Vaping Laws in Alabama – Is it Legal to Vape in Alabama?

In Alabama, vaping has become increasingly popular in recent years. As a result, legislators have enacted laws and regulations to address the growing public health concerns and potential risks associated with e-cigarette use. This article aims to provide an overview of the current vaping laws in Alabama and answer the question: Is it legal to vape in Alabama?

Update Aug. 1 2023

A new law has taken effect in Alabama prohibiting smoking or vaping inside any vehicle carrying passengers aged 14 or younger. Violators face fines up to $100 under the law, aimed at protecting children from secondhand smoke hazards.

The prohibition applies to both moving and stopped vehicles, regardless of whether windows are down. It bans smoking or vaping in the driver’s seat or passenger areas if minors are present. Police can only issue citations secondary to a primary offense like speeding.

The bill, passed by the Alabama Legislature in April and officially went into effect Aug. 1.

ALABAMA’S CURRENT VAPING LAWS

Legal Age for Vaping

In Alabama, the legal age to purchase and possess vaping products is 21 years old, in line with federal law. This law was enacted in December 2019, raising the minimum age from 19 to 21 years old. Retailers are required to verify the age of customers before selling vaping products.

Public Vaping Restrictions

Can you vape in a public place in Alabama? Alabama has enacted several restrictions on vaping in public spaces. State law prohibits vaping in certain public places, including government buildings, healthcare facilities, and schools. Some local governments have also imposed additional restrictions on vaping in public spaces, so it is important to be aware of the specific laws in your area.

The following areas do have restrictions relating to the use of vapes in public places:

• • Anniston,
  • Clay,
  • Creola,
  • Cullman,
  • Decatur,
  • Fultondale,
  • Gadsden,
  • Homewood,
  • Midfield,
  • Monroeville,
  • Mountain Brook,
  • Vestavia Hills,
  • Troy,
  • Bessemer,
  • Foley,
  • Opelika,
  • Daphne,
  • Madison,
  • Luverne,
  • Sheffield

Indoor Vaping Restrictions

In addition to the public vaping restrictions mentioned earlier, Alabama also imposes specific restrictions on indoor vaping to protect the health and well-being of the public. These restrictions often apply to enclosed spaces where people gather or work, including the following locations:

1. 1. Restaurants and bars
   2. Retail stores and shopping malls
   3. Hotels and motels (specifically in designated non-smoking rooms)
   4. Workplaces, including offices and manufacturing facilities
   5. Theaters and other entertainment venues
   6. Public transportation, including buses, trains, and taxis
   7. Sports arenas and stadiums

It is important to note that these restrictions may vary depending on the specific city or county within Alabama. Be sure to check local ordinances and regulations for any additional restrictions or exemptions that may apply to indoor vaping in your area.

Vaping in Schools

Vaping is strictly prohibited on all K-12 school grounds in Alabama. The ban applies to students, faculty, staff, and visitors. This law is intended to protect children from exposure to vaping and its potential health risks.

Vaping while Driving

Another important aspect to consider when discussing vaping in Alabama is the potential risks associated with vaping while driving. Although there is no specific state law that prohibits vaping while driving, it’s crucial to understand that engaging in this activity could be distracting and potentially dangerous.

Distracted driving, including activities such as eating, using a cell phone, or adjusting the radio, can significantly increase the risk of accidents. Vaping while driving may fall into this category as it can take your focus away from the road, particularly if you’re adjusting your vaping device or refilling the e-liquid.

While vaping is not explicitly mentioned in Alabama’s distracted driving laws, law enforcement officers may still pull over drivers who appear to be driving recklessly or not paying attention to the road due to vaping. In such cases, drivers may be subject to fines or other penalties for distracted driving.

To ensure safety while on the road, it’s best to avoid vaping while driving or, if necessary, to pull over in a safe and legal location before using your vaping device. This practice will not only help you stay focused on driving but also contribute to safer roads for everyone.

Online Sales Regulations

Alabama requires age verification for online sales of vaping products. Retailers must verify the customer’s age by using a third-party age verification service. Additionally, online sellers are required to use a delivery method that ensures an adult signature upon delivery.

UNDERSTANDING THE LEGAL PENALTIES

Underage Vaping Penalties

Underage possession, use, or purchase of vaping products in Alabama can result in penalties such as fines, community service, or participation in a tobacco awareness program. Repeat offenses may result in steeper fines and additional penalties.

Business Penalties

Retailers found to be in violation of Alabama’s vaping laws, such as selling to underage customers or failing to verify the age of online customers, can face significant fines and penalties, including the suspension or revocation of their tobacco sales permit. Penalties vary based on the severity of the violation and any previous violations on record.

Additional Fines and Violations

Individuals found to be vaping in prohibited areas, such as public buildings or schools, can face fines and other penalties. The severity of these penalties may vary depending on the specific location and circumstances.

In summary, it is legal to vape in Alabama if you are 21 years or older, but there are restrictions on where you can vape and how vaping products can be sold. As the popularity of vaping continues to grow, it is essential for users to be aware of the laws and potential health risks associated with this activity. By staying informed and following the established regulations, you can make responsible choices when it comes to vaping in Alabama.

Frequently Asked Questions

1. What is the legal age to purchase and possess vaping products in Alabama? The legal age to purchase and possess vaping products in Alabama is 21 years old.
2. Can I vape in public places in Alabama? Vaping is prohibited in certain public places, such as government buildings, healthcare facilities, and schools. Local governments may have additional restrictions on vaping in public spaces.
3. Is it legal to buy vaping products online in Alabama? Yes, it is legal to buy vaping products online in Alabama, but retailers must verify the customer’s age using a third-party age verification service and require an adult signature upon delivery.
4. Are there penalties for underage vaping in Alabama? Yes, underage individuals caught possessing, using, or purchasing vaping products can face fines, community service, or participation in a tobacco awareness program.
5. What are the potential health risks associated with vaping? Although the long-term health effects of vaping are not yet fully understood, studies have linked e-cigarette use to lung injury, heart problems, and nicotine addiction, particularly among young users.