Alabama Lawmakers Pass Bill To Increase Penalties For Smoking Marijuana In A Car Where A Child Is Present

“It goes back to the heart of criminalization of marijuana in certain communities. And those are communities that are communities typical of people of color.”

By Andrea Tinker, Alabama Reflector

The Alabama House of Representatives Thursday passed a bill that prohibits smoking or vaping marijuana in a car with children.

HB 72, sponsored by Rep. Patrick Sellers, D-Pleasant Grove, would make it a Class A misdemeanor, punishable by up to a year in jail,  for those who smoke marijuana in a car with a child under 19.

The bill passed 77-2 after an unusual debate largely limited to the 29 Democrats in the 105-member chamber over potential unintended consequences. Most Democrats abstained from the vote. Four voted in favor; Reps. Mary Moore, D-Birmingham and TaShina Morris, D-Montgomery, voted against the bill.

“It’s about protecting the children, protecting every single child in the state of Alabama,” Sellers said after the meeting. “And that’s the motivation behind making sure that every child has the 100 percent ability to learn in the best environment that they can and keep them safe.”

Under the bill, individuals who are found to have smoked marijuana in the car with a child would be required to go through an educational program conducted by the Department of Public Health and would be reported by law enforcement to local county human resources departments.

Several Democrats who spoke on the measure cited the toll that harsh drug laws had taken on minority communities.

“It goes back to the heart of criminalization of marijuana in certain communities,” Rep. Juandalynn Givan, D-Birmingham, said after the meeting. “And those are communities that are communities typical of people of color.”

Givan also said House Democrats had wanted to work with Sellers on the bill.

“The Democratic Party, on several attempts, said that this is a bill that we might need to sit down and curate,” she said. “I’m not sure why the sponsor of the bill did not do that.”

Morris raised concerns about the bill’s definition of a child during debate.

“So we’re making a parent responsible for an 18-year-old who has a marijuana smell on them,” she said. “We know at the ages of 16 and 17, especially with the influence of walking outside and going different places, that they are smoking, maybe without the parent even knowing.”

Rep. Rolanda Hollis, D-Birmingham, said during debate that parents don’t know everything that their child does.

“As a parent you may not know, and here I don’t know if the counselor or the principal can call you in to say ‘Hey this is what we smelled on your kid’s jacket, how are we gonna handle this?’ But instead you got me going to a class for something I don’t even know about,” she said.

When asked after the meeting about Morris’ concerns about the bill’s language regarding age, Sellers said parents should “stop making excuses” for their children.

“You know whether or not your child is smoking marijuana. If someone lives in your house, you know they’re smoking marijuana because you can smell it. It’s a distinct smell,” he said.

Sellers was also asked how the bill would be implemented if all of the individuals in the car are high school students who have been smoking marijuana. He said the high schools are already mandatory reporters who have a process in place.

Messages seeking comment were left with the Alabama State Department of Education and the Department of Human Resources Thursday.

When asked about the bill Thursday evening, House Minority Leader Anthony Daniels, D-Huntsville, said “some people don’t know fat meat is greasy,” a saying used to describe someone who must learn a lesson a hard way.

The bill moves to the Senate.

This story was first published by Alabama Reflector.