Public hearing on HB 8 draws vape-industry opposition and school safety testimony; no vote taken

Representative Terri Drummond, sponsor of HB 8, presented the bill and said it is identical to legislation the committee passed last year, and that it would regulate vaping while providing enforcement funding and prevention programs. She told the committee the measure would create “about $2,500,000” for enforcement and would fund cessation or education programs for violators in school.

The bill drew four opponents who spoke during the public hearing and asked the committee to amend the text before action. Ryan DeGraffner, representing the Vapor Technology Association, said language in the bill (identified in testimony as “28 11 17.1”) would exclude single-use and cartridge-based “closed system” vaping products and thereby advantage combustible-cigarette sellers. DeGraffner said single-use products account for “over 95%” of the market and argued the bill’s wording would effectively bar those products from lawful sale in Alabama unless altered.

Randy Tomley, service superintendent for Winfield City Schools, told the committee he has seen vaping disrupt instruction over a four-year period and described school steps to address youth possession, including citations and assemblies. Tomley said the district uses vape detectors and invokes the 2021 state age restriction, which he described as making possession illegal for people under 21.

Amy Albers, a Birmingham business owner and vice president of the Alabama Hemp and Vape Association, said her specialty vape shop has provided consumer education and supported higher-age sales policies, but that HB 8 as drafted would “protect big tobacco” by eliminating most products sold by specialty shops and by creating a product registry and permitting regime she said would destroy small businesses. Albers urged lawmakers to distinguish specialty vape shops from convenience stores, exclude non-nicotine CBD products from the bill’s ENDS definition, and work with industry stakeholders to craft targeted youth-access enforcement.

Molly Cole, representing the Alabama Hemp and Vape Association, said state compliance checks showed 315 instances of youth-access failures over roughly 15 months and that most were in convenience stores, not specialty shops; she also urged delay pending the U.S. Supreme Court decision in FDA v. (case names as stated in testimony) that could alter federal authority over ENDS products. Cole proposed a product-registration fee and a $100-per-product annual fee as a model to fund monitoring while limiting burdens on small businesses.

Representative Drummond responded to concerns that the bill would favor tobacco companies by saying sponsors consulted “every affected entity possible” and that the state’s premarket registry already exists but lacks enforcement funding. She said the bill aims to save children’s lives and to give the Alabama Alcoholic Beverage Control (ABC) and other agencies resources to enforce existing law.

Committee Chair Judge (chair name not specified in transcript) closed the public hearing without taking a vote and said the committee will take HB 8 up again in two weeks when members reconvene.

Why this matters: HB 8 would change how electronic nicotine delivery systems are regulated and funded in Alabama, affecting retailers, enforcement capacity, school districts and youth-access prevention. Opponents said the bill’s product definitions could sharply change marketplace access for specialty shops and disposable products; sponsors said the statute implements an already-existing registry and is intended to enable enforcement.

Votes and formal actions: The committee did not vote on HB 8 at this hearing; the public hearing was closed and further consideration was postponed to the next committee meeting in two weeks.

Provenance: Testimony presenting the bill begins with Representative Drummond’s remarks (transcript block starting at t=118.46). The committee chair closed the public hearing and announced the two-week carryover in the block starting at t=1177.735.