Senate committee approves bill easing marijuana penalties

A Senate committee on Wednesday approved a bill lessening marijuana punishments after a short but emotional debate that suggests the legislation will run into obstacles if it reaches the floor.

The Senate Judiciary Committee approved the bill, sponsored by Sen. Dick Brewbaker, R-Pike Road, on a 6 to 4 vote. The bill makes possession of an ounce or less of marijuana subject to a fine, not jail time, and alters punishments for possession of higher amounts.

A House committee on Wednesday rejected an almost identical bill from Rep. Patricia Todd, D-Birmingham, on a 7 to 5 vote.

‘We are arresting more people for marijuana than for opioids,” Brewbaker told the committee. “Right now, the situation we are in, I think this is a reasonable approach.”

Democrats Bobby Singleton of Greensboro; Linda Coleman-Madison of Birmingham; Hank Sanders of Selma and Vivian Davis Figures of Mobile voted for the bill, as did Republicans Tom Whatley of Auburn and Cam Ward of Alabaster, the committee chair. Republicans Clay Scofield of Guntersville; Larry Stutts of Sheffield and Phil Williams of Rainbow City voted against the bill, along with Democrat Rodger Smitherman of Birmingham.

With a few exceptions, Alabama makes possession of marijuana for anything other than personal use a Class C felony, punishable by up to 10 years in prison and a $15,000 fine. Possession for personal use is a Class A misdemeanor, which carries a jail sentence of up to a year and a $6,000 fine. According to the Alabama Sentencing Commission, 265 people went to prison in 2015 for first-degree possession of marijuana, meaning they were sentenced for intent to distribute.

Brewbaker’s bill would tie the punishments to the amount possessed. Possession of more than two ounces of marijuana would be a Class C Felony, while possession of one to two ounces of marijuana would be a Class D felony, with prison time capped at two years and served in a community corrections facility.

Possession of less than an ounce of marijuana would be a violation, subject to a fine and not incarceration. Under the bill, the first two offenses would result in a fine of $250. An offender would face a fine of up to $500 for later violations.

Brewbaker told the committee that easing punishments for marijuana was broadly popular, even among likely Republican voters.

“They don’t want to see with very small amounts, lives ruined by that, and they also said they want the law to be absolute death on those who sell drugs,” he said.

Williams made an attempt to kill the bill in committee and told Brewbaker he would filibuster the legislation if it reached the Senate floor. Williams said he had counseled people suffering from drug addiction and said weakening the penalties would lessen deterrence.

“I never met a single addict who started off with their first toke to become an addict,” he said. “You weaken the penalties further than they are, all we’re saying is ‘You’ll get a slap on the wrist.’ That’s all you get.”

Brewbaker, who also said he had worked in the field, said he found alcohol to be more likely to start people down the road to addiction. A car dealer by trade, Brewbaker said existing laws could make it difficult to hire worthy candidates.

“I employ 109 people,” he said. “I’ve seen a lot of people trying to get jobs that we’ve hung a felony on for something they did when they’re over 18.”

Singleton agreed with Brewbaker. “I’ve never seen a marijuana addict,” he said.