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Alabama Cities Race to Pass Local Vape Taxes Before Deadline

Alabama Cities Race to Pass Local Vape Taxes Before Deadline

Introduction

In Alabama, a wave of urgency is sweeping through city councils as local leaders rush to pass vape taxes before a looming deadline. The state has approved a new law establishing a 10-cent per milliliter excise tax on e-liquids, set to take effect in October 2026. The legislation also prevents cities and counties from creating new local vape taxes after October 1, 2025, leaving municipalities with just a few weeks to act if they want to secure their own revenue streams.

For vape users, retailers, and policymakers, this scramble raises major questions about taxation, fairness, and the future of vaping in Alabama. Will overlapping taxes lead to double charges at the counter? Will small vape shops be able to keep their doors open? And will consumers simply buy across county lines or online to avoid higher costs?

This blog takes a closer look at the unfolding situation, the motivations behind local governments, the concerns of businesses, and the broader implications for public health and revenue.

Why the Rush is Happening

The push for local vape taxes comes directly from how the state law is structured. According to Vaping360, Act 2025-377 imposes the new statewide vape tax, but also makes it clear that no city or county may pass a local vape tax after October 1, 2025. This โ€œgrandfather clauseโ€ essentially forces municipalities to decide now whether to enact their own measures.

If a city establishes a vape tax before the cutoff, it keeps 100% of that revenue. If it does not, it will only receive a share of the statewide revenue based on population, as reported by AL.com. Local leaders see this as a rare chance to capture funds directly for their communities, rather than relying on state distribution.

This has set off a chain reaction. Councils across Alabama are rushing ordinances through the system, often with little time for public comment or debate. As 1819 News noted, many officials admitted the law was โ€œkind of thrown on them,โ€ forcing decisions under pressure.

Cities Leading the Charge

Several cities have already acted. WSFA News reported that Montgomery passed its own vape tax unanimously, ensuring revenue stays local. Mobile, according to NBC 15 News, adopted a similar ordinance, with leaders arguing that keeping funds in the city is more beneficial than waiting for state allocations. 1819 News highlighted that Gulf Shores officials also voted to enact a tax to preempt the state mandate.

Tuscaloosa, reported by Tuscaloosa Thread, is considering a structure that mirrors the stateโ€™s 10ยข/ml tax, but at slightly lower rates outside city limits. Meanwhile, other municipalities such as Decatur, Foley, Muscle Shoals, Chelsea, and Dothan are moving quickly to pass their own versions, as covered by Wiregrass Daily News.

Not everyone is supportive. The Ozark City Council rejected a local vape tax outright, with leaders there citing the potential burden on small businesses (Wiregrass Daily News).

Business Concerns and Retail Pushback

For vape retailers, the rush to pass local taxes has been met with frustration and anxiety. One major worry is double taxation. If cities levy a 10ยข/ml tax and the state adds another 10ยข/ml on top, consumers could face a 20ยข/ml charge. That is a significant increase, especially for those who purchase larger bottles of e-liquid. Fox10 News pointed out that such increases could hit both consumers and shop owners hard.

While some city officials, such as those in Mobile, insist the intent is not to double-tax and say ordinances could be rescinded if problems arise, retailers remain skeptical (NBC 15 News).

Another concern is cross-border shopping. As Vaping360 reported, vape users may simply drive to neighboring areas without a local tax, reducing foot traffic and sales for city-based vape shops. This undercuts the very revenue that cities are hoping to raise.

The Petroleum Convenience Marketers of Alabama have already challenged the law in court, citing unfair burdens and a confusing patchwork of regulations (Wiregrass Daily News).

Revenue Projections and Uncertainty

One striking feature of this situation is how little data cities are working with. Wiregrass Daily News noted that Decatur estimates only about $50,000 annually in new revenue, which is hardly a windfall, especially if consumer behavior shifts.

Some city leaders have admitted that the tax rules are confusing, with uncertainty about collection and compliance. As one official put it in 1819 News, the entire rollout has been rushed, leaving municipalities with more questions than answers.

Public Health vs. Revenue Motives

Supporters of vape taxes often argue that higher prices can discourage youth vaping and reduce consumption overall. Local officials frequently point to public health when justifying these measures.

But in Alabamaโ€™s case, timing suggests revenue is the driving force. The October 1 cutoff has created a gold rush mentality, where councils are focused less on long-term health outcomes and more on keeping tax dollars local. Critics quoted in AL.com and 1819 News argue that the measure feels more like a financial move than a genuine attempt at harm reduction.

What Happens Next

Looking ahead, several outcomes are clear.

  • The statewide 10ยข/ml tax begins October 1, 2026 (Vaping360).
  • Local taxes passed before the October 1, 2025 deadline will stack on top, potentially doubling the rate in many cities (ABC 33/40).
  • Vape retailers will face new compliance burdens, including reporting and remitting taxes, while still collecting standard sales taxes (Fox10 News).
  • Legal challenges could slow or reshape enforcement, depending on how courts rule (Wiregrass Daily News).
  • Consumer behavior is likely to change, with more people either buying online or traveling to avoid higher local rates.

Why It Matters for Vapers and Businesses

For Alabama residents, these new taxes mean higher costs at the register and potential confusion about where and how much they are paying. For independent vape shops, compliance costs and reduced customer demand could threaten long-term survival.

More broadly, this situation is part of a national trend where local and state governments are increasingly relying on vape taxes to fill budget gaps. For companies like Black Note, committed to offering naturally extracted tobacco e-liquids, these developments highlight the importance of monitoring policy changes closely.

Alabamaโ€™s rush to tax vapes is not just about one state. It is a case study in how financial urgency, public health debates, and business realities collide in shaping the vaping industryโ€™s future.

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