilitating disease or condition involving seizures. As with Carly's Law, the THC content was not allowed to exceed 3%.


Failed attempts to legalize medical marijuana

In 2012, Representative Koven Brown, a Republican representing the state's 40th House District, introduced model legislation as "The Alabama Medical Marijuana Patients Rights Act," which would "authorize the medical use of marijuana only for certain qualifying patients who have been diagnosed by a physician as having a serious medical condition." In part, it enumerated 24 serious medical conditions, or any other "chronic or persistent medical symptom" that "substantially limits the ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990 (Public Law 101-336)" which "if not alleviated, may cause serious harm to the patient's safety or physical or mental health." The bill died in committee. Three years later, it was reintroduced with minor changes in the State Senate as SB326 and sponsored by State Senator Bobby Singleton. In 2015 state Senator Bobby Singleton proposed the Medical Marijuana Patient Safe Access Act, which would have allowed patients with 25 severe conditions to access medical cannabis. The bill was passed by the Senate Judiciary Committee with near-unanimous approval, but failed to reach the Senate floor. Senator Jabo Waggoner, head of the Senate Rules Committee, blocked the bills further progress, stating: "It is bad legislation... We don't need that in Alabama." ''
High Times ''High Times'' is an American monthly magazine (and cannabis brand) that advocates the legalization of cannabis as well as other counterculture ideas. The magazine was founded in 1974 by Tom Forcade.Danko, Danny"Norml Founder Retires – Exha ...
'' described the proposed bill as "the most impressive piece of legislation the South has seen in regards to establishing a statewide medical marijuana program".


Attempts to reduce penalties for non-medical use

In 2019, a bill by Bobby Singleton to reduce cannabis penalties advanced in the state senate. It would have eliminated the felony charge for a second personal use possession offense, saying instead that a person commits first-degree possession when they have or more, and that first-degree possession is not a felony until the third conviction. Also, second-degree possession would have been reduced from a misdemeanor to a violation. Also in 2019, a bill by
Patricia Todd Patricia Todd (born July 25, 1955) is an American politician from Alabama. A Democrat, she was elected in November 2006 as a member of the Alabama House of Representatives representing District 54 in downtown Birmingham. She is the current Firs ...
to reduce the penalty for possession was voted down in the House Judiciary Committee. Her bill would have made possession of or less punishable only as a violation. A nearly identical bill by Dick Brewbaker advanced in the Senate Judiciary Committee by a 6-4 vote and moved to the Senate floor.


Medical use legalized (2021)

On May 17, 2021, Governor
Kay Ivey Kay Ellen Ivey (born October 15, 1944) is an American politician serving as the 54th and incumbent governor of Alabama since 2017. Originally a conservative Southern Democrat, Ivey became a member of the Republican Party in 2002. She was the 38th ...
signed into law Senate Bill 46, the Darren Wesley 'Ato' Hall Compassion Act. The bill allows the use of cannabis with a physician's recommendation for treatment of approximately 15 qualifying conditions listed in the bill. Patients can only use cannabis if a physician certifies that traditional medications have failed to improve the patient's condition. No sale of raw plant materials of food products such as cookies or candies are allowed. A 9% tax on gross sales of medical cannabis products is also required. Senate Bill 46 passed the Senate on February 24, 2021, by a vote of 21–8, then passed the House on May 6, 2021, by a vote of 68–34, after Republican lawmakers staged a filibuster for nine hours on the House floor. The Senate then voted 20–9 to approve changes that were made by the House. The bill was sponsored by Tim Melson (R-Florence) in the Senate and
Mike Ball Michel A. Ball (born September 17, 1954) is an American politician who was a member of the Alabama House of Representatives, representing its 10th district from 2002 to 2022. Biography Ball was born in Stockton, California. He has a bachelor ...
(R-Madison) in the House.


''Gonzalez v. Raich'' amicus

Despite not allowing medical cannabis, on October 13, 2004, Alabama along with Mississippi and Louisiana filed an
amicus brief An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
protesting '' Gonzalez v. Raich'', with Alabama stating: "The point is that, as a sovereign member of the federal union, California is entitled to make for itself the tough policy choices that affect its citizens."


Legal code

Under Alabama Code, first-time "personal use" offenders can be charged with ''Possession in the Second Degree'', § 13A-12-214. That offense is classified as a misdemeanor, and the maximum penalty authorized is a 1-year jail term (although it can be suspended with probation ordered) and a $6,000 fine. ''Possession in the First Degree'', § 13A-12-213, is charged for non-"personal use" (i.e. intent to sell) and second and subsequent "personal use" offenses. This charge is a Class C felony punishable with imprisonment of 1-to-10 years (there is a
mandatory minimum Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
of 1-year-and-1-day to serve which cannot be suspended by the judge) and $15,000 fine. Sale of any amount is a Class B felony punishable with a 2- to 20-year sentence (with the 2 years being a mandatory minimum) and maximum $30,000 fine. Sale to a minor is punishable by a sentence of 10 years to life imprisonment and a maximum fine of $60,000. As Alabama is a " Smoke a joint, lose your license" state, any conviction for a cannabis offense is punished with a mandatory six month driver's license suspension.


References

{{Cannabis in the United States Alabama culture
Alabama (We dare defend our rights) , anthem = "Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,765 ...
Crime in Alabama