house of representatives

Members of the Alabama House of Representatives say there is virtually no momentum or appetite to consider legalizing marijuana for medical or recreational purposes. (Julie Bennett/jbennett@al.com)

For marijuana to be legalized in Alabama - whether for medical or recreational use - it must begin with the state legislature.

And that's pretty much the end of the conversation because that conversation isn't taking place these days.

"There's not been any talk here about, any serious conversations about it," said state Rep. Anthony Daniels, D-Huntsville, and House minority leader. "I've heard more from constituents on this issue than legislators. There's nobody really leading that fight."

AL.com this week spoke with seven lawmakers - both Republicans and Democrats - and that sampling indicated there was virtually no movement in legalizing marijuana.

Beyond those seven opinions, the House Judiciary Committee has received a bill sponsored by state Rep. Patricia Todd, D-Birmingham, both this year and last year that would significantly reduce the criminal penalties for possessing marijuana for personal use, which she defined as one ounce or less.

The bill was not even brought up for a committee vote last year. And as the 2017 legislative sessions winds to an end, the bill again is sitting in committee without getting a vote.

"I think we're still a ways from it," state Rep. Mike Ball, R-Madison, said of legalizing medical marijuana.

Ball's perspective is telling. He has championed bills in recent years that led to a study of cannabis oil at UAB, which included a trial study for qualified applicants to access the oil as well as the 2016 bill that decriminalized possession of cannabis oil that had 3 percent or less of THC - the psychoactive element in marijuana that produces an intoxicating high. At such a low percentage, though, achieving that high is not possible.

So if Ball doesn't see anything happening on legalizing marijuana, that's probably because there's nothing to see.

"I don't foresee it but there is a possibility," state Rep. Jimmy Martin, R-Clanton said. "You do have the marijuana oil that has been legalized but you don't have the other and from what I can understand from other states, that has been abused and expanded. They're calling it medical and they're just smoking it for the heck of it.

"I don't really see in the age of the people in the legislature now, which is my age and a little younger, I don't see it authorized."

Martin described his age as "about 78."

State Sen. Dick Brewbaker, R-Montgomery, perhaps gave the most optimistic outlook on medical marijuana. But even that outlook came with tempered expectations.

"As long as it's treated like any other drug, I think you could pass the bill today," Brewbaker said. "The proponents seem to be committed to a grow-your-own approach and the legislature is just not going to go for that. I don't think (lawmakers) have a problem with medical marijuana as such. If there's one thing we ought to learn from mistakes other states have made is that's when you lose control of it is when people are growing their own in their backyard and you can't tell what's legal and what's not.

"There's nothing to stop us from sourcing marijuana at one of the agricultural universities or buying it through the federal program and distributing it to legitimate people with prescriptions through county health departments. There is a way to do the distribution without resorting to people growing it in their backyards. If we could ever get the proponents off the grow-your-own, I think we could pass it pretty easily. But that has not been possible yet."

Eight states, as well as the District of Columbia, have legalized marijuana for recreational use. But the other 41 states may legalize it before Alabama does, Brewbaker said.

"If you're talking about outright legalization, I think we'll definitely be at the tail end of the pack of that," he said. "There's just no support for it right now. I think we could get a medical marijuana bill as long as that's what it is - as long as it's medical. When people insist they would be able to source their own marijuana, I become much more suspicious of what their real motives are."

On legalizing medical marijuana, Sen. Billy Beasley, D-Clayton, said "It's probably not a probability."

And if the legislature isn't going to legalizing medical marijuana, it's certainly not going to legalize it for recreational use.

"I think that would be an accurate assessment," Beasley said.

Under Alabama law, possession of marijuana for personal use is a Class A misdemeanor punishable by up to one year in jail, a fine of not more than $6,000 or a combination of the two.

Todd's foundering bill would make possession of personal use a violation - not unlike a traffic citation - punishable only by a fine of $250 on first offense and $500 on any other offense. The violation would also not appear on a person's criminal record.

Todd's bill also had a Republican co-sponsor, Alan Harper of Northport, but the lack of action on a bill introduced almost two months ago seems to indicate it was dead on arrival.

Todd did not respond to multiple phone messages from AL.com to discuss her bill.

Martin served as coroner in Chilton County for more than 30 years and also co-owns Martin Funeral Home. He said that experience has helped shape his views on marijuana.

"As far as I'm concerned, I would probably say we would probably be one of the last states (to legalize marijuana)," he said. "Being in the funeral business and a coroner, I've seen too much that marijuana leads on into other things. To me, it's a stepping stone to stronger drugs."

State Rep. Will South, R-Fayette, said there may be a push across the nation to loosen restrictions on marijuana. But not necessarily in Alabama.

"The more information that's out there, it seems like it's picking up a little bit of momentum and becoming more widely supported," South said. "I don't think we're to the point here yet."

South also described medical marijuana as "a gray area" and said, "We have to be careful and make sure we are doing the correct thing."

There are perhaps two other hurdles. First, as one lawmaker said, legalizing marijuana is pretty much off-limits in the 2018 session because it's an election year so the earliest a serious conversation might be had is at least two years away.

The other is the fact that marijuana remains a Schedule 1 drug, according to the U.S. Drug Enforcement Agency. Schedule 1 is the classification for the most serious drugs that, according to the DEA, have no medicinal value and a high potential for abuse. Other Schedule 1 drugs include heroin and LSD.

"I don't see Alabama passing state laws on marijuana that contradict with federal laws," state Rep. Jack Williams, R-Vestavia Hills, said. "Hopefully we would agree we're a nation of laws. And the fact that the previous administration (under President Barack Obama) was selective in the laws they enforced and ignored other laws means the power of law goes away.

"We have folks hitting us all the time why pass bills that are in contradiction with federal laws. This is one I would agree it's probably not wise use of the legislature's time, particularly on the recreational side, to pass laws that we know are in contradiction with federal law."