Section 28-11-13 - [Effective 10/1/2024] Unlawful for minors to purchase, use, possess, or transport tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product(a)(1) It is unlawful for any individual under 21 years of age to purchase, use, possess, or transport tobacco, a tobacco product, an electronic nicotine delivery system or other electronic battery-powered device capable of being used to deliver any e-liquid, e-liquid substitute, tobacco, CBD oil, THC oil, herbal extract, or nicotine salt, or any analog thereof, or any other substance to the individual through the inhalation of vapor, or an alternative nicotine product 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) It shall not be unlawful for 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 to handle, transport, or sell tobacco, a tobacco product, an electronic nicotine delivery system, or an alternative tobacco product if 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 person 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, or alternative nicotine product.(d) 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.(e) 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.Ala. Code § 28-11-13 (1975)
Amended by Act 2024-79,§ 1, eff. 10/1/2024.Amended by Act 2021-453,§ 5, eff. 8/1/2021.Amended by Act 2019-233,§ 2, eff. 8/1/2019.Amended by Act 2013-383,§ 1, eff. 8/1/2013.This section is set out more than once due to postponed, multiple, or conflicting amendments.