Alaska would require age 21 for most tobacco and vape purchases

Sellers would be barred from negligently selling tobacco, vapes, or nicotine products to people under 21. People under 21 could not knowingly possess these products. Possession could bring a fine up to $150; a court could offer tobacco education instead at the person's request. Medical exceptions cover products used without burning, approved by the U.S. Food and Drug Administration, and sold for approved purposes. They must be prescribed, supplied by a parent or guardian, or provided through a state-approved quitting program or by a pharmacist to someone at least 18. Workers ages 19 and 20 could possess these products while selling them for an employer with the required tobacco sales permission. The proposal specifies January 1, 2026, for these rules and applies them to offenses committed on or after their effective date. Enactment is not recorded.

Sellers would collect a tax equal to 25 percent of the retail price of disposable vapes with prefilled cartridges and vaping substances. Alaska sellers would collect and send in the tax. Out-of-state sellers would do so if they have more than 200 Alaska transactions in the current or preceding calendar year. Exemptions cover federally approved medicines, sales in U.S. uniformed-service facilities, and products the state cannot tax under federal law. Nicotine-free marijuana and registered hemp products are exempt. Devices designed, marketed, and sold to vape those products are exempt when the products are intended for sale only in retail marijuana stores. Tax proceeds would go into the tobacco education and quitting fund. Lawmakers would still need to approve spending from the fund. The proposal specifies January 1, 2027, for the tax and rules governing its proceeds, if enacted.

Licensed shippers and delivery companies would check personal buyers' ages when shipping tobacco products and vapes to Alaska. Unlicensed shippers could send products only to licensed recipients, customs warehouses, or authorized federal and tribal organizations. Licensed shippers could also serve authorized retailers and eligible personal buyers. Personal buyers must be at least 21, have their age checked by a third-party service at purchase, and receive the products for personal use with required taxes paid. Delivery companies must receive the shipper's license and check a personal buyer's age before delivery. Separate paperwork rules apply to authorized business and government recipients. Unlawful shipping could bring misdemeanor charges, a civil penalty up to $5,000 per violation, and responsibility for unpaid taxes. The proposal specifies January 1, 2026, for tobacco shipping rules and January 1, 2027, for vape shipping rules. These offense rules would apply to conduct on or after each effective date, if enacted.

Vape sellers would follow product safety rules, obtain required retail licenses, and avoid marketing likely to promote use by people under 21. Safety rules cover products sold or distributed to Alaska consumers and products held, transported, or imported for those purposes. Licensed retailers could not distribute vapes disguised as other objects. Vaping substances could contain no more than 50 milligrams of nicotine per milliliter. They must resist breakage and leakage and contain no added vitamins or other additives marketed to suggest health benefits. Products must have child-proof and tamper-proof packaging and labels listing all vaping-substance ingredients and nicotine content. Alaska retail licenses would cost $50 a year. Sellers already holding specified state cigarette or tobacco licenses would be exempt from this additional license. The proposal specifies January 1, 2026, for the general marketing ban and January 1, 2027, for retail licensing and product safety rules, if enacted.