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-HB72 INTRODUCED
-Page 0
-HB72
-7B9NA2E-1
-By Representative Sellers
-RFD: Public Safety and Homeland Security
-First Read: 13-Jan-26
-PFD: 02-Dec-25
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-7B9NA2E-1 11/07/2025 GP (L)lg 2025-2666
+FN-3PS6MZV-1
 Page 1
-PFD: 02-Dec-25
-SYNOPSIS:
-Under existing law, smoking tobacco products
-with a child in the car is a criminal offense.
-Also under existing law, smoking marijuana of
-any kind is prohibited under any circumstances.
-This bill would provide an additional criminal
-penalty of a Class A misdemeanor for smoking marijuana
-in a motor vehicle when a child is present in the motor
-vehicle, whether the motor vehicle is in motion or at
-rest and whether the windows are open or closed.
-This bill would require the court to order a
-person who violates the bill to take an in-person
-education course developed by the Alabama Department of
-Public Health about the dangers of drug and marijuana
-use around children.
-This bill would require law enforcement to
-report violations to the local county department of
-human resources.
-This bill would require mandatory reporters to
-report to the State Department of Human Resources or
-another duly constituted authority when children smell
-of marijuana smoke, and would require such reports to
-be treated and investigated as any other reports of
-suspected child abuse or neglect.
-This bill would also require the Alabama
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-HB72 INTRODUCED
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-This bill would also require the Alabama
-Department of Public Health to develop public education
-materials about the dangers of exposing children to
-marijuana smoke.
-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 an in-person
-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 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.
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-HB72 INTRODUCED
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-this chapter.
-§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 an in-person education class about the dangers
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-HB72 INTRODUCED
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-shall develop an in-person education class about the dangers
-of 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 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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+FISCAL NOTE
+House Bill 72
+Committee: Public Safety and Homeland
+Security
+Sponsor: Representative Patrick Sellers
+Analyst: Tiffany Weaver Date: 01/20/2026
+House Bill 72 as introduced could increase the administrative obligation of the Department of
+Human Resources (DHR) to provide service to children who smell of marijuana as reported by
+mandatory reporters.
+This bill will also increase the obligations of the Alabama Department of Public Health to: (1)
+develop an in-person education course about the dangers of drug and marijuana use around
+children to be attended by those who violate the crimes in this bill; and (2) develop education
+materials on the dangers of exposing children to marijuana smoke and made available to the
+public at no cost.
+Further this bill could also increase receipts to the State General Fund and municipal general
+funds from fines; increase receipts to the State General Fund, county general funds, municipal
+general funds, and other funds to which court costs are deposited; and could increase the
+obligations of the State General Fund, district attorneys, and local jails by an undetermined
+amount dependent upon the number of persons charged with and convicted of the offenses
+provided by this bill and the penalties imposed.