Alabama § 28-11-13 - Individuals Under 21 Years of Age Prohibited from Possessing, Transporting, Etc., Tobacco, Electronic Nicotine Delivery System, Etc.; Exceptions; Violations.

§ 28-11-13. Individuals Under 21 Years of Age Prohibited from Possessing, Transporting, Etc., Tobacco, Electronic Nicotine Delivery System, Etc.; Exceptions; Violations.

(a)(1) It is unlawful for any individual under 21 years of age to purchase, use, possess, or transport tobacco, a tobacco product, alternative nicotine product, e-liquid, tobacco substitute, or an electronic nicotine delivery system or other electronic battery-powered device capable of being used to deliver any e-liquid or e-liquid substitute; tobacco or tobacco substitute; CBD oil or THC oil; liquid that contains cannabinoids derived from or found in hemp which is intended for use in an electronic nicotine delivery system; herbal extract; or nicotine salt, or any analog of the foregoing; or any other substance to the individual through the inhalation of vapor within this state.

(2) For purposes of this subsection, a violation is committed upon mere possession of an electronic nicotine delivery system or other electronic battery-powered device as described in subdivision (1), irrespective of which particular e-liquid or other substance, if any, was contained or otherwise used in the device.

(b) Notwithstanding subsection (a), an individual under 21 years of age who is an employee of a tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product permit holder may handle, transport, or sell tobacco, a tobacco product, an electronic nicotine delivery system, or an alternative tobacco product, provided the employee is acting within the line and scope of employment and the permit holder, or an employee of the permit holder who is 21 years of age or older, is present.

(c) It is unlawful for any individual under 21 years of age to present or offer to another individual proof of identification that is false, fraudulent, or not actually his or her own proof of identification in order to buy, receive, or otherwise obtain, or attempt to buy, receive, or otherwise obtain, any tobacco, tobacco product, electronic nicotine delivery system, e-liquid, or alternative nicotine product.

(d) Except as otherwise provided, a violation of this section by an individual under 19 years of age shall constitute a delinquent act and the individual shall be subject to the exclusive jurisdiction of the juvenile court. Any violation of this section shall be punished as follows:

(1) For a first violation, the individual’s parent or legal guardian shall be notified and the court shall require the individual to attend an in-person vaping awareness, education, and prevention class as described in Section 16-41A-1(d).

(2) For a second violation, the individual’s parent or legal guardian shall be notified and the court shall require the individual to attend a nonresidential addiction or substance abuse rehabilitation course approved by the court and the Department of Public Health. The course shall be at no cost to the individual. The course may be in-person or online. The cost of the treatment shall be paid out of the Vaping Licensing and Enforcement Fund pursuant to Section 28-11-10(4).

a. If the individual is under 19 years of age, the individual’s parent or legal guardian must attend the course with the individual.

b. If the individual is 19 or more years of age, the court shall require the individual to attend the course with a rehabilitation sponsor approved by the court. Any of the following may serve as a rehabilitation sponsor subject to approval by the court: a parent or legal guardian, school counselor, teacher, school administrator, member of the clergy, or other individual approved by the court.

(3) No court costs or fees may be assessed under this subsection.

(e) If a minor is cited for any violation under this section, the citing agency shall make reasonable efforts to notify a parent, legal guardian, or legal custodian of the minor unless the minor has been emancipated by court order or operation of law.

(f) Nothing in this section shall apply to devices used to deliver medication prescribed or ordered by a physician licensed to practice medicine in this state.