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

HB72 ENGROSSED
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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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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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§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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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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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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