SB141 Alabama 2023 Session

Summary

Primary Sponsor

Linda Coleman-MadisonSenator

Democrat

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Section 26-15-3.2 of the Code of Alabama 1975, to further provide for chemical endangerment of a child; to require a confirmatory positive drug test before an agency or law enforcement initiates any action for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

SB141 would reclassify child endangerment involving marijuana as a Class A misdemeanor, require a confirmatory positive drug test before enforcement actions, and address local-funding implications under Alabama law.

What This Bill Does

It changes chemical endangerment of a child when the exposure involves marijuana or drug paraphernalia from a felony to a Class A misdemeanor. It keeps exposure to other controlled substances or drug paraphernalia as a Class C felony, with higher penalties if the child suffers serious physical injury (Class B) or death (Class A). It adds a requirement that a confirmatory positive drug test must be obtained before enforcement actions such as reporting, arrest, conviction, or a DHR assessment. It also provides an affirmative defense if the substance was lawfully prescribed and given according to prescription instructions, and it notes a local-funding impact but says the bill is exempt from certain constitutional requirements, becoming effective after a specified period following passage.

Who It Affects

• Parents, guardians, or other responsible persons who expose a child to marijuana or drug paraphernalia (would face a Class A misdemeanor).
• Law enforcement, the Department of Human Resources, and local government entities (enforcement actions require a confirmatory positive drug test; local-funding implications are addressed by constitutional exemptions).

Key Provisions

• Exposure to marijuana or drug paraphernalia by a child is a Class A misdemeanor (instead of the prior classification for marijuana exposure).
• Exposure to other controlled substances (excluding marijuana) or chemical substances remains a Class C felony; serious injury creates a Class B felony; death creates a Class A felony.
• A confirmatory positive drug test must be obtained before enforcement actions are taken (reporting, arrest, conviction, or DHR assessment).
• Affirmative defense available if the substance was lawfully prescribed and administered according to the prescription instructions.
• The bill notes a local-funding impact but is exempt from Section 111.05 approval requirements due to constitutional exceptions, and it becomes effective on the first day of the third month after passage.

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