Final push underway to tighten vaping regulations in Alabama

MONTGOMERY, Ala. — A multiyear effort to impose stricter regulations on electronic vaping devices in Alabama is just a few steps away from becoming law, but with time running out in the 2025 legislative session its sponsor is remaining cautiously optimistic.

Carried by Rep. Barbara Drummond, D-Mobile, House Bill 8 would raise the legal age for purchasing tobacco products from 19 to 21, outlaw vending machines that sell tobacco products outside of adult venues, establish a vaping awareness program for public schools and impose enhanced and escalating penalties for minors in possession of tobacco products.

The bill would also establish a new $150 annual permit fee for retailers selling tobacco products, plus a one-time $50 filing fee for new applicants, as well as escalating penalties for tobacco product sales violations. Fines include a $200 penalty for first violations, $750 for a second violation within two years, and a $1,000 fine for third and subsequent violations within two years, with continued violations potentially leading to possible suspension or revocation of permits.

“I’m hoping the third time is the charm,” Drummond said when introducing her bill on the House floor earlier this month. “I have been fighting for three years for our children, and this body has passed this same piece of legislation out of the House – and I must say I’m proud – unanimously.”

In 2019, Gov. Kay Ivey signed a similar tobacco regulation bill into law, House Bill 41, though it lacked a funding mechanism for enforcement. Drummond’s bill, which she has filed for the past three years, would generate around $2.5 million a year in revenue for enforcement, she said, giving the regulation more teeth.

“This piece of legislation has money for enforcement as well as education because as you all know, vaping is horrible when it comes to our children,” she said. “We don’t know what’s in those products.”

While the use of vaping products among American youth saw a significant drop from 2023 to 2024, more than 1.6 million high school and middle school students in the United States indicated they used vaping devices last year, per the U.S. Centers for Disease Control and Prevention. This represents a drop of nearly half a million users from the previous year.

Still, the use of vaping products among youth has remained a top concern for public officials, lawmakers and especially educators, who in some Alabama school districts have resorted to investing in high-tech vape sensors and same-day suspensions.

More from this section

Massive shark found dead on beach had plastic in stomach

Movies and TV shows casting in Huntsville

Australian kingpin obtains shorter sentence over drug charge

Last year, Drummond’s bill to tighten regulations on tobacco products passed out of the House unanimously, but was caught up alongside several other bills, in lengthy debates over gambling legislation. Earlier this month, HB8 passed out of the House, but in a vote of 89-9, and with the adoption of a substitute that imposed a $2,000 one-time fee for e-liquid manufacturers.

Rep. Susan DuBose, R-Hoover, was among those who voted against the measure, citing her support for the American Heart Association, which lobbied against the bill due to the inclusion of penalties against minors and adults under 21. Under the bill, minors caught in possession of tobacco products could be charged in juvenile court, and adults under 21, could be given mandatory community service or fines of up to $100.

“I have been a long-time volunteer for the AHA and take their research seriously,” DuBose told Alabama Daily News on Monday. “I believe we should hold adults accountable for the illegal sales to minors and not fine minors for their actions.”

Other organizations and parties have voiced opposition to the bill as well, including the American Vapor Manufacturers Association, which has said the proposed regulations could disproportionately harm the vape industry, as the bill would require all vape products be certified through the U.S. Food and Drug Administration, a sometimes lengthy and costly process difficult for small vape manufacturers.

At least for Alabama lawmakers, however, the bill saw strong, bipartisan support both in the House and as it made its way through various committees.

After passing out of the House, the bill passed out of the Senate Healthcare Committee last week, and now, if the bill isn’t modified further, only requires Senate approval before being sent to Ivey’s desk for final approval.

This story is from alabamadailynews.com.