Legislature passes bill to tax and regulate vapes

May 6, 2025 – The Alabama Legislature passed legislation to tax and regulate vape products in the state of Alabama.

House Bill 8 (HB8) is sponsored by State Representative Barbara Drummond (D-Mobile) and carried in the Senate by State Senator David Sessions (R-Grand Bay).

This legislation was carried in the Senate last year by Senate President Pro Tempore Garlan Gudger (R-Cullman).

"We have been going back and forth on this bill for four years," said Gudger.

Sessions said to Gudger, "I want to thank you for allowing me to carry this this year."

"We have an epidemic going on with our young people," said Sessions. "Six in my county went to the hospital with a vape product just since March. This is not a product that needs to go into your body."

"If you are 21 and old enough to make a decision to harm your body, I am ok with that," continued Sessions. "Young people make mistakes. We don't want them harshly punished, but we do want them to learn from their mistakes."

"Representative Drummond has worked long and hard on this," said Sessions. "Are young people going to do some crazy things? Yes, they are."

"We are not going to make it easy for them to get these products," continued Sessions. "We are dealing with a product that is unhealthy for young people as well as adults."

Gudger said, "Schools are collecting them (vapes) in droves."

"It is not unusual for schools to collect 100 of them in a week," said Gudger. "It is not just a high school thing it is also in middle school."

Sessions said, "We want to make sure that we take all the illegal products off the market."

"We do have illegal products on the shelf that are not in the registry," responded Gudger. "This is the year where everybody realizes how big a deal this is."

Sessions said, "At this stage this year it is imperative that we pass this."

House Minority Leader Bobby Singleton (D-Greensboro) introduced an amendment to the bill. The original legislation would have banned all sales of vapes by convenience stores and gas stations.

"The amendment would allow some convenience stores to sell vapes, but only those (vape products) on the federal registry," Singleton explained.

The controversial amendment was adopted 18 to 16 with most Republican Senators voting No.

The substitute version of HB8 that passed out of the Senate parallelled what the Legislature did with synthetic marijuana derived from hemp (outside of the Singleton amendment). It was limited to 21 and over sales only. You have to have a license from the Alabama Alcohol Beverage Control Board to sell the product and strict fines are in place to punish stores caught selling to underage persons. A new sin tax on vapes would go to the ABC Board to fund their regulatory and enforcement structure. On the third offense a store would lose their license – not just to sell vapes or hemp derived cannabinoids such as Delta 8, but also alcohol.

While convenience stores would be allowed to sell some vapes, the full list of vape products would be limited to 21 and over stores that specialize in vapes and tobacco products like cigar lounges.

"We are going to be watching and if you are a bad actor there will come a day where you will no longer be in business," said Gudger.

"It is the right thing to do as we move forward to make our children safe," said Gudger.

The Senate passed their version of HB8 by a vote of 28 to 5 with Republican Sens. Larry Stutts, Tom Butler,. April Weaver, Gerald Allen, and Shay Shellnut voting No.

The bill then went to the House of Representatives. Drummond urged the House to vote to concur on the substitute version of HB8 that passed the Senate.

"It is going to save some of our children's lives," said Rep. Drummond.

Rep. Bryan Brinyark (R-Tuscaloosa) said, "I wish we could do away with the vapes altogether."

Drummond said of the Senate bill, "These are not my changes but I concur."

Rep. Juandalynn Givan (D-Birmingham) said, "This bill has been dramatically altered from the original intent of the bill. I wish you would have gone to conference on it."

Drummond said, "Some products will still be sold in convenience stores/. That is the amendment that was placed on it."

"Alcohol is the most addictive drug in this country," said Givan. "There are more people addicted to alcohol than any other drug in the world." "I wish you had at least gone to conference, but it was your bill. "

"These children are vaping as early as the third grade," said Drummond. "It is time for us to do something."

Drummond is one of the leading candidates to be the next mayor of Mobile. Givan is a candidate to be the Mayor of Birmingham.

The House voted to concur with the Senate changes to the bill 52 to 43. This issue divided both parties.

Drummond released a statement following passage.

"It has taken more years than I care to remember to pass meaningful Vaping legislation in Alabama," said Rep. Drummond. "Today, House Bill 8 passed out of the Senate, and now it's headed to the governor desk. The bill means better enforcement on vaping establishments, as it relates to youth under 21; more education on vaping and restrictive access for youth. Many credited my tenacity in keeping the bill alive, but it was actually the spirit of the now deceased Dallas County youth, who died from vaping, and the countless youngsters who have fallen prey to the ugliness of this detrimental habit that kept me fighting year after year. To the superintendents who battled alongside me, Michael Smith with the Sheriff Boys Ranch, Drug Education Council Virginia Guy and Vandlyn W. Pierre, Pro Tem, Garland Gudger and Sen. David Sessions - thank you all. This one is for the children of Alabama."

HB8 now goes to the Governor for her consideration.

The Legislature will gavel in on Wednesday morning for Day 29 of the 2025 Alabama Regular Legislative session. By law the Legislature is limited to a maximum of 30 days in a session.