Law enforcement officials in Huntsville say they have no plans to change procedures for making arrests or prosecuting misdemeanor marijuana cases.

“If you’re caught with misdemeanor possession of marijuana, you’ll be treated as you’ve always been treated,” said Madison County District Attorney Rob Broussard in a Tuesday interview with AL.com.

Broussard’s comments came a day after law enforcement in Jefferson County announced plans to stop arresting people who are caught with misdemeanor amounts of marijuana. Instead, Jefferson County officials said, those suspects will get a ticket and court date to face the misdemeanor charge.

“We’re not changing the way that we operate,” said Sgt. Tony McElyea, a Huntsville police spokesman and commander of the drug unit.

That is, unless a legislative bill to reduce the state’s penalties for marijuana possession becomes law, McElyea said.

“If it’s passed, we will follow the law,” McElyea said. “Up until that point, we’re still going to operate as usual.”

Proposed changes

A bill that’s making its way through the state legislature could redefine how marijuana cases are handled across Alabama. The bill introduced by Sen. Bobby Singleton, a Democrat from Greensboro, could mean fewer felony prosecutions for marijuana possession and would make possession of less than two ounces a violation—not a misdemeanor.

Under current law, it’s a felony — first-degree possession — if a person has marijuana for reasons other than personal use. Singleton’s bill would change the definition to say that a person commits first-degree possession when they have two ounces or more. Also under the bill, first-degree possession would not be a felony until a third conviction.

Currently, anyone who is caught with marijuana for personal use only can be convicted of second-degree possession, which is a misdemeanor. If Singleton’s bill becomes law, second-degree possession would become a violation and apply in cases involving less than two ounces. The violation would be punishable by fines — not jail time.

The bill passed 11-0 in the Senate Judiciary Committee last week, moving in line for possible consideration in the full Senate.

The ‘Big Ticket’

In Alabama’s largest county on Monday, Jefferson County Sheriff Mark Pettway and district attorneys Lynneice Washington and Danny Carr announced new procedures for misdemeanor marijuana cases. Dubbed the “Big Ticket,” the new procedure is to cite-and release anyone caught with misdemeanor amounts of marijuana or drug paraphernalia.

The officials said the new procedure will save time and money by keeping people charged for small amounts of marijuana out of the local jail. The suspects will still be prosecuted in court but won’t have to spend a night in jail.

Like officials in Huntsville and Madison County, the majority of police chiefs in Jefferson County said their officers will continue to arrest people in possession of small amounts of marijuana, despite the cite-and-release push by county leaders.

The Madison County sheriff’s office didn’t immediately respond to a request for comment.

Broussard, the Madison County district attorney, said if state law changes his office will embrace new procedures.

“But as it is, the law has not changed, and we’ll proceed accordingly,” he said. “If we get to the point where we don’t believe in state law, that’s a dangerous proposition.”