SB316 Alabama 2023 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

Democrat

Session

Regular Session 2023

Title

Relating to vaping devices; to amend Section 28-11-14, Code of Alabama 1975, to further provide prohibitions on the possession of an electronic nicotine delivery system by individuals under 21 years of age; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

The bill tightens age-based restrictions on electronic nicotine delivery systems for people under 21, clarifies possession rules, adds a limited employment exception for under-21 workers, and notes no new local funding is required.

What This Bill Does

It makes it unlawful for anyone under 21 to purchase, use, possess, or transport electronic nicotine delivery systems and related devices, and it treats mere possession as a violation regardless of contents. It allows under-21 employees of licensed permit holders to handle, transport, or sell ENDS if acting within their job duties and a 21+ supervisor is present. It keeps a prohibition on using false IDs to obtain these products and requires notification of a parent or guardian when a minor is cited. It also states the act creates or amends a crime and is exempt from local funding approval requirements, and it becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Individuals under 21 years old, who would be prohibited from purchasing, using, possessing, or transporting electronic nicotine delivery systems (ENDS) and related products.
• Employers with tobacco/ENDS permits and their workers, including some under-21 employees who may handle, transport, or sell ENDS only under supervision and within the scope of employment.

Key Provisions

• Amends 28-11-13 to prohibit under-21 individuals from purchasing, using, possessing, or transporting an electronic nicotine delivery system or related devices and substances.
• Specifies that possession of an electronic nicotine delivery system by a person under 21 is a violation upon mere possession, regardless of contents.
• Creates a limited employment exception allowing under-21 employees of permit holders to handle, transport, or sell tobacco or ENDS if acting within the line and scope of employment and a 21+ supervisor is present.
• Maintains prohibition on presenting false identification to obtain tobacco or ENDS.
• Requires notifying a parent or guardian when a minor is cited for any violation, unless emancipation applies.
• Excludes the bill from local funding requirements under Section 111.05 because it defines a new crime or amends an existing crime.
• Effective date: first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.