Alabama and Alternative Nicotine Regulation

Alabama Legal Code on Vape Vending Machines

(a) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be distributed by use of a vending machine unless the machine:
(1) Is located in an area in which individuals under the age of 21 years are not permitted access; or
(2) Dispenses tobacco, tobacco products, alternative nicotine products, or electronic nicotine delivery systems through the operation of a device that requires the tobacco permit holder or an employee of the permit holder to control the distribution of the product.
(b) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be distributed at retail by use of a vending machine if placed together with any non-tobacco product or non-nicotine product, other than matches, in the machine.

Ala. Code § 28-11-6.1 (1975)

Amended by Act 2021-453,§ 4, eff. 8/1/2021.
Act 2009-578, p. 1697, § 2.

New Law Proposes Statewide Permit Requirements for Tobacco Vending Machines

A new legislative measure is under consideration that could significantly impact the operation of tobacco vending machines across Alabama and potentially influence similar regulations nationwide. House Bill 8, introduced on February 4, 2025, aims to establish a mandatory permitting system for vending machines that dispense tobacco products, electronic nicotine delivery systems (ENDS), e-liquids, and other alternative nicotine products.

Key Provisions of House Bill 8

If passed, the law would require all businesses operating tobacco vending machines to obtain a permit for each individual machine. These permits would need to be visibly displayed on the machine and renewed annually. The bill also introduces a non-transferable clause, meaning a permit applies strictly to the specific machine at a designated location. However, if a business location is sold or transferred, the new owner can apply for a permit transfer for a $50 fee, with a 30-day deadline to submit their application.

Public Health and Business Considerations

Supporters of the bill argue that it is a necessary step to enhance public health efforts by reducing the accessibility of tobacco products, especially for minors. By adding another layer of regulatory oversight, proponents believe the measure will help prevent underage tobacco use and ensure compliance with existing laws.

On the other hand, small business owners have raised concerns about the potential financial burden of the permitting process. For vending machine operators, the added costs and administrative hurdles could impact profitability and discourage new entrants from entering the market.

A Growing National Trend?

Alabama’s move to regulate tobacco vending machines follows a broader national trend of tightening restrictions on nicotine product sales. While federal laws already impose strict age-verification requirements for in-person and online sales, vending machines present a unique challenge in enforcement. If successful, House Bill 8 could serve as a model for other states considering similar regulations.

What Comes Next?

The bill is now under review, with committee discussions and potential amendments on the horizon. Lawmakers, business owners, and public health officials will be closely watching the debate as it unfolds, weighing the economic implications against the potential health benefits.

If passed, House Bill 8 could redefine the landscape for tobacco vending machines in Alabama and beyond, setting a precedent for stricter oversight and regulation across the country.

 

Zyn & Vape Vending Machines in Alabama.

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