2023 Code of Alabama
Title 28 - Intoxicating Liquor, Malt Beverages and Wine.
Chapter 11 - Sale of Tobacco Products Regulated by the Alcoholic Beverage Control Board.
Section 28-11-13 - Unlawful for Individuals Under the Age of 21 Years to Purchase, Use, Possess, or Transport Tobacco, Tobacco Product, Electronic Nicotine Delivery System, or Alternative Nicotine Product.
Section 28-11-13
Unlawful for minors to purchase, use, possess, or transport tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product.
THIS SECTION WAS AMENDED BY ACT 2021-453 IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) It is unlawful for any individual under the age of 21 years to purchase, use, possess, or transport tobacco, a tobacco product, an electronic nicotine delivery system, or an alternative nicotine product within this state. It shall not be unlawful for an individual under the age of 21 years 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.
(b) It is unlawful for any individual under the age of 21 years to present or offer to another person proof of identification which 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.
(c) If a minor is cited for any violation under this section, the citing agency shall notify a parent, legal guardian, or legal custodian of the minor unless the minor has been emancipated by court order or operation of law.
(Acts 1997, No. 97-423, p. 721, §13; Act 2009-578, p. 1697, §1; Act 2013-383, p. 1438, §1; Act 2019-233, §2; Act 2021-453, §5.)
