Criminal Justice (Drug Policy)

SB 285 amends Alabama's marijuana possession laws by redefining offenses based on the amount possessed. It creates a new "second-degree" offense for possessing less than one ounce (previously covered personal use only), reducing this to a fine-only violation (down from a Class A misdemeanor). For one ounce or more, it establishes a "first-degree" offense with tiered penalties: fines for first/second offenses within five years, and a felony for third or subsequent offenses. The bill also adds an expungement process for eligible cases, allowing records to be sealed if the person has no recent felony, misdemeanor, or violation convictions (excluding minor traffic offenses). This bill is pending committee review and would take effect October 1, 2026, if passed.

HB 487 allocates $43,138,650 in supplemental funding from Alabama’s Opioid Treatment and Abatement Fund for the fiscal year ending September 30, 2026. The bill directs funds to specific state entities, including $26.36 million to the Department of Mental Health for opioid prevention, treatment, and recovery programs (such as Naloxone purchases, the 988 Crisis Line, and residential detox), $1 million to the Department of Corrections for medication-assisted treatment and harm-reduction services in prisons, and smaller allocations to universities, courts, child advocacy centers, and law enforcement. Key provisions include funding for opioid prevention programs in schools, expansion of treatment beds, and support for community-based recovery services. Unused funds will carry forward to the next fiscal year, as specified in Section 2.

HB 261 automatically expunges criminal records for individuals acquitted or having charges dismissed (with prejudice, no-bill by grand jury, or nolle prossed without conditions) without requiring a court petition. It applies to felony, misdemeanor, traffic, boating, or municipal violation cases where no new charges are filed within 14 days. The bill eliminates associated fees and ensures expunged records remain accessible only for related civil legal matters, with redaction after resolution. This changes current law by removing the need for defendants to file petitions, streamlining record clearance for those cleared of charges. The law takes effect October 1, 2026.