Title 28

(a)(1) It is unlawful for any individual under 21 years of age to purchase, use, possess, or transport tobacco, a tobacco product, alternative nicotine product, e-liquid, tobacco substitute, or an electronic nicotine delivery system or other electronic battery-powered device capa…

(a)(1) Any tobacco, tobacco product, alternative nicotine product, e-liquid, electronic nicotine delivery system, or false proof of identification found in the possession of an individual under 21 years of age is contraband and subject to seizure by any law enforcement officer. (…

(a)(1) A retailer or manufacturer of electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise an electronic nicotine delivery system, e-liquid, or an alternative nicotine product in any of the following ways: a. As a tobacco cessation pr…

(a) It is unlawful to distribute, sell, or offer for sale any electronic nicotine delivery system or alternative nicotine product that cannot be legally marketed under federal law or FDA rule, regulation, or guidance. (b) Each violation of subsection (a) shall be a Class C misdem…

(a)(1) Beginning October 1, 2025, or other date not more than 30 days following a premarket tobacco application submission deadline issued by the FDA, whichever is later, every e-liquid manufacturer and manufacturer of alternative nicotine products whose products are sold in this…

(a)(1) The Legislature finds and declares the following: a. Electronic nicotine delivery systems, commonly called electronic cigarettes or e-cigarettes, or simply “vapes,” are battery-powered devices that use a heating mechanism to vaporize a mixture containing nicotine or other …

(a) All liquid nicotine containers offered for sale that are intended to be vaporized in an electronic nicotine delivery system shall be contained in child-resistant packaging. (b) A retailer of tobacco, tobacco products, alternative nicotine products, e-liquids, or electronic ni…

For purposes of this chapter, the following terms have the following meanings unless the context clearly indicates otherwise: (1) ALTERNATIVE NICOTINE PRODUCT. Any product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dis…

(a)(1) No manufacturer or distributor shall sell, offer to sell, or deliver any tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products to any retailer in this state for any consideration other than cash or on terms, nor shall any retaile…

(a) The Department of Mental Health shall be responsible for ensuring that the state is in compliance with and satisfies all reporting and enforcement obligations of the United States Department of Health and Human Services (HHS) pursuant to 42 U.S.C. § 300x-26, as amended, inclu…

The Alcoholic Beverage Control Board shall adopt rules to implement and administer this chapter. (Act 2025-403, §4.)

The board, in conjunction with federal, state, and local law enforcement agencies, shall enforce state and federal laws that prohibit the distribution of tobacco, tobacco products, alternative nicotine products, e-liquids, and electronic nicotine delivery systems to individuals u…

Pursuant to its rulemaking authority, the board shall adopt rules that have the full force and effect of law, for purposes of the following: (1) Establishing permits for the distribution of tobacco, tobacco products, electronic nicotine delivery systems, and alternative nicotine …

The board may use funding, if available, from the Department of Mental Health, other state or federal agencies, grants, and private or public organizations to enforce this chapter and to provide and distribute prevention materials related to tobacco, tobacco products, alternative…

No tobacco or tobacco product, except cigars, shall be distributed unless in an original factory-wrapped container. This prohibition also applies to the distribution of single cigarettes and packages containing less than 20 cigarettes. (Acts 1997, No. 97-423, p. 721, §6.)

No tobacco, tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system shall be distributed by use of a vending machine. (Act 2009-578, p. 1697, §2; Act 2021-453, §4; Act 2025-403; §1.)

(a) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be sold, offered for sale, furnished, or given away at retail through a self-service display unless the display is located in a tobacco specialty store or at a specialty re…

(a) Any person who distributes tobacco, tobacco products, or non-vapor based alternative nicotine products within this state shall first obtain a permit from the board for each location of distribution. Upon application, there shall be a one-time, nonrefundable filing fee of fift…

(a) A person desiring to operate as a specialty retailer of electronic nicotine delivery systems shall apply for a permit from the board. The board, by rule, shall establish requirements for the permit, which shall include an application fee of fifty dollars ($50). On approval by…

(a) It shall be unlawful for any person to sell or offer for sale tobacco or tobacco products without first obtaining the appropriate permit from the board. Selling or offering for sale tobacco or tobacco products without obtaining and displaying a valid permit by January 1, 1998…

(a) Subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have full and final authority as to the suspension or revocation for cause of any permit issued pursuant to this chapter. (1) The board may appoint a hearing commission of at least th…