HB 72 Advances: Alabama Moves to Penalize Cannabis Use Around Minors in Cars

1 February 2026

Alabama residents may soon face stricter penalties for using cannabis in vehicles when minors are present, after the state House approved HB 72, a proposal that would classify the act as a Class A misdemeanor.

The measure passed by a 77-2 vote on January 29th, with multiple abstentions and now moves to the Senate. Lawmakers backing the bill describe it as a child safety effort, intended to reduce exposure to secondhand marijuana smoke and discourage drug use around young people.

Under the proposal, smoking or vaping marijuana in any motor vehicle with a person under 19 would be illegal, regardless of whether the car is in motion. Those convicted could face up to a year in jail, fines reaching $6,000, and mandatory participation in an educational program created by the Alabama Department of Public Health.

The bill also introduces reporting requirements that could extend beyond the traffic stop itself. Law enforcement would have to notify local Departments of Human Resources if a violation occurs. Meanwhile, teachers, school officials, and other mandatory reporters would be required to alert authorities if a child smells of cannabis, with such cases treated as possible child abuse or neglect.

Supporters argue the policy is straightforward. Rep. Patrick Sellers, who sponsored the legislation, said the intent is to protect children and ensure they grow up in safe environments.

But debate in the House suggested the issue is not entirely settled. Some lawmakers questioned whether the definition of a child, which includes 18-year-olds, might blur legal lines for parents whose children are technically adults. Others noted that a child could carry the odor of marijuana without having used it, or without a parent knowing.

There were also broader concerns about enforcement. Rep. Juandalynn Givan referenced the historical impact of marijuana laws on communities of color, suggesting the bill may echo patterns of criminalization seen in earlier drug policies.

Republican Rep. Kenneth Paschal raised a procedural concern, warning that reporting requirements could result in innocent parents being added to state welfare databases.

For Alabama’s cannabis landscape, the proposal reflects a regulatory posture that remains cautious. The state has taken limited steps toward medical cannabis access in recent years, and legislation like HB 72 may indicate that lawmakers are prioritizing child protection measures even as national attitudes toward marijuana continue to shift.

If the Senate approves the bill and it becomes law, residents, including medical cannabis users, may need to be particularly mindful about where consumption occurs. Parents and caregivers, especially, could face new legal exposure tied not only to their own actions but potentially to circumstances involving minors in their care.

The debate suggests that while protecting children draws wide agreement, the method for doing so still raises questions. Those discussions are likely to continue as the bill advances through the legislative process.