Authorities: Order doesn’t change state marijuana law
RUSSELLVILLE — Franklin County Sheriff Shannon Oliver has disappointing news for anyone who hopes Donald Trump’s executive order that could reclassify marijuana would make it legal in Alabama.
“It is still illegal,” Oliver said. “It’s definitely not going to change the fact.”
Trump recently signed an order declaring, “The Attorney General shall take all necessary steps to complete the rulemaking process related to rescheduling marijuana to Schedule III” and that it be one “in the most expeditious manner.”
Oliver said he expected people to call his office to ask about the order, but they have been silent.
“I’m surprised people haven’t been calling more asking about it,” he said.
Russellville Police Chief Chris Hargett said the order does not pertain to recreational marijuana use.
“It’s my understanding it would be basically for medical uses, where they can do testing and things like that,” Hargett said.
Marijuana currently is a Schedule I drug, which the Drug Enforcement Agency considers drugs “with no currently accepted medical use and a high potential for abuse,” according to information on the DEA’s website. It lists heroin and LSD among examples of other Schedule I drugs.
Schedule III drugs have “a moderate to low potential for physical and psychological dependence,” according to the website information. It lists products containing less than 90 milligrams of codeine per dosage unit, ketamine, anabolic steroids, and testosterone among examples.
Florence Police Chief Mike Holt said a change would not impact Alabama.
“It doesn’t change how we currently enforce marijuana laws,” Holt said. “For a state law to change, it would have to be enacted by the state legislature.”
Lauderdale County Drug Task Force Director Chuck Hearn said the law remains the same as always in Alabama.
“It really doesn’t change anything with us at this point,” Hearn said. “People may see that and think it’s legalized, but no, it’s not.”
“He’s not saying marijuana is going to become legal,” Colbert County Drug Task Force Director Curtis Burns said. “I don’t think it becoming a Schedule 3 is going to change anything for us.”
Lauderdale County District Attorney Chris Connolly said marijuana possession for personal use is a misdemeanor. He said a second possession offense can be charged as a felony.
Possession of 2.2 pounds or more is considered trafficking, which is a felony, Connolly said.
First-degree possession of marijuana is a felony and often is charged when authorities believe someone is selling it, regarding of quantity, he said.
In addition, unlawful distribution to a minor is a Class A felony.
