HB490 Alabama 2019 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Session

Regular Session 2019

Title

Drugs, prohibit unlawful sale of drug paraphernalia and controlled substances near church, prohibit sales of drug paraphernalia near school, Secs. 13A-12-250, 13A-12-260 am'd.

Summary

HB 490 would ban selling drug paraphernalia near schools and churches and impose new prison penalties for selling drugs or paraphernalia in those areas.

What This Bill Does

It prohibits the sale of drug paraphernalia on or within three miles of a school campus and on the grounds of or within three miles of a church or place of worship, and it adds criminal penalties for those offenses. It creates five-year prison terms for unlawful sales of controlled substances if the sale occurs near schools or near churches. It also defines drug paraphernalia and sets various penalties for using, possessing with intent to use, delivering, or selling paraphernalia, including cases involving minors. The bill notes a constitutional funding exception so it would not require local government approval to take effect because it creates a new crime.

Who It Affects

• People who sell controlled substances near schools or churches would face five-year prison terms.
• Sellers and users of drug paraphernalia would be subject to new penalties, including potential Class A misdemeanors or higher (Class C or B felonies in certain cases).
• Adults who deliver paraphernalia to someone under 18 could be charged as a Class B felony.
• Public schools, churches, and their surrounding communities would see heightened enforcement of these offenses.

Key Provisions

• Amends 13A-12-250 to impose a five-year incarceration (no probation) for unlawful sale of a controlled substance if the sale occurs on a school campus or within three miles of campus.
• Amends 13A-12-250 to impose a five-year incarceration (no probation) for unlawful sale of a controlled substance if the sale occurs on church grounds or within three miles of a church.
• Defines drug paraphernalia in 13A-12-260 and sets penalties for use or possession with intent to use (Class A misdemeanor) and for delivering or selling paraphernalia (generally Class A misdemeanor, with Class C felony for subsequent violations and Class B felony if a firearm is involved).
• Adds five-year prison terms for the sale of drug paraphernalia on or near school grounds or church grounds (within three miles).
• Allows for forfeiture of drug paraphernalia as contraband under the state’s forfeiture laws.
• Effective date: the act becomes law on the first day of the third month after passage and governor’s approval.
• Section 2 states the bill is exempt from certain local-funding approval requirements because it defines a new crime or amends an existing one.

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

Subjects

Drugs