Alabama's new vaping laws are now in effect as of June 1, the Alabama Alcoholic Beverage Control Board (ABC) announced in a statement.

House Bill 8, sponsored by state Rep. Barbara Drummond's (D-Mobile), was signed into law by Gov. Kay Ivey and regulates the retail sale of nicotine vaping products within Alabama through ABC. With the law now in effect, the ABC announced the following provisions will take place under the new law:

ABC Tobacco Permit

The ABC Tobacco Permit authorizes the sale of the products listed below:

• Tobacco, tobacco products and/or non-vapor-based alternative nicotine; or
• E-liquid, electronic nicotine delivery systems, and vapor-based alternative nicotine products that have received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i) NOTE: This means that the product (i) has received an FDA marketing order; (ii) has received an FDA marketing denial order that has been stayed, rescinded, or vacated by a court order or by the FDA itself; or (iii) is subject to a premarket tobacco application that was timely filed and remains under review by the FDA; and (iv) is listed on The ENDS Directory is maintained by the Department of Revenue pursuant to Section 28-11-17.1.
• Those permittees that sell the above-mentioned products may renew their ABC Tobacco Permit for the 2025-2026 year when renewals begin June 1, 2025. The annual permit fee for an ABC Tobacco Permit is now $150.

ABC Specialty Retailer of Electronic Nicotine Delivery System Permit

The ABC Specialty Retailer of Electronic Nicotine Delivery System Permit authorizes the sale of any allowable e-liquids, electronic nicotine delivery systems, and vapor-based alternative Nicotine products that meet the requirements of state and federal law.

•  The annual permit fee for an ABC Specialty Retailer of Electronic Nicotine Delivery System Permit is $1,000.00.
• Any location that meets the definition of a Specialty Retailer of Electronic Nicotine Delivery Systems Permit under 28-11-2(19) must obtain the Specialty Retailer of Electronic Nicotine Delivery Systems Permit. These locations must be restricted to those 21 years of age or older and have signs posted indicating the age restriction.
• All products sold must meet all requirements of state and federal law.

Establishments who already hold permits will receive official correspondence to the email address that is on record from the ABC.

Among the provisions listed, the new law also includes the banning of vape sales in vending machines and increased penalties for selling vapes to minors under 21 years of age. In addition, the state of Alabama is expected to restrict and prohibit the sale of foreign vape products until the FDA begins to regulate vape products in the United States as a whole, and Alabama Board of Education will adopt a model policy for vape awareness, education and prevention programs in public K-12 schools within the state.