HB419 Alabama 2021 Session

Summary

Primary Sponsor

K.L. Brown

Republican

Session

Regular Session 2021

Title

Alcoholic beverages, drug paraphernalia and non-conforming pharmaceuticals, prohibited, Sec. 28-3A-25 am'd.

Summary

HB419 would bar retail Alcoholic Beverages Control Board licensees from selling drug paraphernalia or non-conforming pharmaceuticals and set penalties, while noting it creates a local-funds cost that is exempt from certain local-approval rules.

What This Bill Does

It adds a prohibition that retail liquor licensees may not sell, distribute, market, deliver, or display drug paraphernalia or non-conforming pharmaceuticals. It defines these terms and establishes penalties for violations, including warnings for first offenses and increasing penalties for repeat violations. It also imposes license suspension for certain underage-related offenses and sets an effective date; the bill notes a local-funds cost but falls under constitutional exceptions that avoid requiring local approval.

Who It Affects

• Retail liquor licensees and their employees: they would be prohibited from selling drug paraphernalia or non-conforming pharmaceuticals and face fines, possible jail time, and potential license actions for violations.
• Members of the public, especially those under 21: they could be affected by penalties for underage purchasing/possession and by potential license suspensions of offenders; law enforcement and local governments would handle enforcement and related records.

Key Provisions

• Adds 28-3A-25(a)(22): prohibits licensees from selling, distributing, marketing, delivering, or displaying drug paraphernalia or non-conforming pharmaceuticals; first violation triggers notification to cease sale and removal within 24 hours; second or subsequent violation creates a rebuttable presumption of knowingly selling.
• Defines 'drug paraphernalia' and 'non-conforming pharmaceuticals' for purposes of the prohibition.
• Penalties (b)(1): for violations of (1)-(17) or (22) – misdemeanor with fines of $100-$1,000; potential county jail or hard labor up to 6 months for first conviction; 3-6 months for second; 6-12 months for third and subsequent convictions.
• Penalties (b)(2): for violations of (18), (19), (20), or (21) – misdemeanor with fines of $50-$500; potential jail up to 3 months.
• License suspension (c): for conviction of (18) or (21), license to operate a motor vehicle surrendered for 3-6 months; order sent to the Alabama State Law Enforcement Agency.
• Effective date: the act becomes law on the first day of the third month after passage.
• Local-funds note: the bill would be interpreted as requiring a new or increased local-funds expenditure, but it is stated to fall within exceptions that do not require local entity approval under Amendment 621.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Alcoholic Beverages