The bill amends Section 28-11-13 of the Code of Alabama 1975 to impose stricter prohibitions on the possession of electronic nicotine delivery systems (vaping devices) by individuals under 21 years of age. Key insertions include a broader definition of prohibited items, which now encompasses not only electronic nicotine delivery systems but also any electronic battery-powered device capable of delivering e-liquids, CBD oil, THC oil, and other substances through inhalation. Additionally, the bill specifies that mere possession of an electronic nicotine delivery system constitutes a violation, regardless of its contents. It also clarifies that employees under 21 may handle these products if they are acting within the scope of their employment and under the supervision of an adult.

The bill further stipulates that it is unlawful for individuals under 21 to present false identification to obtain tobacco-related products. It mandates that if a minor is cited for a violation, the citing agency must make reasonable efforts to notify a parent or guardian, unless the minor is emancipated. The bill is designed to create a new crime or amend existing definitions, thus exempting it from additional local funding requirements under Section 111.05 of the Alabama Constitution. The act will take effect three months after its passage and approval by the Governor.

Statutes affected:
Introduced: 28-11-14, 28-11-13
Engrossed: 28-11-14, 28-11-13