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Alabama's New Vaping Laws

News Staff • August 8, 2023

This month new laws in Alabama concern vaping

Gulf Shores News Vaping Laws

This month the State of Alabama has started enforcement of new laws concerning vaping. One laws which was passed in April, bans the use of smoking or vaping while in a vehicle that is carrying passengers that are 14 years of age or younger.


The restriction on using either of these products applies whether the vehicle windows are rolled down or whether the vehicle is in motion or at rest. Violators could receive up to a $100 fine.


Other Alabama laws concerning vaping pertain to age of consent, packaging, definition of vape devices and advertising. These laws were defined in Ala. Code § 28-11-13(a) (2023)


RESTRICTIONS ARE IN PLACE FOR RETAIL OR YOUTH ACCESS


  • Sale of electronic nicotine delivery systems to persons under age 21 prohibited.
  • Purchase, use or possession of electronic nicotine delivery systems by persons under age 21 prohibited.
  • A county may not issue a specialty retail license for sales of electronic nicotine delivery systems if the retail business is located within 1,000 feet of a school, child-care facility, church, public library, playground or park, or other youth-centered facility or space after January 1, 2020 (unless retailer is a specialty shop that has been in business at that location for 18 consecutive months).
  • Specialty retailers or manufacturers of electronic nicotine delivery systems may not use the brand name of such product to sponsor scholarships, events for which individuals aged 21 years or older make up less than 85 percent of performing participants, nor advertise in print or digital publications for which individuals aged 21 years or older make up less than 85 percent of the readership.
  • Advertising electronic nicotine delivery systems on a billboard as available in flavors other than tobacco, mint or menthol or within 1,000 feet of any school or public playground prohibited.
  • Delivery sales of electronic nicotine delivery systems may only be made after obtaining a permit for delivery sales, verifying the age and address of the purchaser through a third-party verification service, and taking payment through a credit or debit card in purchaser’s name.


Vaping crackdowns are expected to occur on many school campuses this year as well. If you, or someone you know need assistance in quitting the vaping habit the State of Alabama has an online resource center:  HERE

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