The Alabama House of Representatives has passed House Bill 72, sponsored by Rep. Patrick Sellers, D-Birmingham, despite pushback from fellow Democrats.
Sellers’ bill looks to expand Alabama’s criminalization of marijuana use, making it a Class A misdemeanor to smoke or vape marijuana in any motor vehicle when a child is present. In addition to facing a criminal penalty of up to a year in prison and a $6,000 fine, any individual who violates the law would be required to attend an education course developed by the Alabama Department of Public Health. Law enforcement would also be required to notify the local county department of human resources of any such incidents.
Additionally, HB72 would mandate that any individual who is a mandatory reporter under Alabama law must report when a child smells of marijuana, with that report being treated as an instance of known or suspected child abuse or neglect.
Several Republican lawmakers indicated their support for the bill and thanked Sellers for introducing the legislation on the House floor Thursday. However, Sellers’ bill also faced pushback, primarily from fellow Democratic members who raised concerns over additional criminalization, the potential for exacerbated racial profiling, and unfair punishment of parents for the actions of their children.
Rep. Juandalynn Givan, D-Birmingham, told Sellers that HB72 gave her “consternation,” fearing that the legislation could create an opening for further racial profiling of Black Alabamians by law enforcement.
“There has already been so much criminalization, especially of people of color,” Givan said.
Additionally, Givan argued that marijuana use is already sufficiently criminalized under Alabama code, and raised concerns over how the bill’s provisions could potentially interfere with legal medical marijuana use. She said she did not expect such legislation to come from a fellow Democratic lawmaker.
Representative TaShina Morris, D-Montgomery, echoed Givan’s criticism, and added that she disagreed with the bill’s definition of a child as “any individual under 19 years of age.” Morris argued that a parent should not be implicated on charges of child abuse or neglect if their 18-year-old child, who is considered a legal adult, is reported for smelling of marijuana.
Representative Rolanda Hollis, D-Birmingham, also took issue with HB72, arguing that a child could go to school smelling of marijuana without their parent’s knowledge, or that a child could smell of marijuana without having smoked marijuana themselves.
For instance, Hollis posed a scenario in which a younger child’s clothing comes in contact with an older sibling who had been smoking marijuana unbeknownst to their parent. Hollis argued that the parent should not face criminal consequences if the younger child then goes to school and is reported for smelling of marijuana.
Sellers retorted that a parent should know what is happening in their household and be held liable regardless.
“I think every parent knows what goes on in their house, and if they don’t, they should,” Sellers told Hollis.
“If a child is smoking marijuana, you know because you smell it,” he added.
Representative Kenneth Paschal, R-Pelham, also raised concerns over the bill’s requirement that incidents be reported to local county departments of human resources. He argued that the provision could cause innocent parents to be unfairly added to DHR databases.
Despite these concerns, Sellers’ bill went on to receive overwhelming support from the chamber, passing by a vote of 77 Yeas to 2 Nays with 18 abstentions. The legislation will now move to the Senate.
