“It goes back to the heart of the criminalization of marijuana in certain communities. And those are the traditional communities of people of color.”
Andrea Tinker, Alabama Reflector author
The Alabama House of Representatives on Thursday passed a bill that would ban the smoking or vaping of marijuana in the 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 smoking marijuana in a car with a child under 19.
The bill passed 77-2 to 29 Democrats in the 105-member chamber after an open-ended debate about 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 children, protecting every child in the state of Alabama,” Sellers said after the meeting. “And that’s the motivation behind making sure every child has 100 percent ability to learn and stay safe in the best environment they can.”
According to the bill, people who are found to have smoked marijuana in a car with a child would have to go through an education program conducted by the Department of Public Health, and lawmakers would report it to local county human resources departments.
Several Democrats who have spoken out against the measure have cited the harm that tough drug laws have had on minority communities.
“It goes back to the heart of the criminalization of marijuana in certain communities,” Rep. Juandalynn Givan, D-Birmingham, said after the meeting. “And these are communities that are traditional communities of people of color.”
Givan also said House Democrats wanted to work with Sellers on the bill.
“The Democratic Party, in several attempts, has said that this is a bill that we should sit down and address,” he said. “I’m not sure why the bill sponsor hasn’t done that.”
Morris raised concerns during the debate about the bill’s definition of a child.
“So we’re holding a parent responsible for an 18-year-old who smells like marijuana,” he said. “We know that at the age of 16 and 17, especially as a result of going outside and going to different places, they are smoking, maybe even without their parents knowing.”
Rep. Rolanda Hollis, D-Birmingham, said during the debate that parents don’t know everything their children do.
“As a parent you may not know, and here I don’t know if the counselor or the principal can call you to say ‘Hey, this is what we smelled on your kid’s jacket, how are we going to do this?’ But instead, you made me go to a class for something I don’t know,” he said.
Asked after the meeting about Morris’ concerns about the bill’s age-related language, Sellers said parents should “stop making excuses” for their children.
“You know if 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 distinctive smell,” he said.
Sellers also asked how the bill will be settled if all the people in the car are high school students smoking marijuana. He said that high schools are compulsory journalists who have a process in place.
Messages seeking comment were left with the Alabama State Department of Education and Department of Human Resources on Thursday.
when asked about invoice On Thursday afternoon, House Minority Leader Anthony Daniels, D-Huntsville, said “some people don’t know the meat is greasy,” a saying used to describe someone who has to learn a lesson the hard way.
He will take the bill to the Senate.
This story was first published by the Alabama Reflector.