For three years, Alabama state Rep. Barbara Drummond fought to rein in the sale of alternative nicotine products.

Last week, that effort reached a milestone as lawmakers passed HB8, a potentially groundbreaking bill that could mark Alabama’s first major regulation of e-cigarettes and vaping devices since they became widely popular among teens more than a decade ago.

“This is a game-changer for Alabama,” said Drummond, D-Mobile. “I think (HB8) will save some children’s lives.”

The bill’s passage comes at a critical time, as a staggering 17.5% of Alabama high schoolers report using vaping products — more than double the national average of 7.8%.

But HB8’s journey is not yet over. The bill, now on Gov. Kay Ivey’s desk, is drawing last-minute scrutiny and lobbying, particularly from the convenience store industry, which sees the measure as an existential threat.

Industry Uproar

Central to the controversy is an amendment by Sen. Bobby Singleton, D-Greensboro, approved Tuesday by a narrow 18-16 vote. That amendment would limit sales at convenience stores to just 34 tobacco and menthol-flavored e-cigarette products approved by the FDA. All other flavors — including hundreds currently pending FDA review — would be banned from sale except in age-restricted vape shops where only those 21 and over can enter.

“The only place to buy a vape-styled product with a flavor other than tobacco or menthol would be at an age-restricted specialty vape shop,” said J. Bart Fletcher, president of the Petroleum & Convenience Marketers of Alabama. “Alabama is looking at being the only state in the nation where retail convenience stores are limited in the sale of vape products, and limited to only those on the approved federal registry.”

Fletcher warned that this could devastate small businesses and push major chains like Wawa and Circle K to reconsider investing in the state. Vape sales, he noted, bring in an average of $6,117 per month per store, with a nearly 30% gross margin. Alternative nicotine products account for about 30% of convenience store sales.

Governor’s Decision

The amendment has created unusual political drama over legislation that has been voted on in the legislature and is now headed to the governor’s desk.

Singleton, who supported tighter regulations but wanted to protect retailers, has sent a letter to Ivey urging her to revise the bill with an executive amendment that would allow for more products – beyond the FDA-approved list — to be sold at convenience stores.

“We need to rein it in but at the same time, I don’t want to see small businesses go out of business,” Singleton said. “Convenience stores are a big part of the business landscape in the state.”

Sen. David Sessions, R-Mobile, who sponsored HB8 in the Senate, is strongly opposed to revisiting the bill. He called Singleton’s suggestion for an executive amendment as an “unfriendly” one and insists governor should sign the bill as is.

A spokesperson for Ivey said only that HB8 is “under review.”

Sessions said if the governor is “serious about protecting Alabama family values,” she will sign the bill, as it was advanced out of the legislature, “with no problem” and without Singleton’s request.

“Honestly, I’d like to see them all out,” Sessions said about alternative nicotine products sold at retail shops that are open to all ages. “It’s nothing against free trade, commerce. It’s about the health of our children.”

Sessions got emotional during the Senate debate on Tuesday, pressing the urgency of reducing youth access to vape products.

“It’s a huge win for the health of our state,” he said. “I don’t think you’ll stop every child or teenager from getting their hand on a vape. But at least we’ll get it out from so many different choices that are in the front of your face.”

Still, Sessions issued a warning if the bill comes back to the Senate: “If it comes back, I’m taking it all out of the convenience stores and they can fill the space with something else.”

Education and Enforcement Measures

While the political drama plays out, HB8 contains several provisions focused on youth prevention and public health:

• Bans vape sales in vending machines.
• Increases penalties for selling to minors under 21.
• Requires vape products sold in Alabama to be U.S.-manufactured.
• Mandates the State Board of Education create a vaping education and prevention program for schools.

Virginia Guy, executive director of the Drug Education Council in Mobile, applauded the education component.

“This is a huge problem for schools,” Guy said. “We have third and fourth graders, every day, who are vaping. They were sold as alternatives to cigarette smoking. The vape industry sold these products as being safer than cigarettes and what people hear is that they were safe, not safer. Now we’re seeing that they are not safe at all.”

Big Tobacco Influence

Jim McCarthy, spokesperson for the American Vapor Manufacturers Association, condemned the bill as a giveaway to major tobacco corporations.

“HB8 isn’t just bad policy, it’s a case study in regulatory hubris, punishing entrepreneurs and adult consumers while handing the keys to the vaping market to the same cigarette giants who’ve profited from harm for decades,” he said.

McCarthy and others argue the bill favors Big Tobacco by sidelining smaller vape companies and raising prices for consumers.

The legislation had previously been, in past years, opposed by public health groups like the American Cancer, Lung and Heart associations. The groups argued that curtailing alternative nicotine products could lead to a surge in cigarette smoking.

Alabama has long had an “F” score by the American Lung Association on its policies aimed at curbing tobacco use.

“We support fact-based ways to reduce tobacco use, including significantly raising taxes on all tobacco products, creating smoke-free environments and increasing tobacco control funding,” said Jane Adams, the government relations director with the Alabama Cancer Society Cancer Action Network Government.

She said the April closure of the U.S. Centers for Disease Control and Prevention’s Office of Smoking and Health, will leave states with limited resources on tobacco control programs.

“We look forward to working with lawmakers to focus on these fact-based initiatives that are at risk now more than ever,” she said.

Personal mission

Despite pushback, Drummond has remained steadfast over the years. She said her motivation stems from a moment years ago, while teaching Sunday school to middle schoolers.

“I see a young man sucking on something that, out of my ignorance, I thought it was a zip drive to a computer,” she recalled. “I said, ‘What is wrong with you?’ Why are you sucking on a zip drive?”

The class laughed. She soon learned it was a vape device.

“I knew I had to do something about this,” she said. “It was about doing policy to save lives.”

Political Implications

Drummond, now preparing for a run for Mobile mayor in the August 26 election, maintains her campaign and the vape legislation are unrelated.

“I’m a legislator,” she said. “Policy is what I do.”

Still, the timing of HB8’s advancement may boost her visibility. On the same day the legislature approved HB8 — and applauded Drummond for her efforts — the candidates for Mobile mayor were gathered together in Mobile for a forum at Cottage Hill Baptist Church. Drummond appeared via a pre-recorded video message that was shown before and after the forum.

“I think the timing came out well for her,” said Rep. Sam Jones, D-Mobile, who served as mayor from 2005 to 2013. Jones, who voted against HB8 over concerns for small businesses, praised Drummond’s work ethic.

Drummond previously worked under Jones during his mayoral administration and has experience in both county and state government.

“I know Barbara,” he said. “I know she is one of the hardest working people I ever have met.”