Alabama Bill to Make it a Crime to Consume Cannabis in Motor Vehicle with Children Passes House 

An Alabama bill that would make it a misdemeanor to smoke or vape cannabis in a motor vehicle with a child present last week passed the state House, according to the Alabama Political Reporter. The legislation was passed by a near-unanimous 77-2 vote (with 18 abstentions).   

The proposal would make it a Class A misdemeanor to smoke or vape cannabis in a motor vehicle when a child is present, imposing a potential penalty of up to a year in prison and a $6,000 fine. Those found to have violated the law would also be required to attend an education course developed by the Alabama Department of Public Health and would require that any individual who is a mandatory reporter under Alabama law must report when a child smells of cannabis, with the report being treated as an instance of known or suspected child abuse or neglect. 

The bill considers a “child” any person under the age of 19-years-old, which drew pushback from Democratic Rep. TaShina Morris, who argued that parents should not be implicated on charges of child abuse or neglect if their 18-year-old child – a legal adult – is reported for smelling of cannabis. 

Democratic Rep. Rolanda Hollis argued that a child could go to school smelling of cannabis without their parent’s knowledge, or that a child could smell of cannabis without having smoked it themselves. 

Republican Rep. Kenneth Pashal raised concerns that the bill’s reporting requirements could get innocent parents added to the state’s Department of Human Resources database. 

The proposal moves next to the state Senate.