Tobacco in Alabama

The State of Tobacco Control 2010 Report grades states on their anti-tobacco efforts; in this report, Alabama received straight "Fs".[17] The state was graded in four categories:

• spending on programs to prevent and control tobacco use[17]
• statewide smoking restrictions[17]
• tax levied on cigarettes[17]
• payment for medications and counseling for Medicaid patients and state employees who are trying to quit smoking[17]

Alabama ranked right at the bottom in all four categories.[17] For every smoker in Alabama, $993 a year is spent on hospital care as a result of smoking.[18] A national study shows that Alabama's economy suffers $5.6 billion a year in direct costs because of smoking, which also includes more than $1 billion in lost workplace productivity and $1.7 billion in direct medical expenditures.[18]

• Alabamians spend $842 million a year on drugs directly as a result of smoking.[19]

• Nearly $125 million a year is spent by Alabamians in nursing homes directly as a result of smoking.[19]

• For every smoker in Alabama, $993 a year is spent on hospital care as a result of smoking.[19]

• Annual health care costs in Alabama directly caused by smoking: $1.49billion[20]

• Portion covered by the state Medicaid program: $238million[20]

• Residents' state and federal tax burden from smoking-caused government expenditures: $540.[20]

•Smoking-caused productivity losses in Alabama: $2.24billion.[20]

Specific smoking regulatory bills passed in Alabama include the following:

• Summary of Bill: Section 22-15A-4 focuses on issues of smoking in public places. It states Alabama's general prohibition against smoking in public arenas and lists four specific exceptions to this law.
• Section 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 Section 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." (Act 2003–314, p. 770, §4.)[21]
• Summary of Bill: Section 22-15A-6 discusses required designation of smoking areas in public venues. It states forbidden and allowed areas that may be designated, as well as ventilation requirements that must be met in areas where smoking is allowed.
• Section 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. (12) Retail establishments, excluding restaurants, except areas in retail establishments not open to the public. (13) Lobbies, hallways, and other common areas in multiple-unit commercial facilities. (b) If a smoking area is designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke, and no more than one-fourth of the total square footage in any public place within a single enclosed area shall be reserved and designated for smokers unless clientele dictates otherwise. No area designated as a smoking area shall contain common facilities which are expected to be used by the public. (c) Nothing in this section shall be construed to prevent any owner, operator, manager, or other person who controls any establishment or facility from declaring and enforcing a nonsmoking policy in the entire establishment or facility. (d) Notwithstanding any other provision of this section or this chapter, if any restaurant is deemed by its owner as being too small to have a designated smoking area, it shall be left up to the discretion of the owner if the facility will be a 'smoking' or a 'nonsmoking' facility." (Act 2003-314, p. 770, §6.)[22]
• Summary of Bill: Section 22-15A-7 explores the technical aspect of non-smoking zones by discussing "No Smoking" signs, describing the "No Smoking" diagram, emphasizing the importance of proper placement of signs, and outlining repercussions of non-smoking zone violations.
• Section 22-15A-7 "Posting of 'No Smoking' and 'Smoking Area' signs; violations of chapter.(a) A 'No Smoking' sign or signs, or the international 'No Smoking' symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across, shall be prominently posted and properly maintained where smoking is prohibited by this chapter, by the owner, operator, manager, or other person in charge of the facility. 'Smoking Area' signs shall also be posted as appropriate in public places. (b) The person(s) in charge of a public place who observes a person in possession of a lighted tobacco product in apparent violation of this chapter shall inform that person that smoking is not permitted in that area by law." (Act 2003–314, p. 770, §7.)[23]
• Summary of Bill: Section 22-15A-10 states that chapter smoking laws will not restrict or supersede county, city, town, or village laws as long as minimum standards are met.
• Section 22-15A-10 "Local laws, ordinances, or regulations. Nothing in this chapter shall be construed to restrict the power of any county, city, town, or village to adopt and enforce local laws, ordinances, or regulations that comply with at least the minimum applicable standards set forth in this chapter." (Act 2003–314, p. 770, §11.)[24]

While the number of high school smokers is at an all-time low, 22.1 percent or 12,400 children under 18 still become new smokers each year.[16] It is estimated that 174,000 kids who are now under the age of 18 and alive in Alabama will ultimately die prematurely from smoking.[25] Furthermore, offsetting the positive trend of reduced smoking rates in youth is an increase in the use of smokeless tobacco products such as snuff, dip, and chew.[26]

A new product called "Snus," described as a smokeless, spitless, less detectable way to use tobacco is marketed to young users.[16] With higher levels of nicotine than other snuff products, it contains some of the same carcinogens and is more addictive.[16]

On the 2009 Auburn City School's Pride Student Survey, 10 percent of 10th graders and one out of seven seniors reported using smokeless tobacco products in the last year.[16] This is a dangerous trend since smokeless tobacco products are not safer, and a user's chance of getting oral cancer is 50 times greater than a non-user.[16]