Alabama lawmakers have approved legislation that would require certain professionals to report parents to state authorities if a child smells like marijuana smoke.
House Bill 72, filed by State Representative Patrick Sellers (D), passed the House Thursday by a vote of 77 to 2, with 18 abstentions. Only six Democrats voted in favor of the measure. The bill now heads to the Senate, although Sellers said he does not yet know who will carry it in the upper chamber.
Under the proposal, mandatory reporters would be required to notify the Department of Human Resources if a child smells of marijuana. Those reports would trigger an investigation similar to cases involving suspected child abuse or neglect.
The bill would also make smoking marijuana in a vehicle with a child present a Class A misdemeanor. Alabama law already makes smoking tobacco in a vehicle with children a criminal offense. Courts would be required to order anyone found in violation of the marijuana provision to complete an in-person education course developed by the Alabama Department of Public Health focused on the dangers of drug and marijuana exposure around children.
The bill prompted disagreement among Democrats during floor debate. Some lawmakers warned that the measure could lead to unintended consequences in how it is applied, including potential racial profiling and parents being held responsible for the actions of older teenagers.
Under Alabama law, individuals are considered children until they turn 19, meaning the proposal could apply in situations involving 18- and 19-year-olds.
State Representative Juandalyn Givan (D) was among the most vocal opponents, arguing that the legislation further criminalizes marijuana in a way that could disproportionately affect communities of color.
“It’s because of the unintended consequences. It is because that person may get stopped for a marijuana roach, or that person may be profiled, or because of the community that he or she comes from,” Givan said. “I think every Democrat that spoke today simply said, ‘We are for the rule of law, but there has to be a less restrictive means that we can accomplish this goal without further adding or enhancing the penalties of those, even someone 18 years of age who may have graduated from high school.”
