This bill amends Section 28-11-13 of the Code of Alabama 1975 to strengthen prohibitions on the possession of electronic nicotine delivery systems by individuals under 21 years of age. The amendment clarifies that it is unlawful for individuals under 21 to purchase, use, possess, or transport not only tobacco and tobacco products but also electronic nicotine delivery systems or other electronic battery-powered devices capable of delivering various substances through inhalation of vapor. The bill specifies that a violation occurs upon mere possession of such devices, regardless of the substance contained or used in the device. It also maintains that it is not unlawful for individuals under 21 who are employees of permit holders to handle, transport, or sell these products within the scope of employment, provided an employee of age 21 or older is present.

The bill further states that it is unlawful for individuals under 21 to present false identification to obtain tobacco products or electronic nicotine delivery systems. It requires that efforts be made to notify a parent or guardian if a minor is cited for violations under this section. The bill excludes devices used to deliver prescribed medication from these prohibitions. Additionally, the bill is exempt from the requirements under Section 111.05 of the Constitution of Alabama of 2022, which pertains to new or increased expenditure of local funds, because it defines a new crime or amends the definition of an existing crime. The act is set to become effective on October 1, 2024.

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