SB95 Alabama 2024 Session

Updated Feb 23, 2026

Summary

Primary Sponsor: Vivian Davis FiguresSenator
Democrat
Session: Regular Session 2024
Title: Tobacco products; electronic nicotine delivery systems, use or possession of device, prohibited without regard to particular substance used therein
Summary: SB95 broadens Alabama's under-21 rules by making possession of electronic nicotine delivery systems or similar vapor devices illegal for anyone under 21, regardless of the liquid inside.
What This Bill Does
It makes it unlawful for anyone under 21 to purchase, use, possess, or transport electronic nicotine delivery systems or any device capable of delivering vapor, regardless of the liquid or substance inside. Mere possession of such a device is a violation, even if you don't know what substance was inside. It creates a limited exception allowing under-21 employees of permit holders to handle, transport, or sell tobacco products or ENDS if they are acting within the scope of employment and a 21+ supervisor is present. It also bans presenting false proof of identification to obtain these products, requires notifying a parent or guardian if a minor is cited, preserves an exemption for devices used to deliver prescribed medications, and notes a local-funds exemption with an effective date of October 1, 2024.

Who It Affects
People under 21: would be prohibited from possessing ENDS or vape devices and related products.
Under-21 employees of tobacco product permit holders: may handle, transport, or sell products only if acting within employment and a 21+ supervisor is present.
Parents/guardians of minors: agencies must notify them when a minor is cited for a violation.
Retailers, permit holders, and enforcement agencies: must enforce the new rules, including the false ID prohibition and prescribed-medicine exemptions.

Key Provisions
It is unlawful for under-21 individuals to purchase, use, possess, or transport tobacco products, ENDS, or any device capable of delivering vapor, regardless of the liquid or substance involved.
A violation may be committed by mere possession of an ENDS or similar device, irrespective of the specific liquid inside the device.
Under-21 employees of permit holders may handle, transport, or sell tobacco or ENDS only if acting within the scope of employment and a 21+ supervisor or permit-holder is present.
It is unlawful for a minor to present or offer false proof of identification to obtain these products.
If a minor is cited, the agency must reasonably try to notify a parent, guardian, or custodian.
Devices delivering prescribed medications are exempt, and the bill does not create an increased local-funding burden under constitutional rules; the act takes effect October 1, 2024.

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