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 Department of Public Health to develop public education materials about the dangers of exposing children to marijuana smoke.

Statutes affected:
Introduced: 26-14-3, 32-5A-332