Ala. Code § 28-12-45 — Alabama Code / Title 28 / Chapter 12 / Section 28-12-45
Section 28-12-45 Guidelines on Retail Establishments. (Amended by Act 2026-504)
Status: in_force

AMENDED BY ACT 2026-504, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Other than pharmacies selling topical or sublingual consumable hemp products pursuant to subsection (b) and retail food stores selling beverage consumable hemp products pursuant to subsection (c), all retailer establishments must be restricted so that only those individuals 21 years of age or older are permitted to enter and the establishment has its own dedicated public entrance. Except as provided in subsection (b) and (c), the board shall only issue retailer licenses to persons:

(1) That have a valid retail liquor license from the board which authorizes off-premises consumption only; or

(2) That only sell consumable hemp products.

(b) Topical and sublingual consumable hemp products may be sold in a pharmacy licensed by the Alabama State Board of Pharmacy, provided the pharmacy obtains a consumable hemp product retailer license from the Alcoholic Beverage Control Board and complies with this chapter and rules of the board. Any topical consumable hemp product sold in a pharmacy must be sold by a licensed pharmacist or by a pharmacy technician or employee who is under the direct supervision and control of a licensed pharmacist. This subsection does not prohibit a retailer described in subsection (a) from selling topical or sublingual consumable hemp products in that retailer’s licensed premises.

(c)(1) Consumable hemp products that are beverages may be sold in a retail food store, provided the retail food store obtains a consumable hemp product retailer license from the board and complies with this chapter and rules of the board. Consumable hemp product beverages sold in a retail food store must be kept in an area that is: (i) separated from nonalcoholic beverages or beverages intended for children; (ii) behind glass; and (iii) demarcated by a sign indicating that the beverages contain hemp-derived compounds. This subsection does not prohibit a retailer described in subsection (a) from selling consumable hemp product beverages in that retailer’s licensed premises.

(2) For purposes of this subsection, “retail food store” means any store commonly known as a supermarket, food store, or grocery store, primarily engaged in the retail sale of a variety of canned goods, frozen foods, nonalcoholic beverages, dry goods, either packaged or in bulk, and fresh produce or meats, and the store dedicates: (i) a minimum of 75 percent of the store’s selling area to the sale of food items listed in this subdivision; and (ii) at least 14,000 square feet of the store’s footprint to the sale of food items listed in this subdivision.

(d)(1) A retailer described in subsection (a) shall maintain at its licensed premises a minimum of 500 square feet of sales and service area. A retailer may not include in the calculation of sales and service area any areas that are not open to customers or not used for sales or displaying consumable hemp products, such as office space or storage.

(2) A retailer must have an employee present in the sales and service area of the licensed premises at all times the premises is open to customers.

(3) The purchase of all consumable hemp products must take place in the licensed premises.

(e) A retailer shall display the retailer license in the licensed premises in a conspicuous manner.
Ala. Code § 28-3-284 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-284
Section 28-3-284 Levy of Additional Local Taxes or Fees Prohibited
Status: in_force

Any county or municipality receiving any additional taxes pursuant to the provisions of this article shall be prohibited from levying any additional taxes or fees on the sale of alcoholic beverages which would be collected by the Alabama Alcoholic Beverage Control Board or its stores.
Ala. Code § 28-4-20 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-20
Section 28-4-20 Sale, Offer for Sale, Possession, Barter, Exchange, Etc., of Prohibited Liquors and Beverages
Status: in_force

It shall be unlawful for any person, firm or corporation or association within this state to sell, offer for sale, keep or have in possession, barter, exchange or to give away, furnish at a public place or elsewhere or otherwise dispose of the prohibited liquors and beverages described in this chapter or any of them in any quantity, except as provided in this chapter, or to accept the delivery of or to receive or to have in possession or possess in this state any of said prohibited liquors and beverages as defined by the laws of the State of Alabama in any quantity whatsoever.
Ala. Code § 28-11-17.2 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-17.2
Section 28-11-17.2 Sale of Foreign Vaping Products Restricted
Status: in_force

(a)(1) The Legislature finds and declares the following:

a. Electronic nicotine delivery systems, commonly called electronic cigarettes or e-cigarettes, or simply “vapes,” are battery-powered devices that use a heating mechanism to vaporize a mixture containing nicotine or other chemicals with the intent that the vapor be inhaled.

b. E-cigarettes are inherently harmful. The main ingredient, nicotine, is highly addictive, and the amounts of nicotine are largely unregulated. A single e-cigarette can have as much nicotine as hundreds of traditional cigarettes. Scientific studies have shown that the most commonly used organic solvent of e-cigarette oil, propylene glycol, has been shown to form carcinogens including formaldehyde when oxidized. The components of e-cigarettes contain varying amounts of carcinogenic metals, the most common of which are chromium, nickel, and aluminum which, when heated, can be released into the device and enter the user’s body.

c. E-liquids manufactured in foreign countries are notorious for being manufactured with pesticide-grade nicotine, industrial propylene glycol, and other highly harmful chemicals to the human body. There have been numerous reports of these foreign products being fraudulently labeled to bypass customs enforcement and regulators.

d. There are thousands of different types of e-cigarettes and varying e-liquids sold in the United States today, but only an extremely small fraction of this amount has actually received approval from the federal Food and Drug Administration.

e. The FDA has largely been silent in its role as industry regulator, and has not acted to remove unlawful vaping products from the shelves of retailers, nor has it acted to properly approve or disapprove vaping products for retail sale in the United States.

(2) Based on the foregoing, the Legislature declares that the health, safety, and welfare of the residents of the State of Alabama requires that until the FDA begins to effectively regulate vaping products in the United States, this state must restrict and prohibit the sale of foreign vaping products.

(b) Beginning October 1, 2025, no e-liquid, electronic nicotine delivery system, or alternative nicotine product may be added to the Electronic Nicotine Delivery System (ENDS) Directory maintained by the Department of Revenue pursuant to Section 28-11-17.1 unless either of the following apply:

(1) The product and its components are made, packaged, labeled, and manufactured in the United States.

(2) The manufacturer of the product has received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i) authorizing the product to be introduced or delivered for introduction into interstate commerce.

(c) The Department of Revenue may require a manufacturer, wholesaler, or distributor of an e-liquid, electronic nicotine delivery system, or alternative nicotine product to certify under penalty of perjury that its products are in compliance with subdivision (b)(1).
Ala. Code § 28-11-1 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-1
Section 28-11-1 Legislative Intent
Status: in_force

It is the intent of the Legislature to prohibit access to tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems to individuals under the age of 21 years and prevent all of the following:

(1) The possibility of addiction to tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems by individuals under the age of 21 years.

(2) Potential health problems associated with the use of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems.

(3) The failure by this state to comply with federal guidelines or grant funding requirements, when applicable, which relate to the establishment by the state of programs and policies dealing with the sale of tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems.
Ala. Code § 28-3-3 — Alabama Code / Title 28 / Chapter 3 / Section 28-3-3
Section 28-3-3 Exceptions for Ethyl Alcohol Intended or Used for Certain Purposes
Status: in_force

The provisions of this chapter shall not apply to ethyl alcohol intended for use or used for the following purposes:

(1) For scientific, chemical, mechanical, industrial, medicinal, and culinary purposes;

(2) For use by those authorized to procure the same tax-free as provided by acts of Congress and regulations promulgated thereunder;

(3) In the manufacture of denatured alcohol produced and used as provided by acts of Congress and regulations promulgated thereunder;

(4) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products unfit for beverage purposes;

(5) In the manufacture of flavoring extracts and syrups unfit for beverage purposes; or

(6) In the manufacture of an alternative fuel source for motor vehicles unfit for beverage purposes.
Ala. Code § 28-11-10 — Alabama Code / Title 28 / Chapter 11 / Section 28-11-10
Section 28-11-10 Vaping Licensing and Enforcement Fund; Disposition of Funds
Status: in_force

The Vaping Licensing and Enforcement Fund is created in the State Treasury. All fees and other monies collected pursuant to this chapter shall be deposited into the State Treasury to the credit of the fund. Amounts deposited into the fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12. Monies in the fund shall be distributed as follows:

(1) Forty percent to the Licensing and Compliance Division of the board for operational costs of enforcing this chapter and providing tobacco and nicotine prevention education.

(2) Twenty percent to the Public Safety Fund of the Alabama State Law Enforcement Agency to be used for the enforcement of this chapter.

(3) Twenty percent to the State Board of Education for the establishment and administration of vape awareness, education, and prevention programs and the provision of drug education and prevention curriculum, as provided in Section 16-41A-1.

(4) Twenty percent to the Unified Judicial System for the provision of drug education and prevention curriculum and court-ordered nonresidential addiction or substance abuse rehabilitation courses under Section 28-11-13(d).
Ala. Code § 28-4-183 — Alabama Code / Title 28 / Chapter 4 / Section 28-4-183
Section 28-4-183 Permit from Alcoholic Beverage Control Board to Have Wine Shipped from Outside the State - Permit to Be Used for One Shipment Only; Expiration
Status: in_force

The permit provided for in Section 28-4-182 may be used for only one shipment and shall be void 20 days after the date of issuance.