Representative Mack McCutcheon has introduced HB344 as part of Chief Justice Sue Bell Cobb's sentencing reform and prison overcrowding package of bills. It is very interesting and in someways very good. There are some very bad things in it too....like mandatory sentences, life sentences and unreal fines.The part of the bill dealing with possession of marijuana is near the end and in bold. That part is good but falls short of what is really needed with regard to marijuana and that's LEGALIZATION.
Here is the text of the bill. Thoughts?
HB344
By Representative McCutcheon
RFD Judiciary
Rd 1 24-MAR-11
SYNOPSIS: This bill would revise the quantity thresholds for marijuana criminal violations to distinguish between low-level drug users and career criminals by changing penalties for marijuana possession in the first and second degrees and creating the crimes of possession of marijuana in the third and fourth degrees.
This bill would revise the quantity threshold of Schedule I controlled substance criminal violations to distinguish between individual drug users and drug traffickers.
This bill would also restructure criminal drug offense penalties for Schedule II through Schedule V controlled substances based on recommended therapeutic dosages as established by the State Board of Health, which would render the Schedules current based on the lawful allowable dosages as drugs are improved or new drugs become available.
This bill would authorize the State Board of Health to establish monthly therapeutic dosages for Schedules II-V drugs.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
To amend Sections 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-231, and 20-2-20, Code of Alabama 1975, to revise the quantity thresholds for marijuana criminal violations to distinguish between low-level drug users and career criminals; to revise the quantity thresholds of Schedule I controlled substance criminal violations to distinguish between individual drug users and professional drug traffickers; to restructure criminal drug offense penalties for Schedules II through V controlled substances based on recommended therapeutic dosages as established by the State Board of Health; to create new criminal penalties related to distribution and possession of certain controlled substances; to authorize the State Board of Health to establish monthly therapeutic dosages for Schedules II-V drugs; to add Sections 13A-12-214.1 and 13A-12-214.2 to the Code of Alabama 1975, to restructure the current criminal penalties for the possession of marijuana; to add criminal penalties for the possession of marijuana; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-214, 13A-12-231, and 20-2-20, Code of Alabama 1975, are amended to read as follows:
§13A-12-211.
"(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules Schedule I through V.
"(b) Unlawful distribution of controlled substances, unless otherwise provided, is a Class B felony.
"(c) A person, except as otherwise authorized, who sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules II through V, as provided in Section 20-2-25, 20-2-27, 20-2-29, or 20-2-31, where the offense classification is based on the specific Schedule II through V enumeration and the number of tablets, capsules, or pills constituting the monthly therapeutic dosage or the milligrams as established by the State Board of Health, to establish the lawful amount of the controlled substance for possession, including whether the quantity is above or below the monthly therapeutic dosage established by the State Board of Health, commits the crime of unlawful distribution of controlled substance. If the distribution is:
"(1) A Schedule II drug and:
"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class B felony.
"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class C felony.
"(2) A Schedule III drug and:
"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class C felony.
"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class D felony.
"(3) A Schedule IV or V drug and:
"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class D felony.
b. Below the monthly therapeutic dosage, the person shall be guilty of a Class A misdemeanor.
"(d) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of cocaine, cocaine-base, or any mixture containing cocaine or methamphetamine, as described in Section 20-2-25(1) or Section 20-2-27, is guilty of a felony, which shall be known as "unlawful distribution of controlled substance." If the quantity involved is:
"(1) 1.5 grams or more, but less than 28 grams, the person shall be guilty of the unlawful distribution of controlled substance in the first degree, a Class B felony.
"(2) Less than 1.5 grams, the person shall be guilty of unlawful distribution of controlled substance in the second degree, a Class C felony.
"(e) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, phencyclidine, or lysergic acid, as described in Section 20-2-23(2) or Section 20-2-25(1)a., or of any mixture containing these substances, is guilty of a felony, which felony shall be known as "unlawful distribution of controlled substance." If the quantity involved is:
"(1) 1.5 grams or more, but less than four grams, the person shall be guilty of unlawful distribution of controlled substance in the first degree, a Class B felony.
"(2) Less than 1.5 grams, the person shall be guilty of unlawful distribution of controlled substance in the second degree, a Class C felony.
§13A-12-212.
"(a) A person commits the crime of unlawful possession of controlled substance if:
"(1) Except as otherwise authorized, he or she possesses a controlled substance enumerated in Schedules Schedule I through V.
"(2) He or she obtains by fraud, deceit, misrepresentation or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules Schedule I through V.
"(b) Unlawful possession of a controlled substance, unless otherwise provided, is a Class C felony.
"(c) A person, except as otherwise authorized, who possesses a controlled substance enumerated in Schedules II through V, pursuant to Section 20-2-25, 20-2-27, 20-2-29, or 20-2-31, commits the crime of "unlawful possession of controlled substance" when in the unlawful actual or constructive possession of drugs enumerated in Schedules II through V, or in violation of the lawful monthly therapeutic dosage or the milligrams for the scheduled drugs as established by the State Board of Health. The therapeutic dosage established for lawful possession is the lawful amount of the controlled substance for authorized possession, which shall be the benchmark to determine whether the quantity in possession is above or below the monthly therapeutic dosage established by the State Board of Health. If the unlawful drug possessed, actually or constructively, is:
"(1) A Schedule II drug and:
"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class C felony.
"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class D felony.
"(2) A Schedule III drug and:
"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class D felony.
"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class A misdemeanor.
"(3) A Schedule IV or V drug and:
"a. Above the monthly therapeutic dosage, the person shall be guilty of a Class A misdemeanor.
"b. Below the monthly therapeutic dosage, the person shall be guilty of a Class B misdemeanor.
"(d) Any person who has the unlawful actual or constructive possession or receipt of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, phencyclidine, or lysergic acid, as described in Section 20-2-23(2), 20-2-23(3), or 20-2-25(1)a., or any mixture containing any of these substances, is guilty of a felony, which felony shall be known as "unlawful possession of controlled substance." If the quantity involved is:
"(1) Three grams or more, but less than four grams, the person shall be guilty of unlawful possession of controlled substance in the first degree, a Class B felony.
"(2) One gram or more, but less than three grams, the person shall be guilty of unlawful possession of controlled substance in the second degree, a Class C felony.
"(3) Less than one gram, the person shall be guilty of unlawful possession of controlled substance in the third degree, a Class D felony.
"(e) Any person who has unlawful or actual constructive possession of cocaine, cocaine-base, or any mixture containing cocaine or methamphetamine, as described in Section 20-2-25(1) or Section 20-2-27, or any mixture containing these substances, is guilty of a felony, which felony shall be known as "unlawful possession of controlled substance." If the quantity involved is:
"(1) 14 grams or more, but less than 28 grams, the person is, except as otherwise authorized, guilty of unlawful possession of controlled substance in the first degree, a Class B felony.
"(2) 1.5 grams or more but less than 14 grams, the person is, except as otherwise authorized, guilty of unlawful possession of controlled substance in the second degree, a Class C felony.
"(3) Less than 1.5 grams, the person is guilty of unlawful possession of controlled substance in the third degree, a Class D felony.
§13A-12-213.
"(a) A person commits the crime of unlawful possession of marihuana marijuana in the first degree if, except as otherwise authorized:
"(1) He the person possesses marihuana two or more pounds, but less than 10 pounds of marijuana. for other than personal use; or
"(2) He possesses marihuana for his personal use only after having been previously convicted of unlawful possession of marihuana in the second degree or unlawful possession of marihuana for his personal use only.
"(b) Unlawful possession of marihuana marijuana in the first degree is a Class C B felony.
§13A-12-214.
"(a) A person commits the crime of unlawful possession of marihuana marijuana in the second degree if, except as otherwise authorized, he or she possesses marihuana 10 or more ounces, but less than two pounds of marijuana for his personal use only.
"(b) Unlawful possession of marihuana marijuana in the second degree is a Class A misdemeanor C felony.
§13A-12-231.
"Except as authorized in Chapter 2, Title 20:
"(1) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 10 pounds of any part of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including the completely defoliated mature stalks of the plant, fiber produced from the stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination is guilty of a Class A felony, which felony shall be known as "trafficking in cannabis." Nothing in this subdivision shall apply to samples of tetrahydrocannabinols including, but not limited to, all synthetic or naturally produced samples of tetrahydrocannabinols which contain more than 15 percent by weight of tetrahydrocannabinols and which do not contain plant material exhibiting the external morphological features of the plant cannabis. If the quantity of cannabis involved:
"a. Is in excess of one kilo or 2.2 10 pounds, but less than 100 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of twenty-five thousand dollars ($25,000).
"b. Is 100 pounds or more, but less than 500 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of fifty thousand dollars ($50,000).
"c. Is 500 pounds or more, but less than 1,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred thousand dollars ($200,000).
"d. Is 1,000 pounds or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(2) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine or of any mixture containing cocaine, described in Section 20-2-25(1), is guilty of a felony, which felony shall be known as "trafficking in cocaine." If the quantity involved:
"a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(3) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Section 20-2-23(2) or Section 20-2-25(1)a., or four grams or more of any mixture containing any such substance, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:
"a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).
"d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(4) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 1,000 or more pills or capsules of methaqualone, as described in Section 20-2-1, et seq., is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:
"a. Is 1,000 pills or capsules, but less than 5,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and pay a fine of fifty thousand dollars ($50,000).
"b. Is 5,000 capsules or more, but less than 25,000 capsules, that person shall be imprisoned to a mandatory minimum term of imprisonment of 10 calendar years and pay a fine of one hundred thousand dollars ($100,000).
"c. Is 25,000 pills or more, but less than 100,000 pills or capsules, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of five hundred thousand dollars ($500,000).
"d. Is 100,000 capsules or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(5) Any person who knowingly sells, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of 500 or more pills or capsules of hydromorphone as is described in Section 20-2-1, et seq., is guilty of a felony which shall be known as "trafficking in illegal drugs." If the quantity involved:
"a. Is 500 pills or capsules or more but less than 1,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 1,000 pills or capsules or more, but less than 4,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is 4,000 pills or capsules or more but less than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of 25 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"d. Is more than 10,000 pills or capsules, the person shall be sentenced to a mandatory term of life in prison without parole.
"(6) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 3,4-methylenedioxy amphetamine, or of any mixture containing 3,4-methylenedioxy amphetamine, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:
"a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(7) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of 5-methoxy-3, 4-methylenedioxy amphetamine, or of any mixture containing 5-methoxy-3, 4-methylenedioxy amphetamine is guilty of a felony, which felony shall be known as "trafficking in illegal drugs" if the quantity involved:
"a. Is 28 grams or more, but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is one kilo, but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(8) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of phencyclidine, or any mixture containing phencyclidine, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:
"a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is 28 grams or more, but less than 56 grams, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
"d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(9) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, four grams or more of lysergic acid diethylamide, of four grams or more of any mixture containing lysergic acid diethylamide, is guilty of a felony, which felony shall be known as "trafficking in illegal drugs." If the quantity involved:
"a. Is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is 28 grams or more, but less than 56 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and to pay a fine of five hundred thousand dollars ($500,000).
"d. Is 56 grams or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(10) Any person who knowingly sells, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof, is guilty of a felony, which felony shall be known as "trafficking in amphetamine." If the quantity involved:
"a. Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is one kilo but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(11) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof, is guilty of a felony, which felony shall be known as "trafficking in methamphetamine." If the quantity involved:
"a. Is 28 grams or more but less than 500 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000).
"b. Is 500 grams or more, but less than one kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of five calendar years and to pay a fine of one hundred thousand dollars ($100,000).
"c. Is one kilo but less than 10 kilos, then the person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of two hundred fifty thousand dollars ($250,000).
"d. Is 10 kilos or more, the person shall be sentenced to a mandatory term of imprisonment of life without parole.
"(12) The felonies of "trafficking in cannabis," "trafficking in cocaine," "trafficking in illegal drugs," "trafficking in amphetamine," and "trafficking in methamphetamine" as defined in subdivisions (1) through (11), above, shall be treated as Class A felonies for purposes of Title 13A, including sentencing under Section 13A-5-9. Provided, however, that the sentence of imprisonment for a defendant with one or more prior felony convictions who violates subdivisions (1) through (11) of this section shall be the sentence provided therein, or the sentence provided under Section 13A-5-9, whichever is greater. Provided further, that the fine for a defendant with one or more prior felony convictions who violates subdivisions (1) through (11) of this section shall be the fine provided therein, or the fine provided under Section 13A-5-9, whichever is greater.
(13) If the totality of the evidence shows that the person is a user and is not engaged in an enterprise involving large quantities of cannabis, cocaine, illegal drugs, or amphetamine, the judge, in his or her discretion, may reduce the trafficking charge to unlawful possession of marijuana in the first degree and sentence the person accordingly.
"(13) (14) Notwithstanding any provision of law to the contrary, any person who has possession of a firearm during the commission of any act proscribed by this section shall be punished by a term of imprisonment of five calendar years which shall be in addition to, and not in lieu of, the punishment otherwise provided, and a fine of twenty-five thousand dollars ($25,000); the court shall not suspend the five-year additional sentence of the person or give the person a probationary sentence.
§20-2-20.
"(a) The State Board of Health, unless otherwise specified, shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, or 20-2-31 pursuant to the procedures of the State Board of Health. and shall have the authority, also pursuant to the administrative procedures applicable to the board for scheduling purposes, to establish the monthly therapeutic dosage for the controlled substances enumerated in Schedules II through V, as found in Section 20-2-25, 20-2-27, 20-2-29, or 20-2-31, which shall serve as the basis for classifying offenses applicable to the lawful and unlawful use, distribution, or possession of the scheduled substances. In making a determination regarding a substance, the State Board of Health shall consider all of the following:
"(1) The actual or relative potential for abuse.
"(2) The scientific evidence of its pharmacological effect, if known.
"(3) The state of current scientific knowledge regarding the substance.
"(4) The history and current pattern of abuse.
"(5) The scope, duration, and significance of abuse.
"(6) The risk to the public health.
"(7) The potential of the substance to produce psychic or physiological dependence liability.
"(8) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
"(b) After considering the factors enumerated in subsection (a), the State Board of Health shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.
"(c) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the State Board of Health, the State Board of Health shall similarly control the substance under this chapter after the expiration of 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 30-day period, the State Board of Health objects to inclusion, rescheduling, or deletion. In that case, the State Board of Health shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the State Board of Health shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the State Board of Health, control under this chapter is stayed until the State Board of Health publishes its decision.
"(d) Authority to control under this section does not extend to distilled spirits, wine, malt, beverages, or tobacco.
"(e) The State Board of Health shall exclude any nonnarcotic substance from a schedule if such substance, under the federal Food, Drug and Cosmetic Act, the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, and the law of this state may be lawfully sold over the counter without a prescription."
Section 2. Sections 13A-12-214.1 and 13A-12-214.2 are added to the Code of Alabama 1975, to read as follows:
§13A-12-214.1
(a) A person commits the crime of unlawful possession of marijuana in the third degree if, except as otherwise authorized, the person possesses three ounces or more, but less than 10 ounces of marijuana for his or her personal use only.
(b) Unlawful possession of marijuana in the third degree is a Class D felony.
§13A-12-214.2
(a) A person commits the crime of unlawful possession of marijuana in the fourth degree if, except as otherwise authorized, the person possesses not more than three ounces of marijuana for his or her personal use only.
(b) Unlawful possession of marijuana in the fourth degree is a Class A misdemeanor. If a person has three previous convictions for unlawful possession of marijuana in the fourth degree, each a Class A misdemeanor, the sentence shall be enhanced to a Class D felony.
Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Crimes and Offenses
Criminal Law and Procedure
Board of Health, State
Controlled Substances
Drugs
Marijuana
Code Amended
Saturday, March 26, 2011
Monday, March 21, 2011
ACTION ALERT! Melt Paul DeMarco's Phone Lines TODAY!
UPDATE: DeMarco heard us loud and clear. For the time being we can cease the phone calls. If we need to start them back at a later date we will. If you are in DeMarco's district please do continue to call him.
This is to all supporters of the Michael Phillips Compassionate Care Act, a bill, which if enacted, would protect physicians who recommend and patients who use marijuana as medicine from arrest and prosecution under state law.
This bill is in it's 8th year in the Alabama House. Last session it finally passed the House Judiciary Committee but got no further due to it being late in the session. Then, of course, there was the election ion November, which brought sweeping changes to the Alabama House and Senate and entirely changed the make up of the House Judiciary Committee. With that committee now being made up of a majority of Republicans I will admit that we were worried about our bill. However, after talking to many of the newly elected Republicans we have found a great deal of support for this bill among them.
Now, to the new problem we have...Rep. Paul DeMarco. Rep. DeMarco has said publicly on the Matt Murphy Show that he would give our bill a fair hearing and place it in the judiciary calendar when Rep. Todd asked for him to. He has also said as much to a few of our members who have spent time in Montgomery every week since the session started. DeMarco is chair of the House Judiciary Committee.
Now, however, he is waffling.
Paul DeMarco told Rep. Todd on Friday that he doesn't want to put our medical marijuana bill on the calendar because he has all the sentencing reform bills. He wants her to take it to health instead. She doesn't want to do that and we don't want her to do that for two reasons...1) Rep. Todd says the health committee is worse than judiciary and our bill would never pass that committee and 2) We have worked only the members of the judiciary committee this session and don't want to change horses in mid-stream.
So, I need all of you out there who support this bill to melt Paul DeMarco's phone lines and flood his inbox starting today.
Here is his contact information.
Montgomery State House - (334) 242-7667
Home Phone:(205) 802-7285
Work Phone:(205) 314-7909
Email: paul@pljpc.com or paul.demarco@alhouse.org
Tell him that you want this bill placed on the Judiciary calendar. Remind him of his words on the Matt Murphy show a few weeks ago and of his words to members of Alabama Compassionate Care who have taken the time to visit him face to face this session. If you are a patient then tell him so. Please be polite. Piss and vinegar will get us nowhere.
Ok get busy! And don't let up until he relents and does what he said he would do.
PS. I just learned from Matt Murphy that Rep. DeMarco will be on his show this morning at about 8:10 a.m. Please use this opportunity to politely harass him and make him stick to his word. Call in # for Matt Murphy is 205-741-1005 or 867-569-1005.
This is to all supporters of the Michael Phillips Compassionate Care Act, a bill, which if enacted, would protect physicians who recommend and patients who use marijuana as medicine from arrest and prosecution under state law.
This bill is in it's 8th year in the Alabama House. Last session it finally passed the House Judiciary Committee but got no further due to it being late in the session. Then, of course, there was the election ion November, which brought sweeping changes to the Alabama House and Senate and entirely changed the make up of the House Judiciary Committee. With that committee now being made up of a majority of Republicans I will admit that we were worried about our bill. However, after talking to many of the newly elected Republicans we have found a great deal of support for this bill among them.
Now, to the new problem we have...Rep. Paul DeMarco. Rep. DeMarco has said publicly on the Matt Murphy Show that he would give our bill a fair hearing and place it in the judiciary calendar when Rep. Todd asked for him to. He has also said as much to a few of our members who have spent time in Montgomery every week since the session started. DeMarco is chair of the House Judiciary Committee.
Now, however, he is waffling.
Paul DeMarco told Rep. Todd on Friday that he doesn't want to put our medical marijuana bill on the calendar because he has all the sentencing reform bills. He wants her to take it to health instead. She doesn't want to do that and we don't want her to do that for two reasons...1) Rep. Todd says the health committee is worse than judiciary and our bill would never pass that committee and 2) We have worked only the members of the judiciary committee this session and don't want to change horses in mid-stream.
So, I need all of you out there who support this bill to melt Paul DeMarco's phone lines and flood his inbox starting today.
Here is his contact information.
Montgomery State House - (334) 242-7667
Home Phone:(205) 802-7285
Work Phone:(205) 314-7909
Email: paul@pljpc.com or paul.demarco@alhouse.org
Tell him that you want this bill placed on the Judiciary calendar. Remind him of his words on the Matt Murphy show a few weeks ago and of his words to members of Alabama Compassionate Care who have taken the time to visit him face to face this session. If you are a patient then tell him so. Please be polite. Piss and vinegar will get us nowhere.
Ok get busy! And don't let up until he relents and does what he said he would do.
PS. I just learned from Matt Murphy that Rep. DeMarco will be on his show this morning at about 8:10 a.m. Please use this opportunity to politely harass him and make him stick to his word. Call in # for Matt Murphy is 205-741-1005 or 867-569-1005.
Monday, March 14, 2011
2011 Legislative Session Bills to Support or Kill
The 2011 Alabama Legislative Session began on March 1. Browsing through the bills that have already been filed I have found both great bills and horrible bills. Let's start with the great ones.
Bills to Support
1. The Michael Phillips Compassionate Care Act - This bill would protect physicians who recommend and patients who use marijuana as medicine from arrest and prosecution under state law. This will be the 8th year we have tried to get it passed. And things actually look pretty good this year. We do not have a bill number yet but hope to have one next week. It will be assigned to the Judiciary Committee. Please contact the members of the judiciary committee and ask them to pass this bill. The linked names on the Judiciary page do not seem to be working. For contact information please go HERE. Emails are ok, phone calls are better and face to face visits are best.
2. HB10 by Rep. Chris England would allow persons with felony drug convictions who have served their time and paid all fines and restitution to be eligible for public assistance (housing, food stamps etc..) Starving people over petty drug convictions only increases crime and makes children, who have nothing to do with what their parents may have done, go hungry.
3. HB23 is the Records Expungement bill sponsored by Rep. Chris England and would allow persons arrested but never convicted of a crime to have all records, including photos and fingerprints expunged from the court. This bill makes complete sense. People who have not been convicted of a crime but have a record are denied jobs, housing, public assistance if they need it and have problems when they travel across borders. For a while when I was traveling to Canada a great deal an additional $1000 was required because an immigration lawyer had to be retained in Canada on my behalf just so I could clear customs.
4. HB128 sponsored by Rep. Chris England would allow first time felony offenders whose crimes did not include moral turpitude to be sentenced to no more than three years in jail, prison or treatment and cap fines that could be imposed. Once the sentence is completed the record of defendant would be wiped clean.
5. HB129 Sponsored by Rep. Chris England - This bill would require probation and parole officers to provide probationers with periodic compliance incentive status updates to afford probationers with the opportunity to understand their compliance status.
This bill would also allow a probationer serving a probationary sentence of greater than one year to receive an automatic compliance incentive review upon completing two-thirds of the probation period or suspension of sentence.
This bill would allow probationers to be transferred to unsupervised probation if in satisfactory compliance with the terms and conditions of probation, including the payment of court-ordered fines and costs, as well as restitution.
6. HB134 Sponsored by Rep. Rod Scott - Under existing law, the driver's license of a person convicted of a drug offense or adjudicated a juvenile delinquent when the underlying offense is a drug offense is required to be suspended for six months.
This bill would delete the requirement for the suspension for all drug offenses except trafficking in illegal drugs.
The bill would also provide for the certification of this act to the United States Department of Transportation by the Governor.
7. HB193 Sponsored by Rep. Mike Jones - The Common Sense Consumption Act - This bill would prohibit lawsuits based on claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.
8. HB225 Sponsored by our favorite Representative Patricia Todd -
SYNOPSIS: Under existing law, there is no provision to create and maintain a statewide registry of convicted animal abusers.
This bill would require the annual registration of each animal abuser with the local sheriff's department in the county of the abuser's residence and would provide for fines and penalties for violations.
This bill would require each county sheriff to maintain a local registry of animal abusers; to provide this information to certain residents, businesses, and schools; and to forward the registration information to the Department of Public Safety.
This bill would require the Department of Public Safety to create and maintain a central registry of animal abusers that can be assessed by the public.
9. HB247 Sponsored by Rep. Patricia Todd - Under existing law, additional penalties are imposed against a person if the offense committed is motivated by the victim's race, color, religion, national origin, ethnicity, or physical or mental disability.
This bill would provide for those additional penalties for crimes motivated by the victim's sexual orientation or gender identity or expression.
10. HB226 Sponsored by Rep. Patricia Todd - Under existing law, State Department of Education is required to develop a model policy for local school boards pertaining to student harassment prevention. Currently, the term "harassment" does not specifically include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual who is associated with the student.
This bill would expand the definition of "harassment" to include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual with whom the student associates.
(NOTE:) I have a deeply personal interest in the two bills above. My daughter is perceived to be gay by her peers. This perception comes from her extreme modesty because she doesn't dress like a hooker and try to throw her ass on every boy who walks by. Whether she is gay or not is no ones fucking business but hers and her family's. Every day at school she is tormented by vicious hillbilly idiots that could have been cast in 'Deliverance'. Last week she was locked in a closet and the door was barricaded. If she'd had a medical emergency (and that was very possible as she has been having some pretty serious medical problems of late) or if there had been a fire or weather emergency then my daughter could have died and I would right now be in jail for exacting revenge sans the judicial process. The school does only the very minimum when it comes to doling out punishments to the kids who torment her. In the above mentioned case the vicious kids involved were given a few days of in school suspension. After this happened the ring leader of the kids who did this took it to Facebook. I saved the page and printed it out and turned it over to the school resource officer who said there might be enough there to file harassing communications charges. If there is enough you can bet your ass that I will be filing those charges and hope the punk who did this goes to juvenile detention. We'll see how he likes being locked up against his will. Every kid deserves to learn in a non-hostile environment regardless of race, religion, disability or perception of sexual orientation.
11. SB17 Sponsored by Rep. Cam Ward - Under existing law, to gain ballot access, an independent candidate for office must file a written petition signed by at least three percent of the qualified electors who cast ballots for the office of Governor in the last general election.
This bill would reduce the number of names of qualified electors required for independent candidates for statewide office to gain ballot access.
12. HB147 - Sponsored by By Representatives McMillan, DeMarco, Ford, Scott, Hill, Newton (D) McClendon, Johnson (R) Millican, McCutcheon, Treadaway, Thomas, Weaver, Wood, Ison, Boothe, Greer, Collins, Nordgren, Galliher, Roberts, Clouse, Mask, Hubbard (M) Brown and McClurkin
This bill would outlaw the use of gas chambers in Humane Society Shelters. Before I became aware of this bill I thought that when an animal that hadn't found a forever home was put down in a shelter that they were put to sleep just like at the vet's office. Turns out it isn't nearly as humane as that. What they really do is load bunches of dogs or cats into a GAS CHAMBER and gas them. Before sweet death finally comes these poor animals urinate and defecate on themselves and tear each other apart out of fear. Makes me want to cry just thinking about it. This bill would mandate that animals who have to be euthanized are done so with a shot....just like at the vets office.
Please have your pet spayed or neutered so that they don't add to the problem of unlove3d and unwanted animals. When the pitbull puppy showed up here a few weeks ago I called the local shelter to see if it was a no kill. It wasn't. And the lady on the phone told me that last year they had taken in 6000 dogs who were strays or dumped. She said in the first hour and a half of that morning 12 dumped dogs were brought in. How awful. So, take your furry friends to the vet for the snip snip and stop adding to the problem.
Bills to Kill
1. HB91 - Sponsored by Rep. Gaston - This bill would add the following to the Schedule I of the controlled substances list: 3,4-Methylenedioxymethcathinone (Methylone), 3,4-Methylenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (Mephedrone), 4-Methoxymethcathinone, 3-Fluoromethcathinone, and 4-Fluoromethcathinone.
This action would make the drugs subject to regulation and penalties in the same manner as other controlled substances.
2. HB163 - Sponsored by Rep. Farley - Under existing law, the possession of certain named chemical compounds of synthetic cannabinoids is prohibited and subject to criminal penalties. Possession of the substances is a Class C felony except possession for personal use on the first offense is a Class A misdemeanor.
This bill would add certain named chemical compounds of synthetic cannabinoid to the law and would specify that any other chemical compound capable of exhibiting cannabinoid like psychoactivity would be prohibited. Violations would be subject to the existing penalties.
(NOTE: We have plenty of failed drug laws on the books and the last thing this state needs is more. Passage of these two laws would mean more people in prison and more tax dollars wasted to keep them there. Not to mention that the Chief Justice of the Alabama Supreme Court and Republican Governor Robert Bentley are promoting changes to existing drug laws (marijuana) in order to keep people out of prison for personal possession as well as pushing for the release of those currently in prison for marijuana possession. Also, it's important to point out that current prohibition laws are responsible for the rise in synthetic substitutes. In six months there will be a new designer synthetic on the market. This is 'feel good' legislation that needs to die a quick death. Both of these bills have had their second read in the judiciary committee. Please contact the members of the judiciary committee and ask them to kill these bills. )
3. HB157 Sponsored by Rep.'s Rich, Long, Greer, Hammon, Baughn, Nordgren and Collins - Under existing law, there is no requirement that a welfare recipient of TANF, food stamps, or Medicaid must be tested for substance abuse. Also under existing law, there is no requirement that any adult applying for TANF, food stamps, or Medicaid must be tested for substance abuse if there is a reasonable suspicion of the appearance or demeanor of the applicant that implies that the applicant may be under the influence of a controlled substance.
This bill would make such requirements.
This bill would provide for the Department of Human Resources to be responsible for testing; would provide that any positive test results are not admissible in any criminal proceeding; would provide that any adult who fails the test or refuses to take the test would be ineligible for TANF, food stamps, or Medicaid; and would provide for the department to promulgate rules pursuant to the Administrative Procedure Act to implement this act.
(Note: This bill will ensure that innocent children go hungry and without medical care because of something their parents might have done. Drug testing for these services means that poor people or people who have recently lost their jobs due to the economy no longer have any privacy rights. Please remember that a positive drug test does not mean that said drugs were purchased with money that should have been spent on medical care or groceries. Then there is the issue of a false positive which is far more common than people think. Many over the counter medications can cause a false positive on a drug screen. Also, why only illegal drugs? If the purpose of this bill is to make people spend money on the things they should spend it on then why not also test for alcohol, tobacco and cheeseburgers from McDonald's? In my opinion the only ones who should be drug tested are elected officials, state employees and law enforcement personnel. Not poor people who need a little help to feed their families. Let's start at the top and drug test the people who have all the power in this state and all the taxpayer money at their disposal and make all the laws that they themselves are not subject to. Last but not least...you should always fight attempts to make laws that require that you hand over your bodily fluids to the damn government.)
4. HB8 Sponsored by Rep. Long - This bill shall be known as the "Alabama Women Become Property of the State Upon Catching Pregnant Act (title mine). Existing law makes it a crime to knowingly, intentionally, or recklessly expose a child to a controlled substance, chemical substance, or drug paraphernalia.
This bill would clarify the term "child" to include an unborn child in utero at any stage of development regardless of viability. This bill would establish venue for prosecution for exposure in utero in the county where the child is born. This bill would create a rebuttable presumption of exposure in utero if both the mother and the child test positive for the same controlled substance not prescribed by a physician.
(Note: What this bill would really do is deter expectant mothers from seeking out critical prenatal care and rip apart families. No one thinks its a good idea for women to use drugs of any kind, including alcohol and tobacco, while pregnant. However addiction doesn't go away overnight upon becoming pregnant. If a pregnant woman is using drugs then treatment and parenting classes would be the best way to ensure she stops using drugs and is able to care for her child. Not prison. Not DHR. If this bill were really about the health of an infant then alcohol and tobacco which are both proven to cause birth defects would be included. This is another piece of feel good legislation that needs to die quickly.)
5. HB56 Sponsored by By Representatives Hammon, Collins, Patterson, Rich, Nordgren, Merrill, Treadaway, Johnson (R) Roberts, Henry, Bridges, Gaston, Johnson (K) Chesteen, Sanderford, Williams (D) McClendon, Wren, Williams (J) Hubbard (M) Williams (P) Baughn, Moore (B) Long and Canfield.
This is the Arizona style anti-immigration bill and it is absolutely terrible. It legalizes racial profiling (as if we didn't have enough of that already)and would waste tax dollars by deporting Hispanics who are determined to be here without the proper paperwork. Deporting Hispanics before the border is gotten under control is insane. They will just come right back and be deported again and again and again. Do we have a problem concerning immigration? Yes. We do. Is this the way to solve it....by demanding to see someones papers (Nazi Germany anyone?), racial profiling, and tearing apart families who only came here for a better life? NO. Why is there so much hate in this state? People here seem to thrive on it. Anyone they can put down, sic the cops on, be biased against due to skin color they love it. It seems to be a majority of Alabama citizens too. Or a damn loud minority. Where is all the Christian love and compassion which Jesus taught?
There will be other bills added to this list as they are filed. If you've looked around ALISON and have seen a bill that should be added to either of these lists please email me or post on this thread.
Bills to Support
1. The Michael Phillips Compassionate Care Act - This bill would protect physicians who recommend and patients who use marijuana as medicine from arrest and prosecution under state law. This will be the 8th year we have tried to get it passed. And things actually look pretty good this year. We do not have a bill number yet but hope to have one next week. It will be assigned to the Judiciary Committee. Please contact the members of the judiciary committee and ask them to pass this bill. The linked names on the Judiciary page do not seem to be working. For contact information please go HERE. Emails are ok, phone calls are better and face to face visits are best.
2. HB10 by Rep. Chris England would allow persons with felony drug convictions who have served their time and paid all fines and restitution to be eligible for public assistance (housing, food stamps etc..) Starving people over petty drug convictions only increases crime and makes children, who have nothing to do with what their parents may have done, go hungry.
3. HB23 is the Records Expungement bill sponsored by Rep. Chris England and would allow persons arrested but never convicted of a crime to have all records, including photos and fingerprints expunged from the court. This bill makes complete sense. People who have not been convicted of a crime but have a record are denied jobs, housing, public assistance if they need it and have problems when they travel across borders. For a while when I was traveling to Canada a great deal an additional $1000 was required because an immigration lawyer had to be retained in Canada on my behalf just so I could clear customs.
4. HB128 sponsored by Rep. Chris England would allow first time felony offenders whose crimes did not include moral turpitude to be sentenced to no more than three years in jail, prison or treatment and cap fines that could be imposed. Once the sentence is completed the record of defendant would be wiped clean.
5. HB129 Sponsored by Rep. Chris England - This bill would require probation and parole officers to provide probationers with periodic compliance incentive status updates to afford probationers with the opportunity to understand their compliance status.
This bill would also allow a probationer serving a probationary sentence of greater than one year to receive an automatic compliance incentive review upon completing two-thirds of the probation period or suspension of sentence.
This bill would allow probationers to be transferred to unsupervised probation if in satisfactory compliance with the terms and conditions of probation, including the payment of court-ordered fines and costs, as well as restitution.
6. HB134 Sponsored by Rep. Rod Scott - Under existing law, the driver's license of a person convicted of a drug offense or adjudicated a juvenile delinquent when the underlying offense is a drug offense is required to be suspended for six months.
This bill would delete the requirement for the suspension for all drug offenses except trafficking in illegal drugs.
The bill would also provide for the certification of this act to the United States Department of Transportation by the Governor.
7. HB193 Sponsored by Rep. Mike Jones - The Common Sense Consumption Act - This bill would prohibit lawsuits based on claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.
8. HB225 Sponsored by our favorite Representative Patricia Todd -
SYNOPSIS: Under existing law, there is no provision to create and maintain a statewide registry of convicted animal abusers.
This bill would require the annual registration of each animal abuser with the local sheriff's department in the county of the abuser's residence and would provide for fines and penalties for violations.
This bill would require each county sheriff to maintain a local registry of animal abusers; to provide this information to certain residents, businesses, and schools; and to forward the registration information to the Department of Public Safety.
This bill would require the Department of Public Safety to create and maintain a central registry of animal abusers that can be assessed by the public.
9. HB247 Sponsored by Rep. Patricia Todd - Under existing law, additional penalties are imposed against a person if the offense committed is motivated by the victim's race, color, religion, national origin, ethnicity, or physical or mental disability.
This bill would provide for those additional penalties for crimes motivated by the victim's sexual orientation or gender identity or expression.
10. HB226 Sponsored by Rep. Patricia Todd - Under existing law, State Department of Education is required to develop a model policy for local school boards pertaining to student harassment prevention. Currently, the term "harassment" does not specifically include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual who is associated with the student.
This bill would expand the definition of "harassment" to include as a characteristic of a student the gender identity or sexual orientation of the student or of the individual with whom the student associates.
(NOTE:) I have a deeply personal interest in the two bills above. My daughter is perceived to be gay by her peers. This perception comes from her extreme modesty because she doesn't dress like a hooker and try to throw her ass on every boy who walks by. Whether she is gay or not is no ones fucking business but hers and her family's. Every day at school she is tormented by vicious hillbilly idiots that could have been cast in 'Deliverance'. Last week she was locked in a closet and the door was barricaded. If she'd had a medical emergency (and that was very possible as she has been having some pretty serious medical problems of late) or if there had been a fire or weather emergency then my daughter could have died and I would right now be in jail for exacting revenge sans the judicial process. The school does only the very minimum when it comes to doling out punishments to the kids who torment her. In the above mentioned case the vicious kids involved were given a few days of in school suspension. After this happened the ring leader of the kids who did this took it to Facebook. I saved the page and printed it out and turned it over to the school resource officer who said there might be enough there to file harassing communications charges. If there is enough you can bet your ass that I will be filing those charges and hope the punk who did this goes to juvenile detention. We'll see how he likes being locked up against his will. Every kid deserves to learn in a non-hostile environment regardless of race, religion, disability or perception of sexual orientation.
11. SB17 Sponsored by Rep. Cam Ward - Under existing law, to gain ballot access, an independent candidate for office must file a written petition signed by at least three percent of the qualified electors who cast ballots for the office of Governor in the last general election.
This bill would reduce the number of names of qualified electors required for independent candidates for statewide office to gain ballot access.
12. HB147 - Sponsored by By Representatives McMillan, DeMarco, Ford, Scott, Hill, Newton (D) McClendon, Johnson (R) Millican, McCutcheon, Treadaway, Thomas, Weaver, Wood, Ison, Boothe, Greer, Collins, Nordgren, Galliher, Roberts, Clouse, Mask, Hubbard (M) Brown and McClurkin
This bill would outlaw the use of gas chambers in Humane Society Shelters. Before I became aware of this bill I thought that when an animal that hadn't found a forever home was put down in a shelter that they were put to sleep just like at the vet's office. Turns out it isn't nearly as humane as that. What they really do is load bunches of dogs or cats into a GAS CHAMBER and gas them. Before sweet death finally comes these poor animals urinate and defecate on themselves and tear each other apart out of fear. Makes me want to cry just thinking about it. This bill would mandate that animals who have to be euthanized are done so with a shot....just like at the vets office.
Please have your pet spayed or neutered so that they don't add to the problem of unlove3d and unwanted animals. When the pitbull puppy showed up here a few weeks ago I called the local shelter to see if it was a no kill. It wasn't. And the lady on the phone told me that last year they had taken in 6000 dogs who were strays or dumped. She said in the first hour and a half of that morning 12 dumped dogs were brought in. How awful. So, take your furry friends to the vet for the snip snip and stop adding to the problem.
Bills to Kill
1. HB91 - Sponsored by Rep. Gaston - This bill would add the following to the Schedule I of the controlled substances list: 3,4-Methylenedioxymethcathinone (Methylone), 3,4-Methylenedioxypyrovalerone (MDPV), 4-Methylmethcathinone (Mephedrone), 4-Methoxymethcathinone, 3-Fluoromethcathinone, and 4-Fluoromethcathinone.
This action would make the drugs subject to regulation and penalties in the same manner as other controlled substances.
2. HB163 - Sponsored by Rep. Farley - Under existing law, the possession of certain named chemical compounds of synthetic cannabinoids is prohibited and subject to criminal penalties. Possession of the substances is a Class C felony except possession for personal use on the first offense is a Class A misdemeanor.
This bill would add certain named chemical compounds of synthetic cannabinoid to the law and would specify that any other chemical compound capable of exhibiting cannabinoid like psychoactivity would be prohibited. Violations would be subject to the existing penalties.
(NOTE: We have plenty of failed drug laws on the books and the last thing this state needs is more. Passage of these two laws would mean more people in prison and more tax dollars wasted to keep them there. Not to mention that the Chief Justice of the Alabama Supreme Court and Republican Governor Robert Bentley are promoting changes to existing drug laws (marijuana) in order to keep people out of prison for personal possession as well as pushing for the release of those currently in prison for marijuana possession. Also, it's important to point out that current prohibition laws are responsible for the rise in synthetic substitutes. In six months there will be a new designer synthetic on the market. This is 'feel good' legislation that needs to die a quick death. Both of these bills have had their second read in the judiciary committee. Please contact the members of the judiciary committee and ask them to kill these bills. )
3. HB157 Sponsored by Rep.'s Rich, Long, Greer, Hammon, Baughn, Nordgren and Collins - Under existing law, there is no requirement that a welfare recipient of TANF, food stamps, or Medicaid must be tested for substance abuse. Also under existing law, there is no requirement that any adult applying for TANF, food stamps, or Medicaid must be tested for substance abuse if there is a reasonable suspicion of the appearance or demeanor of the applicant that implies that the applicant may be under the influence of a controlled substance.
This bill would make such requirements.
This bill would provide for the Department of Human Resources to be responsible for testing; would provide that any positive test results are not admissible in any criminal proceeding; would provide that any adult who fails the test or refuses to take the test would be ineligible for TANF, food stamps, or Medicaid; and would provide for the department to promulgate rules pursuant to the Administrative Procedure Act to implement this act.
(Note: This bill will ensure that innocent children go hungry and without medical care because of something their parents might have done. Drug testing for these services means that poor people or people who have recently lost their jobs due to the economy no longer have any privacy rights. Please remember that a positive drug test does not mean that said drugs were purchased with money that should have been spent on medical care or groceries. Then there is the issue of a false positive which is far more common than people think. Many over the counter medications can cause a false positive on a drug screen. Also, why only illegal drugs? If the purpose of this bill is to make people spend money on the things they should spend it on then why not also test for alcohol, tobacco and cheeseburgers from McDonald's? In my opinion the only ones who should be drug tested are elected officials, state employees and law enforcement personnel. Not poor people who need a little help to feed their families. Let's start at the top and drug test the people who have all the power in this state and all the taxpayer money at their disposal and make all the laws that they themselves are not subject to. Last but not least...you should always fight attempts to make laws that require that you hand over your bodily fluids to the damn government.)
4. HB8 Sponsored by Rep. Long - This bill shall be known as the "Alabama Women Become Property of the State Upon Catching Pregnant Act (title mine). Existing law makes it a crime to knowingly, intentionally, or recklessly expose a child to a controlled substance, chemical substance, or drug paraphernalia.
This bill would clarify the term "child" to include an unborn child in utero at any stage of development regardless of viability. This bill would establish venue for prosecution for exposure in utero in the county where the child is born. This bill would create a rebuttable presumption of exposure in utero if both the mother and the child test positive for the same controlled substance not prescribed by a physician.
(Note: What this bill would really do is deter expectant mothers from seeking out critical prenatal care and rip apart families. No one thinks its a good idea for women to use drugs of any kind, including alcohol and tobacco, while pregnant. However addiction doesn't go away overnight upon becoming pregnant. If a pregnant woman is using drugs then treatment and parenting classes would be the best way to ensure she stops using drugs and is able to care for her child. Not prison. Not DHR. If this bill were really about the health of an infant then alcohol and tobacco which are both proven to cause birth defects would be included. This is another piece of feel good legislation that needs to die quickly.)
5. HB56 Sponsored by By Representatives Hammon, Collins, Patterson, Rich, Nordgren, Merrill, Treadaway, Johnson (R) Roberts, Henry, Bridges, Gaston, Johnson (K) Chesteen, Sanderford, Williams (D) McClendon, Wren, Williams (J) Hubbard (M) Williams (P) Baughn, Moore (B) Long and Canfield.
This is the Arizona style anti-immigration bill and it is absolutely terrible. It legalizes racial profiling (as if we didn't have enough of that already)and would waste tax dollars by deporting Hispanics who are determined to be here without the proper paperwork. Deporting Hispanics before the border is gotten under control is insane. They will just come right back and be deported again and again and again. Do we have a problem concerning immigration? Yes. We do. Is this the way to solve it....by demanding to see someones papers (Nazi Germany anyone?), racial profiling, and tearing apart families who only came here for a better life? NO. Why is there so much hate in this state? People here seem to thrive on it. Anyone they can put down, sic the cops on, be biased against due to skin color they love it. It seems to be a majority of Alabama citizens too. Or a damn loud minority. Where is all the Christian love and compassion which Jesus taught?
There will be other bills added to this list as they are filed. If you've looked around ALISON and have seen a bill that should be added to either of these lists please email me or post on this thread.
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