Alabama - Tobacco-Free Environments: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law prohibits any smoking or use of tobacco products on school grounds when students are present and/or requires districts to adopt tobacco-free school policies that address some CDC components.

Alabama Code 22-15A-6 Designation of smoking areas; requirements; nonsmoking policies.

(a) Pursuant to this section, the person in charge of a public place may designate an area for the use of smokers. Notwithstanding the foregoing, a smoking area may not be designated and no person may smoke in any of the following unless the area is enclosed and well ventilated:

  • (1) Child care facilities.
  • (2) Hospitals, health care clinics, doctors’ offices, physical therapy facilities, and dentists’ offices.
  • (3) Elevators.
  • (4) Buses, taxicabs, and other means of public conveyance.
  • (5) Government buildings, except private offices.
  • (6) Restrooms.
  • (7) Service lines.
  • (8) Public areas of aquariums, galleries, libraries, and museums.
  • (9) Lobbies, hallways, and other common areas in apartment buildings, senior citizen residences, nursing homes, and other multiple-unit residential facilities.
  • (10) Polling places.
  • (11) Schools or other school facilities or enclosed school sponsored events for grades K-12.

Alabama Code 290-3-1-.02 Regulations Governing Public Schools.

(1) Safe School Equipment and Facilities, Laboratories, and Policies.

  • (a) Safety precautions must be implemented and adequate facilities must be provided for implementations of programs prescribed by SDE Bulletin(s).
  • (b) Effective with the 1995-96 school year and thereafter, local boards of education must:
      1. Adopt a uniform policy allowing law enforcement agencies to make periodic visits to local public schools to detect the presence of illegal drugs, unannounced to anyone except the local superintendent and building principal.
      1. Adopt a uniform policy prohibiting the use of tobacco products on school property and prescribing specific penalties for violating this policy.
        Alabama State Department of Education

Alabama Code 22-15A-4 Prohibition against smoking in public places; exceptions.

(a) No person shall smoke in a public place or at a public meeting except as otherwise provided in this subsection and in 22-15A-7. This prohibition does not apply in any of the following places:

  • (1) Bars and lounges.
  • (2) Retail tobacco stores and tobacco businesses.
  • (3) Limousines used under private hire by an individual or corporation.
  • (4) Hotel and motel rooms rented to guests, except for those rooms designated by the hotels and motels as “no smoking” rooms.

(b) Smoking by patients in a chemical dependency treatment program or mental health program may be allowed in a separated well-ventilated area pursuant to a policy established by the administrator of the program that identifies circumstances in which prohibiting smoking would interfere with the treatment of persons recovering from chemical dependency or mental illness.

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