State tobacco-related legislative bills that have been introduced in the past week are listed below alphabetically by state:

Arizona: House Bill 2118 increases the minimum legal sales age to 21 and provides for civil penalties for enterprises selling to underage persons. House Concurrent Resolution 2008 refers to the November 2022 ballot whether to add an excise tax on vaping products of 43% of the wholesale cost.

Arkansas: Senate Bill 2 increases the excise tax on cigarettes by imposing a tax of 20% upon all receipts from the sale of cigarette. This tax would be in addition to the current excise tax of $1.15 per pack. The bill also imposes an excise tax on vapor products at the OTP tax rate of 68% of the invoice price. House Bill 1045 defines “cigarette paper” for the purpose of taxation and imposes an additional tax on cigarette paper at the rate of $.50 per package of thirty-two sheets of cigarette paper.

Connecticut: Senate Bill 40 prohibits the sale of nicotine delivery systems and vapor products within five miles of a school building. Senate Bill 41 prohibits the sale of refillable electronic delivery systems and vapor products. Senate Bill 113 prohibits the sale of flavored cigarettes, tobacco products, nicotine delivery systems and vapor products. Senate Bill 115 prohibits any health care facility or pharmacy from selling cigarettes, tobacco products, ENDS and vapor products.

Florida: House Bill 239 (Pre-filed) grants counties and municipalities the authority to further restrict smoking within the boundaries of any public beaches and public parks that they own.

Indiana: House Bill 1434 increases the cigarette tax by $1.00 per pack and imposes a tax on e-liquid containing nicotine at $0.08 per liquid milliliter. Senate Bill 142 requires retailers to use scanning technology or an automated software system to verify age.

Kansas: House Bill 2061 prohibits the sale of flavored vapor products (exempts the flavors of tobacco and menthol), increases the minimum age to purchase/possess tobacco products and vapor products from 18 to 21 years of age, prohibits cigarette vending machines, and increases the fee for a retail dealers license to $100 for each establishment.

Kentucky: Senate Bill 81 authorizes a city or county government to impose restrictions or requirements on the use, display, sales, and distribution of tobacco products and vapor products that are stricter than those imposed under state law.

Maryland: House Bill 134 (cross-filed with Senate Bill 177) prohibits the sale of flavored tobacco products and electronic smoking devices (includes menthol, mint and wintergreen).

Mississippi: Senate Bill 2182 defines the terms “electronic smoking device” and “tobacco product” for the purpose of taxing electronic smoking devices at the rate of 15% of the manufacturer’s list price.

New York: Assembly Bill 1432 amends the tax law to require tax stamps to be 2” x 2” and contain a color graphic depicting an adverse effect of cigarette use, and a toll-free telephone number for information on smoking cessation.

Assembly Bill 1887 (same as S1021) prohibits the sale of flavored smokeless tobacco within 500 feet of a public or private school. Senate Bill 1167 changes the minimum pack size and tax rates for tobacco products: loose tobacco (includes pipe tobacco) minimum pack of .65 ounce taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; cigars minimum 5 pack taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; single-unit tobacco minimum of 20 pieces taxed at the higher of 95% of wholesale or the same as a pack of cigarettes; moist snuff minimum pack of one ounce taxed at the higher of 95% of wholesale or $3.63 per ounce.

Senate Bill 1278 prohibits the sale of cigarettes with single-use filters and single-use electronic cigarettes.

North Dakota: Senate Bill 2189 imposes an excise tax on vapor products at a rate of 28% of the wholesale purchase price and would require vapor product retailers and distributors to obtain a license. Senate Bill 2190 prohibits the shipping of tobacco products and vapor products to any consumer and requires the sale of tobacco products and vapor products to be made by face-to-face over-the-counter retail sales transactions.

House Bill 2156 prohibits an individual under twenty-one years of age from purchasing, possessing, or using tobacco products or electronic smoking devices. This bill was heard in the Judiciary Committee on January 13th, no action was taken.

Oklahoma: House Bill 1054 (Pre-filed) taxes electronic smoking devices at the rate of 44% of the wholesale price. The term “electronic smoking device” includes any substance intended to be aerosolized or vaporized during the use of such devices, whether or not the substance contains nicotine.

Oregon: The following bills were pre-filed on January 11, 2021:

House Bill 2071 and Senate Bill 587 require tobacco and vapor retailers to obtain a license from the Department of Revenue. House Bill 2148 prohibits the sale of flavored tobacco and vapor products and prohibits remote sales of all vapor products.

House Bill 2261 prohibits remote sales of vapor products. House Bill 2274 raises the cigarette tax by $0.34 per pack to $3.67 beginning January 1, 2022 and imposes a corresponding floor stocks tax on that date. Senate Bill 64 allows for covert underage buyer checks on tobacco retailers.

South Carolina: House Bill 3681 prohibits political cities and counties from enacting any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products; and provides that such laws, ordinances, and rules enacted by a political subdivision prior to December 31, 2020, are not subject to the preemption imposed by this act.

Tennessee: House Bill 113 creates an annual retail tobacco license and establishes a tax on closed-system vapor products at $0.05 per liquid milliliter and on open-system vapor products at 5% of the wholesale price. Senate Bill 143 exempts smokeless nicotine products from the tax on tobacco products and cigarettes.

Texas: House Bill 211 imposes a five-cents per liquid milliliter sales and use tax on vapor products. Senate Bill 248 requires anyone selling electronic cigarettes to consumers to obtain a permit from the comptroller.

Senate Bill 216 imposes a tax on the sale of electronic cigarettes. The tax rate is determined for the following year by the comptroller prior to December 1st of each calendar year. SB216 also requires all retailers that sell electronic cigarettes in the state to obtain an e-cigarette retailer permit from the comptroller.

Vermont: Senate Bill 24 prohibits the sale of flavored cigarettes, e-cigarettes and e-liquids (including menthol). The bill also directs the Office of the Attorney General to report on the extent to which Vermont may legally restrict advertising and regulate labels of e-cigarettes and other vaping-related products.

Virginia: Senate Bill 1326 provides that, if a locality did not impose a cigarette tax as of January 1, 2021, the locality is prohibited from imposing a cigarette tax unless it is a member of a regional cigarette tax board. The bill also prohibits any locality from imposing a cigarette tax after January 1, 2026, unless such locality is a member of a regional cigarette tax board. House Bill 2164 prohibits any person from selling any tobacco product at retail without first obtaining a license from the Alcoholic Beverage Control Authority (the Authority). The bill also includes nicotine vapor products sales restrictions and removes the exception allowing the sale of tobacco products to active-duty military personnel age 18 and older.

Washington: Senate Bill 5129 (Pre-filed) allows for covert underage buyer checks on retailers and removes civil liability for minors who purchase, use or possess tobacco products.

Wyoming: House Bill 55 increases the excise tax on cigarettes by $.24 per pack (from $.60 per pack to $.84 per pack) and also increases the tax on moist snuff by $.12 (from $.60 to $.72) for any amount of moist snuff up to 1 ounce plus a proportionate rate at the like rate on any fractional parts of more than 1 ounce. HB55 is scheduled to be heard in the House Revenue Committee on January 19, 2021.