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Cannabis in Alabama is illegal for recreational use. 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. [1]
Medical use was legalized in 2021 through a bill passed by the legislature and signed by Governor Kay Ivey. 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.
Cannabis was banned in Alabama in 1931. [2]
In April 2014, Governor Robert Bentley signed Carly's Law, which permits the University of Alabama at Birmingham to provide non-psychoactive CBD oil to children with debilitating seizures as a clinical study. [3] The legislation provided an affirmative defense for individuals or their caregivers to possess CBD oil of up to 3% THC. [4]
Leni's Law was signed into law by Governor Bentley on May 4, 2016. [5] It expanded the affirmative defense allowed under Carly's Law to include any individual who has a debilitating disease or condition involving seizures. [4] As with Carly's Law, the THC content was not allowed to exceed 3%. [4]
In 2012, Representative Koven Brown, a Republican representing the state's 40th House District, [6] [7] 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." [8] 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." [8] [9] 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. [10] [11]
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. [12] 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 described the proposed bill as "the most impressive piece of legislation the South has seen in regards to establishing a statewide medical marijuana program". [13]
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 two ounces (57 g) 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. [14]
Also in 2019, a bill by Patricia Todd to reduce the penalty for possession was voted down in the House Judiciary Committee. Her bill would have made possession of 1 ounce (28 g) 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. [15]
On May 17, 2021, Governor Kay Ivey signed into law Senate Bill 46, the Darren Wesley 'Ato' Hall Compassion Act. [16] [17] The bill allows the use of cannabis with a physician's recommendation for treatment of approximately 15 qualifying conditions listed in the bill. [18] Patients can only use cannabis if a physician certifies that traditional medications have failed to improve the patient's condition. [19] No sale of raw plant materials of food products such as cookies or candies are allowed. [18] A 9% tax on gross sales of medical cannabis products is also required. [18]
Senate Bill 46 passed the Senate on February 24, 2021, by a vote of 21–8, [20] then passed the House on May 6, 2021, by a vote of 68–34, [21] after Republican lawmakers staged a filibuster for nine hours on the House floor. [22] The Senate then voted 20–9 to approve changes that were made by the House. [23] The bill was sponsored by Tim Melson (R-Florence) in the Senate and Mike Ball (R-Madison) in the House. [16]
Despite not allowing medical cannabis, on October 13, 2004, Alabama along with Mississippi and Louisiana filed an amicus brief 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." [24]
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 of 1-year-and-1-day to serve which cannot be suspended by the judge) and $15,000 fine. [25]
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. [1]
As Alabama is a "Smoke a joint, lose your license" state, [26] any conviction for a cannabis offense is punished with a mandatory six month driver's license suspension. [1]
Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.
Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.
In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use. Despite this, most states have legalized either or both the medical and recreational use of cannabis. As of November 2023, only nine U.S. states have yet to implement a legal or legislative path for the legalization or decriminalization of cannabis: Kansas, Iowa, Wyoming, Idaho, South Carolina, Wisconsin, Indiana, Georgia, and Texas.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use. As of November 2023, only nine U.S. states have yet to implement a legal or legislative path for the legalization or decriminalization of cannabis: Kansas, Iowa, Wyoming, Idaho, South Carolina, Wisconsin, Indiana, Georgia, and Texas.
Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.
Cannabis in Utah is illegal for recreational use. Possession of small amounts is punishable as a misdemeanor crime. Medical use was legalized by ballot measure in November 2018, after a CBD-only law was passed in 2014 and a limited "right to try" law was passed in March 2018.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.
Cannabis in Louisiana is legal only for medicinal use; recreational possession of 14 grams or less is decriminalized punishable by a fine of no more than $100. Medicinal use is allowed with a physician's written recommendation for any debilitating condition. Prior to statewide decriminalization, possession of small amounts of marijuana was first decriminalized in the cities of New Orleans, Baton Rouge, and Shreveport.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Virginia is legal for medical use and recreational use. The first medical marijuana dispensary opened in August 2020, and adult recreational use became legalized in July 2021.
Cannabis in Indiana is illegal for recreational use, with the exception of limited medical usage. Possession of any amount is a Class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $1000.
Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis in North Carolina is illegal for any use except for very limited medical usage, though decriminalized for possession of 0.5 ounces or less for individuals with three or fewer misdemeanor convictions.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
Cannabis in New York has been legal for medical purposes under New York law since 2016, and recreational purposes since 2021. As of 2022, recreational cannabis is for sale legally in the state, only through state-approved dispensaries.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.