HB72 • 2026

Crimes & offenses; smoking or vaping marijuana in motor vehicle when child is present prohibited, criminal penalties provided, notification of Department of Human Resources required, mandatory reporting if child smells of marijuana required

Children Crime Education Healthcare

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Sellers
Last action: 2026-01-29
Official status: Pending Committee Action in Second House
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

HB72: Prohibits Smoking or Vaping Marijuana in Cars with Children

This law makes it illegal to smoke or vape marijuana inside a vehicle when anyone under age 19 is present and sets rules for reporting these incidents.

What This Bill Does

Makes smoking or vaping marijuana unlawful in any motor vehicle if a child is present, whether the car is moving or stopped.
Classifies breaking this rule as a Class A misdemeanor crime with penalties that include attending an education course developed by the Alabama Department of Public Health.
Requires law enforcement to notify local county departments of human resources when someone breaks this law.
Mandates that certain reporters must tell authorities if they notice a child smells of marijuana, treating it as suspected abuse or neglect.
Orders the Alabama Department of Public Health and other state agencies to create free public education materials about drug dangers for children.

Who It Names or Affects

Any person who smokes or vapes marijuana in a vehicle while a child under age 19 is present.
Mandatory reporters, such as teachers or medical staff, who must report if they smell marijuana on a child.
Law enforcement agencies that must notify human resources departments about violations.
The Alabama Department of Public Health and other state agencies tasked with creating education materials.

Terms To Know

Child: Any individual under the age of 19 years old according to this law.
Vape: To use an electronic nicotine delivery system as defined in state code Section 28-11-2.
Class A misdemeanor: A specific type of criminal offense that carries penalties under Alabama law, including a required education course for this violation.

Limits and Unknowns

The text does not list the exact fine amounts or jail time limits for a Class A misdemeanor.
The bill states it becomes effective on October 1, 2026.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

YME8B2N-1

R 219

Adopted

Plain English: This amendment makes it illegal to smoke or vape marijuana in a car with anyone under 19 present, requires reporting if a child smells of marijuana, and creates new penalties including an online education class.

It becomes a crime for any person to smoke or vape marijuana inside a vehicle when a child is there, even if the windows are open or the car is not moving.
People who must report abuse by law will have to call authorities immediately if they notice a child smells of marijuana.
Anyone caught breaking this rule faces a Class A misdemeanor charge and must take an online class about drug dangers around children.
Police officers are required to tell the local Department of Human Resources whenever someone is arrested for violating this new law.

The specific content or length of the virtual education course has not been detailed in this text, only that it must be created by state health officials.
This amendment does not take effect until October 1, 2026, so these rules are not active immediately.

Bill History

2026-01-29 House
Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 220 (Yeas 77, Nays 2)
2026-01-29 House
Motion to Adopt - Adopted Roll Call 219 (Yeas 92, Nays 0)
2026-01-29 House
Third Reading in House of Origin (Yeas 87, Nays 1)
2026-01-29 Senate
Pending Committee Action in Second House
2026-01-29 Senate
Read for the first time and referred to the Senate Committee on Judiciary
2026-01-29 House
Engrossed
2026-01-29 House
Public Safety and Homeland Security Engrossed Substitute Offered
2026-01-21 House
Read for the Second Time and placed on the Calendar
2026-01-21 House
Reported Out of Committee House of Origin
2026-01-13 House
Pending Committee Action in House of Origin
2026-01-13 House
Read for the first time and referred to the House Committee on Public Safety and Homeland Security

Official Summary Text

Crimes & offenses; smoking or vaping marijuana in motor vehicle when child is present prohibited, criminal penalties provided, notification of Department of Human Resources required, mandatory reporting if child smells of marijuana required

Current Bill Text

Read the full stored bill text

HB72 ENGROSSED
Page 0
HB72
YME8B2N-2
By Representative Sellers
RFD: Public Safety and Homeland Security
First Read: 13-Jan-26
PFD: 02-Dec-25
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HB72 Engrossed
Page 1
PFD: 02-Dec-25
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to add Sections
26-14-3.1 and 32-5A-332 to the Code of Alabama 1975; to
prohibit smoking or vaping marijuana in a motor vehicle when a
child is present; to provide penalties, including a virtual
education course; to require violations to be reported to the
Department of Human Resources; to require mandatory reporting
when a child smells of marijuana; and to require the Alabama
Department of Public Health, in collaboration with certain
other state agencies, to develop public education materials.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 26-14-3.1 and 32-5A-332 are added
to the Code of Alabama 1975, to read as follows:
§26-14-3.1
(a) Any individual who is a mandatory reporter under
Section 26-14-3 shall report to a duly constituted authority
when a child smells of marijuana.
(b) Any report under subsection (a) shall be treated as
a report of known or suspected child abuse or neglect under
this chapter.
§32-5A-332
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HB72 Engrossed
Page 2
§32-5A-332
(a) For the purposes of this section, the following
terms have the following meanings:
(1) CHILD. Any individual under 19 years of age.
(2) MARIJUANA. The same meaning as provided in Section
20-2-2.
(3) SMOKE. The same meaning as smoking in Section
22-15A-3.
(4) VAPE. To use an electronic nicotine delivery system
as defined in Section 28-11-2.
(b)(1) It is unlawful for any person, regardless of
age, to smoke or vape marijuana in any motor vehicle when a
child is present in the motor vehicle.
(2) This section applies to all occupied motor
vehicles, whether in motion or at rest, and whether the
windows of the motor vehicle are opened or closed.
(c) In addition to any other penalty provided by law
for the unlawful use of marijuana or operating a motor vehicle
under the influence:
(1) A person who violates this section shall be guilty
of a Class A misdemeanor;
(2) The court shall order the person to attend the
education course developed by the Alabama Department of Public
Health pursuant to Section 2; and
(3) The law enforcement agency shall notify the local
county department of human resources for appropriate action.
Section 2. (a) The Alabama Department of Public Health
shall develop a virtual education class about the dangers of
drug use around children. The class shall include, but not be
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HB72 Engrossed
Page 3
drug use around children. The class shall include, but not be
limited to, the negative impacts of marijuana and other drug
use around children and the dangers of exposing children to
second hand marijuana smoke.
(b) The Alabama Department of Public Health, in
collaboration with the Alabama Department of Mental Health and
the Alabama State Law Enforcement Agency, shall develop public
education materials to inform parents, caregivers, and the
public of the dangers of exposing children to marijuana smoke.
The materials shall be publicly available at no cost to the
public.
Section 3. This act shall become effective on October
1, 2026.
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HB72 Engrossed
Page 4
1, 2026.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Public Safety and
Homeland Security
................13-Jan-26
Read for the second time and placed
on the calendar:
1 amendment
................21-Jan-26
Read for the third time and passed
as amended
Yeas 77
Nays 2
Abstains 18
................29-Jan-26
John Treadwell
Clerk
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