State tobacco-related legislative bills that have been acted on by a state legislative committee or state legislature are listed below alphabetically by state:
Connecticut: Senate Bill 326, which prohibits the sale of flavored cigarettes, tobacco products, electronic nicotine delivery systems and vapor products, was heard in the Joint Public Health Committee on February 8, 2021. Senate Bill 115, which prohibits any health care facility or pharmacy from selling cigarettes, tobacco products, ENDS and vapor products, was heard in the Joint Public Health Committee on February 8, 2021.
Hawaii: House Bill 476, which, as amended, taxes e-liquid cartridges at the rate of $0.25 each and e-liquids for open systems at the rate of 15% of the wholesale price, imposes a 50% tax on any product the FDA has determined to be “modified risk,” and requires sellers of e-liquids to obtain a state permit, passed House Health, Human Services and Homelessness Committee with an amendment on February 5, 2021. House Bill 598, which includes vapor products in the definition of "tobacco products" for purposes imposing the 70% of wholesale price tax imposed on OTP, and increases the retail tobacco permit fee from $20 to $300 annually and prohibits retail shipment of untaxed tobacco products, passed the House Committee on Transportation with an amendment (not yet available) on February 10, 2021. Senate Bill 138, which, as amended, increases the cigarette excise tax by an unspecified amount per pack, passed Senate Health Committee with an amendment on February 8, 2021.
Indiana: House Bill 1434, being amended in the House Public Health Committee, now increases the cigarette tax by $1.00 per pack and raises the OTP tax to 39% of wholesale (e-liquid and electronic cigarettes included in the definition of tobacco products). The bill has been assigned to the House Ways and Means Committee.
Maryland: House Bill 134 (cross-filed with Senate Bill 177), which prohibits the sale of flavored tobacco products and electronic smoking devices (includes menthol, mint and wintergreen), was heard in the House Economic Matters Committee on February 10, 2021. Senate Bill 378, which authorizes Baltimore City to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices, was heard in the Senate Finance Committee on February 11, 2021. Senate Bill 410, which authorizes a county or municipality to enact and enforce local laws to regulate the sale and distribution of cigarettes, other tobacco products and electronic smoking devices, was heard in the Senate Finance Committee on February 11, 2021.
Missouri: Senate Bill 124, which includes vape and e-cigarettes in the Clean Indoor Air Act and raises the age to purchase to 21 along with other modifications, passed the Committee on Seniors, Families, Veterans and Military Affairs on February 3, 2021.
Mississippi: An amended version of House Bill 874, which increases the minimum sales age to 21 years of age, passed the House and moved to the Senate on February 10, 2021. The amended version of the bill now requires every manufacturer of vapor products sold in the state to deliver an attestation to the attorney general certifying that the product was on the market as of August 9, 2016, and the manufacturer has applied for a marketing order for the product by submitting a PMTA to the U.S. FDA on or before September 9, 2020. Also requires the attorney general to develop a directory of all manufacturers of vapor products that deliver e-liquids and sell vapor products in the state.
New Jersey: Senate Bill 1144, which prohibits the sale of tobacco products and electronic smoking devices at pharmacies, reported favorably from the Senate Health, Human Services and Senior Citizens Committee on February 9, 2021. Senate Bill 2943, which requires tobacco products retailers to carry and offer for sale at least one nicotine replacement therapy, drug, device or combination product that has been approved by the FDA for tobacco cessation use was heard in the Senate Health, Human Services and Senior Citizens Committee on February 9, 2021.
New Mexico: House Bill 167, which increases the tax on cigarettes by $2.00 per pack, increases the OTP tax to 83% of the product value, increases the tax on e-liquid to 83% of the product value, and increases the tax on closed system cartridges to $3.32 per cartridge, passed the House Health and Human Services Committee on February 9, 2021. HB167 is currently in the House Taxation and Revenue Committee.
North Dakota: Senate Bill 2189 was amended on February 4, 2021 in the Finance and Taxation Committee to remove an excise tax on vapor products at a rate of 28% of the wholesale purchase price. The amended bill, as it passed the Senate on February 8, 2021, would require vapor product retailers and distributors to obtain a license. Senate Bill 2190, which would have prohibited 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 did not pass the Industry, Business and Labor Committee on January 25th. House Bill 1403, which would have increased the cigarette tax by $1.10 per pack and House Bill 1422, which would have increased the cigarette tax by $1.00 per pack, cigar and pipe tobacco taxes by 64%, the snuff tax by $1.36 per ounce, and the chewing tobacco by $0.36 per ounce, both failed in the Finance and Taxation Committee on February 9, 2021.
Oklahoma: House Bill 1054 imposes a tax on electronic smoking devices at the rate of 44% of the wholesale price, is scheduled to be considered in the House Appropriations and Budget Finance-Revenue and Taxation Subcommittee on February 15, 2021.
Virginia: Senate Bill 1326, which would require counties to participate in a regional cigarette tax board in order to impose a county cigarette tax, passed the Senate as amended on February 5, 2021. House Bill 2164, which 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 in the under age 21 sales restrictions and removes the exception allowing the sale of tobacco products to active-duty military personnel age 18 and older, was “left” in the House Appropriations Committee on February 5, 2021.