Alabama lawmakers pass one of two marijuana bills

medical marijuana

On Wednesday, two Alabama bills to lower penalties for marijuana possession went before House and Senate Judiciary Committees. Birmingham-Democrat state Rep. Patricia Todd’s bill, HB272, which sought to change sentencing for possession of one ounce or less to a violation, and to add fines which would not appear on a person’s criminal record, even after repeat offense, failed to pass the House Judiciary Committee. “I’m sad, but it’s an election year. And a lot of people who voted no told me to my face that they were going to vote yes. And I think the roll-call vote scared a lot of people (who) don’t want to look like they’re soft on drugs. But most people sitting there have no concept or understanding of marijuana,” Todd told the Associated Press. The committee voted 7-5 against the bill, Moody-Republican state Rep. Jim Hill, the chairman of the House Judiciary Committee, believes the bill went too far in saying that possession would be only a violation even after repeat offenses. “I think we’re probably headed toward either some type of either decriminalization or lesser emphasis being placed on marijuana, but it’s illegal. And to say that no matter how many times you use it, how many times it’s personal use, it never rises to the level of a misdemeanor, I just think that’s a mistake,” Hill told AL.com. However, Montgomery-Republican state Sen. Dick Brewbaker’s bill, SB51, was approved by the Senate Judiciary Committee, his bill seeks to up the minimum amount of marijuana needed to be convicted of trafficking from 2.2 pounds to 10 pounds. “Nobody in here wants to hang felonies or drug conviction misdemeanors on a bunch of college kids,” Brewbaker told AL.com. “We’re arresting more people for marijuana than opioids.” Brewbaker’s bill passed on a 6-4 vote, it now moves to the Senate floor, but will also need to be passed by the House to become a law. Although the bill passed through the Senate committee, it already faces some opposition on the Senate floor. Rainbow City-Republican Sen. Phil Williams has gone on record saying he will filibuster the bill if, or when, it comes to the Senate floor.

Two Alabama bills to lower penalties for marijuana possession up for debate

Medical Marijuana

Two Alabama lawmakers are looking to move marijuana legislation in the state forward. Montgomery-Republican state Sen. Dick Brewbaker and Birmingham-Democrat state Rep. Patricia Todd have both filed bills in the state legislature to be debated by House and Senate Judiciary Committees on Wednesday. Under existing law in the state, any person who knowingly sells, distributes, or brings into the state more than 2.2 pounds of cannabis is considered a trafficker and can be sentenced to a minimum of three years imprisonment and a $25,000 fine. Brewbaker’s SB51, filed earlier in the year, would adjust the minimum amount needed to be convicted of trafficking to 10 pounds. Brewbaker hopes his legislation will keep young people from being convicted of major felonies. “No one is talking about legalizing possession of marijuana, but I haven’t talked to anybody who thinks hanging felonies on college kids is a great idea because that follows them around for the rest of their lives” he told AL.com. Todd’s bill, HB272, seeks to change the amount needed in to be convicted of unlawful possession of marijuana, and the punishment’s inflicted upon those who break the law. As the law stands today, anyone who possesses cannabis for personal use can be charged with a Class A misdemeanor, resulting in a jail sentence of up to one year and up to $6,000 in fines. A second time offender could be charged with a Class D felony, and sentenced to up to five years in prison, with at least some of that time being served in a community corrections facility. Todd’s bill would add a lower tier of punishments, and would require possession of two or more ounces of marijuana in order to be convicted. The bill also changes sentencing for possession of one ounce or less to a violation, with fines that would not appear on a person’s criminal record. A first or second offense of unlawful possession of marijuana would be punishable by a fine not over $250 and a third offense would result in a violation with a fine of $500 or less. The bill however, makes no provisions for edible derivatives of a cannabis plant. “This is not as bad as alcohol, we don’t want people to use. But it costs the state a lot of money to enforce the possession law,” Todd told AL.com.  Todd believes opposition to her bill has passed, and thinks law enforcement should not have to spend valuable time and resources chasing small amounts of marijuana, while we have an opioid crisis in the state.

Alabama animal rights groups ready for Senate decision on dog chaining

Animal welfare activists are preparing for a critical decision from the Senate this week in the push for stronger animal rights legislation in Alabama. In a Facebook message this week, Alabama Voters for Responsible Animal Legislation (AVRAL) called on its 7,000 members to reach out to lawmakers in support of Senate Bill 468, also known as the Alabama Dog Tethering and Outdoor Shelter Act. The bill would make it illegal for dog owners to tie their pets to stationary objects and says that any pet kept outside must have adequate food, water, and shelter. An owner who violates the statute could be charged with a Class B misdemeanor and face up to six months in jail, according to the Alabama criminal code. The Senate Judiciary committee is scheduled to vote on Senate Bill 468 this Wednesday. With the 2015 legislative session drawing to a close, the dog chaining bill could be the last of four closely-watched protections against animal cruelty before lawmakers this year: Earlier this month, a measure to set care, confinement, and breeding restrictions on Alabama puppy mills failed in the House Agriculture and Forestry Committee when chairman Rep. David Sessions refused to put the bill on the agenda. Rep. Paul Beckman sponsored House Bill 548 and told AL.com that the chairman thought it was a “’bad bill’ that makes criminals out of dog breeders.” Legislation filed by Rep. Patricia Todd and Rep. Howard Sanderford would ensure that only veterinarians can make surgical or medical decisions for animal treatment and allow veterinarians to work at nonprofit spay/neuter facilities. House Bill 563 is Rep. Todd’s third attempt at strengthening regulations on Alabama spay and neuter clinics. A House committee gave the bill a favorable report last week, but with so few days left in the session, Rep. Todd told AL.com the bill may not get much further. She indicated that she may try the legislation again next year. President of Animal Advocates of Alabama Joey Kennedy said, however, that another bill may not be necessary. In a statement on the organization’s website, Kennedy said: “The nonprofit spay/neuter clinics are operating now and can provide more services than would be allowed even under Todd’s bill. Plus, there is more scrutiny of the state Board of Veterinary Medical Examiners, which has spent years and hundreds of thousands of dollars trying to shut down the clinics.” That scrutiny, Kennedy said, might be enough to protect the clinics. The fourth bill, Senate Bill 51, would force shelter operators to publish monthly census reports, detailing how animals enter the facility, the number of adoptions or transfers, and reasons the animals were euthanized. The companion bill was voted down in the House in March. AL.com reported concerns from members that the bill would encourage lawsuits from animal activists and that moving from yearly to monthly reports would add to shelter workloads. Senate Bill 51 has passed the Senate and is now pending in the House committee on public safety and homeland security. The bill is not on the committee’s agenda for the coming week.