Alabama Bill to Criminalize Consuming Cannabis in Vehicles 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.