MONTGOMERY — On May 6, state Rep. Barbara Drummond’s (D-Mobile) House Bill 8 to regulate the retail sale of nicotine vaping products through the state Alcoholic Beverage Control (ABC) Board passed both chambers and now awaits Gov. Kay Ivey’s signature for enactment.

HB8 was amended in the Senate to prohibit the sale of vaping products in convenience stores unless the specific products have been approved by the federal Food and Drug Administration. The amended version provides that vaping products that have not met those criteria may be sold in establishments that only allow entry to adult consumers over the age of 21.

“This is the most responsible thing for Alabama,” Drummond said. “This shows that Alabama cares about its minors. … This is a win for the children of Alabama.”

The bill passed in the House with 52 yeas, 43 nays and six abstains. It was passed in the Senate with 28 yeas and five nays.

HB8, or the “vaping legislation” as Drummond called it, also prohibits vending machines that distribute tobacco and nicotine products. Similar action was taken earlier this year in Orange Beach when city council unanimously approved an ordinance prohibiting this type of vending machine. The ordinance also prohibited the use of vapes indoors or in non-smoking areas.

The city’s ordinance details how this action contributes to the “overall family-friendly environment” of Orange Beach. It also details how smoke from vape products can increase serious physical and mental health risks.

Drummond said her goals with this legislation were to protect the “safety and welfare” of Alabama children, collect funding for the ABC Board and the Alabama Law Enforcement Agency (ALEA) to enforce this action and to educate children and parents on the dangers associated with vaping.

Funding for ABC and ALEA will be derived from a new application fee and annual permit fee, as detailed in HB8. Stores that do not comply with the legislation will face fines, which will also fund the enforcement.

In 2019, Drummond attended a drug council meeting in Mobile on the vape abuse “epidemic among young people.” She said she didn’t think the issue was as serious as it was discussed at the event until she taught her middle school Sunday school class the following week and noticed a child putting what she thought was a USB to his mouth. She asked him about it and discovered it was a vape.

That incidence inspired her to create a premarket registry, which focused on the requirements for Alabama businesses to sell vaping products. She got support from school superintendents throughout the state following this action.

One superintendent, she said, called to thank her for her work on the registry as one of his students had recently died from a vape laced with fentanyl. After that news, she started working on HB8.

“These three years have been an eye opener for me,” Drummond said on the negative effects some vape products have.

Drummond said a majority of “cheap vapes” contain harmful chemicals causing the products to not be approved by the Food and Drug Administration (FDA).

The new legislation will ensure vape products are sold in convenience stores and gas stations only if they have received FDA approval, which Drummond said only makes up a “small number” of the types of vapes available on Alabama store shelves.

A previous GCM article on an event aimed at raising awareness of increased use of vapes among minors and risks associated with tobacco and nicotine use highlighted the prevalence of vape use among Baldwin County schools.

Michael Cook with the Baldwin County Services for Drug Education said minors are disguising vapes and that “big tobacco companies” are implementing sales tactics that are “tricking our youth today.”

With over 7,000 flavors of vapes, Cook said, minors are encouraged to buy products that can be easily hidden or disguised. Cook pointed out that he, as an adult, would never want to buy a vape that was Skittles flavored, nor would he care what color it was.

Some newer vapes Cook showed played games or worked as disposable mini phones where users could connect it via Bluetooth to make calls, send messages, play music or interact with the 27 apps on the vape.

“That’s how far this industry has come to get you, to get your age group,” Cook said to the students in the audience. “Because at the end of the day, they don’t care about you or me. They want your money.”

Cook told GCM he wasn’t sure what effect the legislation action will have on Baldwin County but that he felt “maybe it’s a step in the right direction.”

“(Vaping is a) huge problem and the age of use is getting younger and younger,” Cook said.

He said some of the main concerns and dangers surrounding vapes are “respiratory and lung issues,” but long-term effects of vaping will require more research and time. He mentioned how minors can be more susceptible to possible dangers surrounding vaping as “their bodies and minds are still developing.”

Both Cook and Drummond were not able to provide specific statistics on vape use among minors as many try hard to hide their vapes.

In the article previously written by GCM, some confiscated vapes were shaped like highlighters and AirPod cases made to look like products a student could hold or have in their backpack discreetly.

According to the press release, Drummond has worked to build bipartisan support for HB8.

“It’s taken a tremendous amount of effort to finally get this important bill to the governor’s desk. But it’s definitely been worth it because I firmly believe this legislation will save children’s lives," Drummond said after the bill’s passage. "I’ve heard too many stories of children, as young as 8 or 9 years old, that have either had serious health issues or have even died due to vaping. This will not only help keep these dangerous products out of their hands, but it will also educate them about the serious harm that can be caused by vaping and similar e-products.”

The Alabama Department of Public Health has a Text-To-Quit Vaping Service for youth and young adults looking to quit vaping. Those who are interested can sign up by texting “DITCHVAPE” to 88709. This is an anonymous texting service with “24/7 support, daily tips and motivation.”