HB378 Alabama 2018 Session

Summary

Primary Sponsor

Corey Harbison

Republican

Session

Regular Session 2018

Title

Controlled substances, crimes and offenses, McGough's Law, created, unlawful distrib. of controlled substance resulting in death, unlawful distrib. of controlled substance resulting in serious physical injury, Secs. 13A-6-5, 13A-6-20.1 added

Summary

HB 378 creates McGough's Law, making drug delivery that causes death or serious physical injury a Class B felony, with protections for health care professionals acting in legitimate practice.

What This Bill Does

It adds two new crimes: drug delivery resulting in death and drug delivery resulting in serious physical injury. Both apply when a person sells, furnishes, gives away, delivers, or distributes a controlled substance in violation of Alabama law and that use contributes to death or serious physical injury, without the intent to cause those outcomes. Health care professionals and pharmacists acting in legitimate healing arts are exempt. The bill includes a constitutional note about local-funding requirements but states it is exempt from those requirements because it creates new crimes. It becomes effective on the first day of the third month after the Governor signs it.

Who It Affects

• People who illegally distribute controlled substances: could be charged with a new Class B felony if their drug delivery contributes to death or serious physical injury of a person who used the substance.
• Health care professionals and pharmacists acting in legitimate healing arts: exempt from these new crimes.

Key Provisions

• Creates drug delivery resulting in death (13A-6-5) as a Class B felony when the substance's use contributes to death.
• Creates drug delivery resulting in serious physical injury (13A-6-20.1) as a Class B felony when the substance's use contributes to serious physical injury.
• Requires absence of intent to cause death or serious physical injury; applies to selling/furnishing/delivering/distributing a controlled substance in violation of 13A-12-211.
• Excludes health care professionals and pharmacists in the legitimate practice of healing arts from these new crimes.
• Includes a constitutional local-funding clause, but the bill is described as exempt from local-funding requirements because it defines new crimes.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Controlled Substances