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Madison County adopts ordinance banning e-cigarette sales, possession and use by people under 21 in unincorporated areas
Summary
The Madison County Board on Jan. 15 adopted Ordinance No. 2020-01 to prohibit the sale, purchase or use of electronic cigarettes and alternative nicotine products by anyone under 21 in the county's unincorporated areas; sponsors emphasized support for schools and treatment options for young first-time offenders.
Madison County Board Chairman Kurt Prenzler and the board adopted Ordinance No. 2020-01 on Jan. 15, 2020, amending Chapter 70 of the county code to prohibit sale, purchase and possession of electronic cigarettes and alternative nicotine products by anyone under 21 in unincorporated Madison County.
Board member Chrissy Dutton, who led a health subcommittee that drafted the ordinance, told colleagues the measure grew from requests by school officials and parents and from outreach with school resource officers and the county health and states attorney offices. "We just took a lot of language from all the other municipalities that already had an ordinance for this problem and we used the language that we liked to help suit our county ordinance," Dutton said. She described the ordinance as a tool to support schools and school resource officers.
The ordinance mirrors state restrictions by setting a 21‑year minimum and includes progressive penalties and an option for diversion or cessation programming for first-time offenders. "There was a focus by this committee for deterring this and getting treatment for any under aged people who are addicted to this vaping. It’s not just a punitive ordinance, it’s really designed to help 1st time offenders and get them off those vaping products," said board member Mike Parkinson.
Under the ordinance, first-time violators may face up to a $200 fine or complete an approved educational or cessation program; subsequent violations carry higher fines or mandatory assessments. The county text exempts registered medical cannabis patients in accordance with the medical cannabis statute cited in the ordinance.
The board voted 27–0 to adopt the ordinance. Sponsors said the rule is intended to support school disciplinary efforts while offering courts options to require treatment rather than only fines. The ordinance takes effect upon passage.
