Alabama House Passes Enhanced Penalties for Cannabis Use Near Minors

The Alabama House of Representatives approved legislation Thursday that would increase criminal penalties for smoking or vaping marijuana in vehicles when children are present.

HB 72, which passed the House chamber, specifically prohibits the consumption of cannabis products in cars occupied by minors. The bill now moves to the Alabama Senate for consideration.

"It goes back to the heart of criminalization of marijuana in certain communities," critics of the legislation argued. "And those are communities that are communities typical of people of color."

The Legislative Push

The measure comes as Alabama continues to grapple with cannabis policy reform. While the state legalized medical marijuana in 2021, it maintains strict prohibitions on recreational use. HB 72 represents a tightening of enforcement around cannabis consumption, particularly where minors are involved.

The bill's sponsor has framed the legislation as a child safety measure, similar to existing laws around tobacco and alcohol consumption in vehicles. But the timing has drawn scrutiny from reform advocates who argue Alabama should be moving toward decriminalization rather than enhanced penalties.

Alabama's medical cannabis program, which launched product sales in 2023, has seen slow rollout compared to other medical-only states. The program restricts qualifying conditions and maintains tight regulatory controls on cultivation and distribution.

Equity Concerns Mount

Criminal justice reform advocates have raised concerns about disparate enforcement of cannabis laws in Alabama. Data from neighboring states shows that Black residents face arrest rates for marijuana possession at significantly higher rates than white residents, despite similar usage rates across racial groups.

The enhanced penalties in HB 72 could compound existing disparities in Alabama's criminal justice system. While the bill applies equally on paper, enforcement patterns in cannabis-related offenses have historically fallen disproportionately on communities of color.

Several Alabama lawmakers opposed to the measure pointed to the state's need to address expungement and equity issues in its existing medical marijuana framework before adding new criminal penalties.

What's Next

The bill now heads to the Alabama Senate, where it will face committee review before a floor vote. If approved by both chambers, it would go to Governor Kay Ivey's desk for final consideration.

The legislation arrives as several Southern states reconsider their cannabis policies. Kentucky launched medical marijuana sales in 2024, while Georgia and Mississippi have expanded their limited medical programs. Alabama remains one of the most restrictive states in the region for cannabis access.

For Alabama's nascent medical marijuana industry, the passage of HB 72 signals the state's continued cautious approach to cannabis policy. Industry stakeholders are watching closely to see whether lawmakers will address program expansion or maintain tight restrictions on both medical and recreational use.

The Senate is expected to take up the bill in the coming weeks as the legislative session continues.

This article is based on original reporting by www.marijuanamoment.net.