News & Updates

Alabama adds “battery-powered” devices carrying a variety of substances to the 21-or-over requirement; effective Oct. 1

Act No. 2024-79
By Sen. Vivian Davis Figures, D-Mobile

As of Oct 1, it will be illegal for anyone younger than 21 to buy, use or possess a battery-powered electronic device that delivers any e-liquid, e-liquid substitute, tobacco, CBD oil, THC oil, herbal extract or nicotine salt.

On April 16, Gov. Kay Ivey signed Act No. 2024-79 by Sen. Vivian Davis Figures, D-Mobile. The Alabama House approved the legislation April 4 and the Senate OK’d it March 5.

Under the new law, a violation is committed upon “mere possession” of an electronic nicotine delivery system or other electronic battery-powered device, no matter the e-liquid or other substance, if any, used in the device. The bill does not apply to devices prescribed by a doctor to deliver medicine.

It also requires law enforcement to “make reasonable efforts” to notify parents or guardians if someone under the age of 21 is cited for possession of a vaping device. Similar legislation by Figures died on the House floor without consideration on the last day of the 2023 regular session. Her 2024 bill was co-sponsored by Alabama’s other 34 senators and received unanimous approval in the House.

RELATED LEGISLATION
Further vape regulation/enforcement dies on last day of 2024 regular session

This article is part of the Alabama Retail Report, a communication for Alabama Retail Association members. Not a member? Join us!

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