Parental Substance Use as Child Abuse - Alabama

Citation: Ala. Code § 13A-12-218 

A person commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she manufactures a controlled substance enumerated in schedules I to V, inclusive, or possesses precursor substances in any amount with the intent to unlawfully manufacture a controlled substance, and two or more of the following conditions occurred in conjunction with that violation:

• Possession of a firearm
• Use of a booby trap
• The illegal possession, transportation, or disposal of hazardous or dangerous materials, or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, created a substantial risk to human health or safety or a danger to the environment 
• A clandestine laboratory operation that was to take place or did take place within 500 feet of a residence, place of business, church, or school
• A clandestine laboratory operation that actually produced any amount of a specified controlled substance
• A clandestine laboratory operation for the production of controlled substances listed in schedule I or schedule II
• The presence of a person under age 17 during the manufacturing process

Unlawful manufacture of a controlled substance in the first degree is a class A felony.

Schedules I to V controlled substances include opiates, opiate derivatives, hallucinogens, stimulants, depressants, and narcotics, as listed in §§ 20-2-23, 20-2-25, 20-2-27, 20-2-29, and 20-2-31.

Citation: Ala. Code § 26-15-3.2 

A responsible person commits the crime of chemical endangerment of exposing a child to an environment in which the responsible person does any of the following:

• Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in § 13A-12-260. A violation under this subdivision is a class C felony.
• Violates the subdivision above, and a child suffers serious physical injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia. A violation under this subdivision is a class B felony.
• Violates the subdivision above, and the exposure, ingestion, inhalation, or contact results in the death of the child. A violation under this subdivision is a class A felony.

The court shall impose punishment pursuant to this section rather than imposing punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or a longer term of imprisonment.

It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child, and that it was administered to the child in accordance with the prescription instructions provided with the controlled substance.

Citation: Ala. Code § 26-15-3.3

No one shall violate § 26-15-3.2, and no one shall be required to report under chapter 14 of this title, the exposing of an unborn child to any of the following:

• A prescription medication if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication pursuant to a lawful prescription
• A nonprescription FDA-approved medication or substance if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication or substance as directed or recommended by a physician or a health-care provider acting within the authorized scope of his or her license

No one shall be criminally liable under any Alabama law for the assistance or conduct of exposing the unborn child to a medication or substance if his or her assistance or conduct is allowed or accepted under the subsection above.