House passes bill to hold parents responsible if their child goes to school reeking of marijuana

January 29, 2026 – MONTGOMERY – The Alabama House of Representatives passed legislation that, if enacted, would make it illegal for any person to smoke or vape marijuana in any motor vehicle when a child under 19 is present. This applies whether the vehicle is moving or parked, and whether the car's windows are open or closed.

House Bill 72 is sponsored by state Representative Patrick Sellers (D-Birmingham).

Sellers explained that HB72 is a "Bill that deals with smoking marijuana with kids in a car."

"This is a bill to protect all of our children across Alabama," said Sellers. "We are protecting every child in our state."

Some of Sellers' Democratic colleagues worried that HB72 would result in more Black people getting stopped by law enforcement.

Givan

"At the end of the day we still have a problem in this state and this country with criminalization of people of color," said Givan. "I don't try to go inside people's homes and cars."

"If you're going to smoke you're going to smoke," Givan said.

Givan said that she is concerned about a bill that criminalizes marijuana because it disproportionally affects people of color. Givan said that she is opposed, "Because of the things that happen at traffic stops."

Sellers said that he authored the bill after "Principals and teachers came to me concerned about children coming to school reeking of the smell of marijuana."

House Bill 72 creates a new criminal offense in Alabama. It makes smoking or vaping marijuana in a motor vehicle with a child present a Class A misdemeanor. It also requires that mandatory reporters report to the state Department of Human Resources if a child come to school smelling of marijuana. DHR would treat the matter as an investigation of child abuse or neglect.

HB72 makes it unlawful for any person to smoke or vape marijuana in any motor vehicle when a child under 19 is present. A violation would be a Class A misdemeanor, punishable by up to one year in jail. The Alabama Department of Public Health will be tasked with preparing a mandatory course for anyone convicted of this crime. The course would cover the dangers of drug use around children and the risks of secondhand marijuana smoke. Law enforcement must also notify DHR after any violation.

The bill also orders a public education campaign. ADPH working with the Department of Mental Health and ALEA, must create public education materials warning about exposing children to marijuana smoke. These materials must be free and publicly available.

Givan warned that there will be "unintended consequences" if this becomes law.

"Its about protecting the children," Sellers emphasized. "Smoking marijuana in Alabama is already illegal."

Sellers cited a research study that showed that marijuana harms a child's brain development and that children who come to school after a car ride full of marijuana smoke is impaired in their ability to learn for the first few hours of the school day.

Rep. Tashina Morris suggested that parents can't control what their children do and suggested that a kid might swap coats with one of their friends accidentally thus come to school smelling of marijuana.

Rep. Sellers responded, "Stop giving excuses for them. This is about protecting children."

Rep. Kenneth Paschal (R-Pelham) said, "This bill requires that this will require that DHR be notified with each instance. I could make a phone call about you to DHR and they put you in a database for five years. Without any investigation Parents are placed in a database for five years."

Rep. Mack Butler (R-Rainbow City) said, "Marijuana causes psychosis and all kinds of health problems. We need to look at protecting children. I want to thank you for bringing this bill."

Givan said, "It is still not proven yet that people can suffer from secondhand smoke."

Givan said that she was concerned about racial profiling.

"This bill if it passes will have an impact in my community," said Givan. "This bill hurts my core."

HB72 passed the House by a vote of 77 to 2.

Givan told reporters afterwards, "I am not here to legislative morality."

Even though Sellers is a Democrat, Givan pointed out that no House Democrats voted in favor of the bill and predicted that the Senate will block Sellers bill when it gets there.

Sellers told reporters: "We know that the affects of children around marijuana is not good."

Sellers said that he has not yet found a Senator to carry his bill.

If passed SB72 would take effect on October 1, 2026.

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